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City of Fort Worth, Texas
June 1999
BOB TERRELL
City Manager
SPECIAL CONTRACT
DOCUMENTS
FOR
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C�NTRACT VQ�Y � � � I �
Cleaning of Large Diameter
Sanitary Sewer Mains in
Fort Worth, Texas
Project No. PS58-070580974890
MIKE GROOMER
Assistant City Manager
LEE C. BRADLEY, JR., P.E.
Director
Water Department
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PREPARED BY
CITY OF FORT WORTH WATER DEPARTMENT
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KENNETH BARR
Mayor
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BOB TERRELL
City Manager
SPECIAL CONTRACT
10-12-99A09�16 RCVD
DOCUMENTS
FOR
Cleaning of Large Diameter
Sanitary Sewer Mains in
Fort Worth, Texas
Project No. PS58-070580174890
City of Fori Worth, Texas
June 9999 ,
KENNETH BARR
Mayor
MIKE GROOMER
Assisfant City Manager
LEE C. BRADLEY, JR., P.E.
Director
Water Department
PREPARED BY
CITY OF FORT WORTH WATER DEPARTMENT
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SPECIAL CONTRACT
DOCUMENTS
FOR
Cleaning of Large Diameter
Sanitary Sewer Mains in
Fort Worth, Texas
Project No. PS58-070580174890
CITY OF FORT WORTH, TEXAS
JUNE 1999
I hereby state that these Contract Documents were prepared under my direct
supervision and that I am a duly Registered Professional Engineer under the laws of
the State of Texas.
/���o, ./ . � , �
Walter W. Hardin Jr., . .
Registration No. �D/�P
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Date:
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CITY OF FORT WORTH, TEXAS
WATER DEPARTMENT
Cleaning of Large Diameter
Sanitary Sewer Mains in
Forf Worth, Texas
Project No. PS58-070580174890
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JUNE 1999
BOB TERRE�
CITY MANAGER
MIKE GROOMER
ASSISTANT CITY MANAGER
APPROV
� ,G� �
Lee C. radley, Jr., P.E., Director
Water Department
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Maebell Brown, P.E., Assistant Water Director, Field Operations
Water Department
- _ ., - .� -%� � �� ����
-�dYS. Frank Crumb, P.E., Enginee ir ng Coordina�or
Water Department ,
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TABLE OF CONTENTS
Titie
Notice to Bidders
Special Instruction to Bidders
M/WBE Specifications
M/WBE Compliance Forms
�oPos�
General Conditions
Supplementary Conditions
Special Condition
Attachments
Insurance and Bond Forms
Contract
* Part has individual Table of Contents
Part
A
A
B
B
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C'�
C1
D*
E
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NOTICE TO BIDDERS
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Sealed proposals for furnishing of all labor, materials and equipment necessary for
Q normal cleaning and heavy cleaning of large diameter sanitary sewer lines ranging in
size from 20 inches to 72 inches in diameter, and associated manholes designated as:
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Cleaning of Large Diameter
Sanitary Sewer Mains in
�ort Worth, Texas
Fort Worth Water Department
Project No. PS58-070580174890
will be received until 1:30 p.m. on the date of the bid opening, at the Office of the
Purchasing Manager, City.of Fort Worth, located in the fower level of the Municipal
Building, 1000 Throckmorton, Fort Worth, Texas 76102. The Bids will be publicly
opened and read aloud in the City Council Chambers at: �
2:00 P.M., Thursday, August 19, 1999
Specia! Contract Documents, including plans and detailed specifications have been
prepared for this project and may be obtained from the Engineering Service Division
Office of the Fort Worth Water Department, 1000 Throckmorton Street, Fort Worth,
Texas 76102. '
Generat Contract Documents and Specifications for the Water Department Projects,
dated January 1, 1978, with the latest revisions, also comprise a part of the Special
Contract Documents for this project and may be obtained by paying a non-refundable
fee of 550.00 for each set, at the Engineering Service Division Office of the Fort
Worth Water Department, 1000 Throckmorton Street, Fort Worth, Texas 76102. Pre-
qualification according to the Fort Worth Water Department Special Instructions to
Bidders is required.
A pre-bid conference will be held at 10:00 A.M. on Tu�sday, August 10, 1999 in
the Water Department Conference Room, Room 225, Fort Worth Municipa!
Building, 1000 Throckmorton, Fort Worth, Texas.
NTB - 1
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The City reserves the right to rejecf any and all bids and waive any and all
irregularities. No bid may be withdrawn until the expiration of forty-five (45} days
from the date the bids are received.
For additiona! information, please contact Mr. Darrell Gadberry at (817)-212-2813 or
Mr. Kirit Patel at (817)-212-2639, of the Fort Worth Water Department.
Bob Terrell
City Manager
Gloria Pearson
City Secretary
Publication Date:
Julv 22, 1999
Julv 29, 1999
Fort Worth, Texas
NTB - 2
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SPECIAL INSTRUCTION TO BIDDERS
(WATER DEPARTMENT)
1. PREQUALIFICATION REQUIREMENT: All contractors submitting bids are
required to be prequalified by the Fort Worth Water department prior to submitting
bids. This prequalification process will establish a bid limit based on a technical
evaluation and financial analysis of the contractor. It is the bidder's responsibility to
submit the following documentation: a current iinancial statement, an acceptable
experience record, an acceptable equipment schedule and any other documents the
Department may deem necessary, to the Director of the Water Department at least
seven (7) calendaz days prior to the date of the opening of bids. .
(a) 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 financial status of the submitting company. Tlus
statement must be current and not more than one (1) year old. In the case that a
bidding date �alls within the time a new statement is being prepared, the -
previous stat ment shall be updated by proper verification.
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(c)
(d)
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For an experience record to be considered to be acceptable for a given project, it
must reflect rhe experience of the firm seeking qualification in work of both the
same nature �nd technical lev�l as that of the project for which bids are to be
received. �
The Directok� of the Water Department shall be the sole judge as to the
acceptability for financial� qualification to bid on any Fort Worth Water
Department project.
Bids receive.�l in excess of the bid limit shall be considered non-responsive and
will be rejected as such.
The City, ir its sole discretion, may reject any bid for failure to demonstrate
experience �nd/or expertise.
Any propo�als submitted by a non-prequalified bidder shall be returned
unopened, and if inadvertently opened, shall not be considered.
(g) The City will attempt to notify prospective bidders whose qualifications
(financial or experience) are not deemed to be appropriate to the nature and/or
magnitude of the project on which bids are to be received. Failure to notify
shall not be a waiver of any necessary prequalification.
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2. 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 Iargest
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 (10) times the limit of the bond. The
surery 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. '
3.
4.
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. -
5. 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. ,,
� 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
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7. NONRESIDENT BIDDERS: 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.
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"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. �
PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be
paid within forty-five (45) caleridar days after completion and acceptance by the City.
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9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal
Government, Contractor covenants that neither it nor any of its officers, members,
agents, employees, program participants, or subcontractors, while engaged in
performing this contract, shall, in connection with the employment, advancement or
discharge of employees or in connection with the terms, conditions, or privileges of
their employment, discriminate against persons because of their age except on the bases
of a bona fide occupational qualification, retirement plan, or statutory requirement.
Contractor fiuther covenants that neither it nor its officers, members, agents,
� employees, subcontractors, program.participants, or persons acting on their behalf,
shall specify in solicitations or advertisements for employees to work on this contract, a
� maximum age limit for such employment unless the specified maximum age limit is
based upon a bona fide occupational qualification, retirement plan, or statutory
requirements.
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Contractor wanants it will fully comply with the policy and will defend, indemnify,
and hold City harmless against 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 reference Policy concerning age discrimination in the
performance of this agreement.
10. DISABILITY: In accordance with the provisions of the Americans With Disabilities
Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors
will not unlawfully discriminate on the basis of disability in the provision of services to
the general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA's provisions and
any other applicable federal, state, and local laws concerning disability and will defend,
indemnify, and hold City harmless against any claims or allegations asserted by third
parties or subcontractors against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above reference laws concerning
disability discrimination in the performance of this agreement.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City
of Fort Worth Ordinance No. 11923, the Ciry of Fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office �of the City
Secretary. In order for a bid to be considered responsive the AFFIDAVIT
STATEMENT included within these bid documents must be completed and submitted
with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render
the bid non-responsive. In addition, the M/WBE UTILIZATION FORM, M/WBE
GOALS WAIVER FORM, and GOOD FAITH EFFORT FORM ("Documentation"),
as appropriate. The documentation must be submitted no later that 5:00 P.M., five (5)
City business days after the bid opening date. The bidder shall obtain a receipt from
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the appropriate employee of the managing department to whom delivery was made.
aSuch receipt shall be evidence that the documentation was received by the City. Failure
to comply shall render the bid non-responsive.
� Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a Minority Business Enterprise (MBE)
Q and/or a Women Business Enterprise (WBE) on the contract and payment thereof.
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 performed by an MBE
Oand/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)
and/or the commission of fraud by the Contractor will be grounds for termination of the
� contract and/or initiating action under appropriate federal, state, or local laws or
ordinances relating to false statements; further, any such misrepresentation (other than a
negligent misrepresentation) and/or commission of fraud will result in the Contractor
� being determined to be inesponsible and barred from participating in City work far a
period of time of not less than three (3) years.
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PROPOSAL �
� (This proposai must not be removed from this book of Contract Documents.)
� TO: Bob Terrell
City Manager
� Fort Worth, Texas
PROPOSAL FOR: The furnishing of all materials, equipment and labor for the cleaning
� and internal television inspections of various sanitary sewer lines ranging in size from
20 inches to 72 inches in diameter and to provide a complete and serviceable project
designated as:
� Cieaning of Large Diameter
Sanitary Sewer Mains in -
�"} Fort Worth, Texas
L1 Fort Worth Water Department
Project No. PS58-070580174890
�
Pursuant to the foregoing "Notice to Bidders," the undersigned Bidder, having thoroughly
� 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 Department of Engineering the City of Fort Worth, Texas; and binds himself upon
acceptance of this Proposal to execute a contract and furnish an approved Performance Bond,
Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for
�'"j the pertorming and completing of the said work. Contractor proposes to do the work within the
�,.J time state.d and for the following sums:
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aPay APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
Item QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
� 1. 2,000 LF Normal Cleaning 20" to 24" Diameter
� One Dollars &
Twenty-five Cents per LF $ 1.25 $ 2,500.00
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2. 2,000 LF Normal Cleaning 27" Diameter
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One Dollars & �
� Thirty-Five Cents per LF $ 1.35 $ 2,700.00
� 3. 2,000 LF Normal Cleaning 30" Diameter �
� One Dollars &
Thirty-Five Cents per LF $ 1.35 $ 2,700.00
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� , 4. 2,000 LF Normal Cleaning 33" Diameter
� One Dollars &
Forty Cents per LF $ 1.40 $ 2,800.00
� 5. 2,000 LF Normal Cleaning 36" Diameter
� One Dollars &
� Fifty Cents per LF $ 1.50 $ 3,000.00
� 6. 2,000 LF Normal Cleaning 42" Diameter
(� One Dollars &
���� Seventy-Five Cents per LF $ 1.75 $ 3,500.00
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Pay APPROXIMATE DESCRIPTION OF ITEMS WITH � UNIT AMOUNT
� Item QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
7. 2,000 LF Normal Cleaning 48" Diameter
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One Dollars &
� Seventy-Five Cents per LF $ 1.75 $ 3,500.00
�,J 8. 2,000 LF . Normal Cleaning 54" Diameter
aTwo Dollars &
allo Cents per LF $ 2.00 $ 4,000.00
� 9. 2,000 LF Normal Cleaning 60" Diameter .
D Two Dollars &
Twenty-Five Cents per LF $ 2.25 $ 4,500.00
� 10. 2,000 LF Normal Cleanin 72" Diameter
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� Two Dollars &
aFifty Cents per LF $ 2.50 $ 5,000.00
� 11. 1,000 LF Heavy Cleaning 20" to 24" Diameter
OThree Dollars &
NO Cents per LF $ 3.00 $ 3,000.00
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12. 1,000 LF Heavy Cleaning 27" Diameter
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Three Dollars &
aNO Cents per LF $ 3.00 $ 3,000.00
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Pay APPROXIMATE � DESCRIPTION OF ITEMS WITH UNIT
Item QUANTITY BID PRICES WRITTEN IN WORDS PRICE
13. 1,000 LF Heavy Cleaning 30" Diameter
Three � Dollars &
Fifty Cents per LF $ 3.50
14. 1,000 LF Heavy Cleaning33" Diameter
Three Dollars &
Seventy-Five Cents per LF $ 3.75
15. 1,000 LF Heavy Cleaning 36" Diameter
Four pollars &
� Twenty-Five Cents per LF $ 4.25
16. 1,000 LF Heavy Cleaning 42" Diameter
Four pollars &
Twenty-Five Cents per LF $ 4.25
17. � 1,000 LF Heavy Cleaning 48" Diameter
Six Dollars &
No Cents per LF $ 6.00
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1,000 LF Heavy Cleaning 54" Diameter
Eight Dollars &
No Cents per LF $ 8.00
B-4
AMOUNT
BID
$ 3,500.00
$ 3,750.00
$ 4,250.00
$ 4,250.00
$ 6,000.00
$ 8,000.00
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Pay APPROXiMATE DESCRIPTION OF ITEMS W1TH � UNIT
Item QUANTITY BID PRICES WRITTEN IN WORDS PRICE
19. 1,000 LF Heavy Cleaning 60" Diameter
Nine Dollars & .
Seventy-Five Cents per LF $ 9.75
20. 1,000 LF Heavy Cleaning 72" Diameter
Ten Dollars &
No Cents per LF �$ 10.00
21. 18,000 LF Post Cleaning Internal N
Inspection 20" to 36" Diameter
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18,000 LF
4 EA
One Dollars &
Thirty Cents per LF $ 1.30
Post Cleaning Internal TV
Inspection 42" to 72" Diameter
One Dollars &
Fifty Cents per LF $ 1.50
Reverse set-up for Internal TV
Inspection 20" to 72" Diameter
One Hundred
Seventy-Five Dollars &
No Cents per LF $ 175.00
B-5
AMOUNT
BID
$ 9,750.00
$ 10,000.00
$ 23,400.00
$ 27,000.00
$ 700.00
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Pay APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
Item QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
24. 2 EA By-Pass Pump Set-up 8" Pump
One Thousand Dollars &
No Cents per LF $ 1,000.00 $ 2,000.00
25.
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Seven Hundred Dollars &
No Cents per EA $ 700.00
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2 EA
24 Hours
By-Pass Pump Set-up 12" Pump
One Thousand Dollars &
No Cents per LF $ 1,000.00 $ 2,000.00
By-Pass Pump Operation
One Hundred Fifty Dollars &
No Cents per LF $ 150.00
4 EA Manhole Exposure (Manholes
Buried more than 1" in paved areas
and 12" in unpaved areas)
$ 3,600.00
$ 2,800.00
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PART B — PROPOSAL
BID SUMMARY
Cleaning of Large Diameter Sanitary Sewer Mains
TOTAL BID AMOUNT
$ 151,200.00
NOTE: Bid quantities of various items in the proposal are for bid comparison only
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). Moreover, there is to be no limit on the variations between
the estimated quantities shown and actual quantities perFormed or used.
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A
B.
(Complete A or B below, as applicable:)
The principal place of business of our company is in the State of Missouri.
Nonresident bidders in the State of , our principal place of business, are
required to be percent lower than resident bidders by state law. A copy of the statue
is attached.
Nonresident bidders in the State of Missouri, our principal place of business, are not required
to underbid resident bidders.
The principal place of business of our company or our parent company or majority owner is in
the State of Texas.
This contract is issued by an organization which qualifies•for exemption pursuant to the provisions of Article
20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. All equipment and materials not consumed by
or incorporated into the project construction, are subject to State sales taxes under house Bilf 11, enacted
August 15, 1992. The successful Bidder shall be required to complete the attached Statement of Materials
and Other Charges contractor at the time of executing the contract.
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PART B — PROPOSAL (Cont.)
Within ten (10) days after notification by the City, 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 this contract. The attached bid security in the amount of 5% is to become the property of the
City of Fort Worth, Texas, in the eve�t the contract and bond or bonds are not executed and delivered within
the time above set forth, as liquidated damages for the delay and additional work caused thereby.
The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents
and General Specifications for Water Department Projects dated 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,
subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned
are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City
Ordinance No. 7400.
The Bidder agrees to begin construction within 21 calendar days after issue of the work order, and to complete
the contract within 365 calendar days after the beginning construction as set torth in the written order to be
furnished by the Owner.
I(we) acknowledged receipt of the following addenda to the plans and specifications, all of the provisions and
requirements of which have been taken into consideration in preparation of the foregoing bid:
Addendum No. 1 (Initials)
� Addendum No. 2 (Initials)
Addendum No. 3 (Initiatsl
Addendum No. 4 (Initials)
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Respectively submitted,
B. I.����%'�/� A NG, INC
Y
Patrick M. Brown
Title: Vice President
Address: 4000 Truman Road
Kansas Cit�, MO. 64127
Telephone: (816) 241-2891
a � B_g
city of Fort wortn
Minority and Women Business Enterprise Specifications
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 appiicable. If the total dollar
value of the contract is less than $25,000, the M/WBE goal is not applicable. �
POLICY STATEMENT .
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective
of the Policy is to increase the use of M/WBE flrms to a level comparable to the availability of M/WBEs that provide
goods and services directly or indirectly to the City.
M/WBE PROJECT GOALS
The City's MBE/WBE goal on this project is �1� % of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MlWBE 4rdinance
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.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. M/WBE Utilization Form:
2. Prime Contractor Waiver Form:
3. Good Faith Effort Form:
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S MNVBE ORDINANCE, WILL RESULT IN THE BID BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions, please contact the M/WBE Office at (817) 871-6104.
Rev. 6l2198
City of Fort Worth
Minority and Women Business Enterprise Specifications
MBENVBE UTILIZATION
Qce P� Qe C�ean� nc� ..Tn c
PRIME COMP Y NAME � � � � � � �
CIeQ ` o `avKe�er .�v�� � r�e,t ��
PROJEC NAME
� CiTI"S I►4/1'V(3E PROJECI' COAL: � 8' �
�-19-��
81.�sE58-o7D.S�'D/7 y�ll�
PROJECT NUMBER
ATT'ACHMENT �q
Page 1 of z
� � A1nV[3E PERCENTACE ACHIEVEp: � 50 +
j
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.
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
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 specifications.
i Company Name, Contact Name, Certitied
I Address, and Telephone No.
� ^
U ~' �
� OQ O
F" x �
v F
z =
;_� __..,._.___......,._._.--•-.___.--
Specify All Contracting
Scope of Work (')
Specify All Items to be
Supplied(') �, �
�U `
v
a"
tn H-
Dollar Amount
M/WBEs must be located in the 9(nine) county marketplace or currently doing business in the marketplace at the time of bid �
') Speci(y alI areas in which MWBE's are to be utilized andlor items to be supplied: `
'y A complete listing o( items to be supplied is required in order to receive credit toward the MlWBE goal. I
") Identify each Tier level.
Tier: Means the level of subcontracting belaw the prime contrectorlconsultant, i.e., a direct payment
from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to
its supplier ts considered 2"' tier.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT 6Y 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
� Rev.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing DepaKment
..- .'_ i.. • - - -
Minorit and Womenity of Fort Worth
Y gusiness Enterprise Specifications
MBE/WBE UTILIZATION
Company Name, Contact Name,
Address, and Telephone No.
I' ' --
I
I....._..-.�-•.. � _._..�_...
I.... •. �-'_.
I•--•-_--
Certified
� o0
f- �
x
z '" x
Specify All Contracting
Scope of Work (•)
Specify All Items to be
Supplied(•) ,�,�
u `
d �
tn !-
<1Ti'ACHMENT �A
Page 2 of 2
Doitar Amount
'he bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding
actuat work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid.
The bidder also agrees to aliow an audit and/or examination of any books, records and files hetd by their company that
vill substantiate the actual work performed by the MBE(s) andlor WBE(s) on this contract, by an authorized officer or
�mployee 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,
�tate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material
ireach 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.
G/��Z'�.� Es and
Authorized Signature
li� ce l�v�cs,'c(� n �"
Title �
/-fC� ��2 C IP_0�-n�`/Iq .
ompany Name "
Es MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
����`c,�L �/(, ��oW�
Printed Signature ...
�� L
ytbo j ru rn Q r I?�,I K C�c,�0 ���� %
ddress
City/StatelZip Code
Contact Name and Title (if different)
��/6) ay/-a � 9/
Telephone Number (s)
(� i 6) a y/- 5o5S�
Fax Number
�-I�-99
Date
THIS FORM MUST BE RECEIVED 8Y THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE eID OPENING DATE
Pages 1 and 2 of Attachment 1A must be received by the Managing Department Rev. e�2198
ATTACHMENT 1 B
City of Fort Worth Page 1 of 1
Minority and Women Business Enterprise Specifications
Prime
l7�e P�AP �.'l�an��l��
Pnme Company Name
g/� q199
Bid Opening Date
Contractor Waiver ('
���C}Vl �/1� � T LQ✓' e Di0-vrte'�t Y
✓1� t-ar .Sew�e✓ �iYl$ 1!1 f'(.(�, /h'
Project Name
. F�'SR-07U5�0/ 7�f�i0
Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form).
Aii questions on this form must be completed and a detailed explanation provided, if applicable. If
the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only
applicable if both answers are yes.
Faifure to complete this form,.in its enfirety and be received by the :Manaqinq Depa�-trrent on or
before 5:00 p.m,, five (5) Citv business. days after bid oAenina, exclusive of the tiid.:opening date;
will result in the bid being considered non-responsive to bid specifications. --:;. �
Will you perForm this entire contract without subcontractors? �Yes No
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 operational profile of
your business.
Will you perform this entire contract without suppliers? �Yes No
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.
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work perFormed by all subcontractors, including MBE(s) and/or
WBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s)
and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit
and/or examination of any books, reco�ds and files held by thei�r company that will substantiate
the actual work performed by the MBE(s) and/�r WBE(s) on this contract, by an authorized officer
or employee of the City. Any intentiona( 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 th�ee (3j
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 cont�act may result in a
dete�mination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1) year.
�
Authorized Si ature
`�i�e V'�'esiO�en�
Titfl
ffc� ��� ��,�ani r� 4, � n c
Company Name ''
__z� �� u vkGr� ���
Address
Authorized Signature
���', /1�10 ��/� �
%f�TR/C � l�• �r4u_)l�
Printed Signature
Contact Name (if different)
��6�a�� a� � /
Contact Telephone Number (s)
��/� )a y/- �So<5�
Fax Number
�Ce /"l��/C�Q�I�/I �.
Company Name
Rev. 6/2/98
ATTACHMENT 1C
Page 1 of 3
city of Fort wortn
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name
Project Name
Bid Date
Project Number
IIf you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if�
your M/WBE participation is less than the City's project goal, you must complete this form.
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
submiiting 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 e'ntirety 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 (DO NOT LIST NAMES OF
FIRMSI which will be used in the completion of this project, regardless of whether it is to be provided
by a M/WBE or non- MlWBE.
(Use addifional sheets, if necessary)
List of: Subcontractinq Opqortunities List of: SUppII@� OppOrtUllltl@S
ATTAGHMENT 1C
Page 2 of 3
2.j Did you obtain a current list of M/WBE firms from the City's M/WBE Office? The list is considered in
compliance, if it is not more than 3 months old from the date of bid opening.
Yes
No
Date of Listing / /
3.) Did you solicit bids from MNVBE 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
No copy of letter mailed.
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, erson contacted,
No phone number and date and time of contact.
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 a SIC list of M/WBE is ten or less, the bidder must contact the entire list to be in compliance with
questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two-thirds of
the list but not less than ten to be in compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential MNVBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
Yes
No
6.) If M/WBE bids were received and rejected, you must:
(1) List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable,
qualifications, etc.) and
(2) Attach affidavit and/or documentation to support the reason(s) listed below (i.e.. letters, memos,
bids, telephone calls, meetings, etc.)
(Please use additiona! sheets, if necessary, and attach.)
Company Name Telephone Contact Person Scope of Work Reason for
Rejection
ADDITIONAL INFORMATION:
ATTACHMENT1C
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
ihereof 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
ierminating 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 M1WBE(s) listed
was/were contacted in good faith. It is understood ihat 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
Title
Company Name
Address
City/State/Zip
Printed Signature
Contact Name and Title (if different)
Telephone Number(s)
Fax Number
Date
V
�
�
Q
a
�
�. .�. .�. .�. .� .� � � .. � �.. � ,� � �► � .� .� ..�
�
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
�
��
�
�
�
L�7
C1-1
C1-1.1
C1-1.2
C1-1.3
C1-1.4
C1-1.5
C1-1.6
C1-1.7
C1-1.8
C1-1.9
C1-1.10
C1-1.11
C1-1.12
C1-1.13
C1-1.14
C1-1.15
C1-1.16
�1-1.17
C1-1.18
C1-1.19
C1-1.20
C1-1.21
C1-1.22
C1-1.23
C1-1.24
C1-1.25
C1-1.26
C1-1.27
C1-1.28
C1-1.29
C1-1.30
C1-1.31
C1-1.32
DEFINITIONS
Definition of Terms
Contr3ct Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specif ications
Bond
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, City Water Department
Engineer
Contractor
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
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form
C2-2.2 Interpretation of Quantities
C2-2.3 Examination of Contract Documents
and Site
C2-2.4 Submitting of Proposal
C2-2.5 Rejection of Proposals
C2-2.6 3id Security
(1)
Cl-1
C1-1
Cl-1
Cl-1
Cl-1
C1-1
C1-1
C1-1
C1-1
Cl-1
Cl-1
Cl-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
Cl-1
Cl-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
C1-1
(1)
(1)
�2}
(2)
(2)
(2)
(2)
(2)
(2)
(3)
(3)
(3)
(3)
t3)
(3)
(3)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
t5)
(6>
(6)
(6)
(6)
(6)
(6)
C2-2 (1)
C2-2 (1)
C2-2 (2>
C2-2 (3)
C2-2 (3)
C2-2 (3)
�
C2-2,7 Delivery of Pzoposal
C2-2,8 Withdrawing Prop�sals
C2-•2,9 Telegraphic �odification of Proposals
C2-2.10 Public Opening �f Proposal
C2-2.11 Irregular �roposals
C2-2.12 Disqualification of Bidders
C3-3 AWA�D AND EXECUTION OF DOCUMENTS
C3-3.1 Consideration of Proposals
C3-3.2 Minority Business Enterpise
Women-Owned Business Enterprise
compliance
C3-3.3 Equal Employment Provisions
C3-3.4 Withdrawal of Proposa]_s
C3-3.5 Award of Cantract
C3-3.6 Return of Proposal Securities
C3-3.7 Bonds
C3-3.8 Execution of Contract
C3-3.9 Failure to Execute Contract
C3-3.10 Beginning Work
C3-3.11 Insurance
C3-3.12 Contractor's Obligations
C3-3.13 Weekly Payroll
C3-3.14 Contractor's Contract Administration
C3-3.15 Venue
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents
C4-4.2 Special Provisions
C4-4.3 Increased or Decreased Quantities
C4 -4.4 Alteration of Contract Documents
C4-4.5 Extra Work
C�-4.6 Schedule of Operations
C4-4.7 Progress Schedules for Water and
Sewer Plant Facilities
C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 Authority of Engineer
C5-5.2 Conformity with Plans
C5-5.3 Coordination of Contract Documents
C5-5.4 Cooperation of Contractor
C5-5.5 Emergency and/or Rectification Work
C5-5.6 Fie'ld Office
C5-5.7 Construction Stakes
CS-5.8 Authority and Duties of Inspectors
C5-5.9 Inspection
C5-5.10 Removal of Defective and Unauthorized
C5-5.11 Substitute Materials or Equipment
C5-5.12 Samples and Tests of Materials
C5-5.13 Storage of Materials
C5-5.14 Existing Structures and Utilities
C5-5.15 �nterruption of Service
C5-5.16 Mutual Responsibility of Contractors
C5-5.17 Cleanup
C5-5.18 Final Inspection
C2-2 (4)
C2-2 t4)
C2-2 (4)
�2-2 (4)
C2-2 (4)
C2-2 (5)
C3-3 (1)
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
(1)
(1>
(2)
(2)
(2)
(2)
(4)
(4)
(4)
(4)
(7)
(7)
(7)
(8)
C4-4 (1)
C4-4 (1)
C4-4 (1)
C4-4 (2)
C4-4 (2)
C4-4 (3)
C4-4 (4)
C5-5
CS-5
CS-5
C5-5
CS-5
C5-5
CS-5
C5-5
C5-5
Work C5-5
C5-5
C5-5
C5-5
CS-5
C5-5
C5-5
C5-5
C5-5
(1)
(1)
(2)
(2)
(3)
(3)
(3)
t4)
(5)
(5)
i5)
(6)
(6)
(7)
(7)
(8)
(8)
(9)
(2)
�
�
�
L
�
�
�
��
�
�
�
'
�
C6-6
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
C6-6.11
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
C7-7.17
C8-8
C8-8.1
C8-8.2
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges of Contractor in Streets,
A11eys, and Right-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 of Relocation of Public
Utilities, etc.
Temporary Sewer Drain Cannections
Arrangement and Charges of Water
Furnished �.�y City
Use of a Se^tion of Portion of the Work
Contractor's Responsibility for Work
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECUTION AND PROGRESS
Subletting
Assignment of Contract
Prosecution of the Work
Limitations of Operations
Character of Workman 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 of Abandonment of the
Work and Annulment of Contract
Fulfillment of Contract
Termination for Convenience of tne Onwer
Safety Methods and Practices
MEASUREMENT AND PAYMENT
Measurement of Quantities
linit Prices
(3>
C6-6 (1)
C6-6 (1>
C6-6 (1)
C6-6 f2)
C6-6 (2)
C6-6 (3)
C6-6 (4)
C6-6 (4)
C6-6 (5)
C6-6 (6)
C6-6 (8)
C6-6 (8)
C6-6 (10)
C6-6 (10)
C6-6 (10)
C6-6
C6-6
C6-6
C6-6
C6-6
C6-6
(11)
(11)
(11)
(12)
(12)
(12)
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
(1)
(1)
(1)
(2)
(2)
(3)
(4)
(4)
(4)
(5)
(6)
(6)
C7-7 (7)
C7-7 (7)
C7-7 (9)
C?-7 (10)
C7-7 (13>
C8-8 (1)
C8-8 (1)
C8-8.3
C8-8.4
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8.10
C8-8.11
C8-8.12
C8-8.13
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adquacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 (4)
C8-8 (4)
C8-8 (5)
C8-8 (5)
C8-8 (5)
(4)
�
�
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
�
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract
Documents the following terms or pronouns in place of them are
i�„ used, the intent and meaning shall be undarstood and
interpreted as follows:
�. -
�
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of
the written and drawn documents, such as specifications,
bonds, addenda, plans, etc., which govern the terms and
performance of the contract. These are contained in the
General Contract Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern all Water Department Projects and
include the following items:
PART A- NOTICE TO BIDDERS (Sample)
PART B - PROPOSAL (Sample)
PART C - GENERAL CONDITIONS (CITY)
� (Developer)
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
�
�
�
�
�
�
(Sample)
(Sample)
White
White
Canary Yellow
Brown
Green
E1-White
E2-Golden Rod
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
PART G - CONTRACT
PART H - PLANS (Usually bound
C1-1 (1)
separately>
C1-1.3 NOTICE TO BIDDERS: A1' of thP legal publications
either actually published in public advertis�ng mediums or
furnished direct to interest�� partz�s pertaining to the w�rk
contemplated under �he Contract �ocuments constitutes th�
notice to bidders.
C1-1.4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the �ork which the Owner desires
to have don�, together with the bid security, constitutes the
Proposal, which becomes binding upon th� Bidder when it is
officiall.y received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1.5 BIDDER: Any persor�, persons, firm, partnership,
company, association, corporation, acting directly or through
a duly authorized representat�ve, submitting a proposal for
perForming the work contemplated iander the Contract Documents,
constitutes a bidder.
C1-1.6 GENERAL CONDITIONS: The General Conditions are the
usual construction ana contr�ct 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 �ity 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 sha11 govern.
C1-1.7 SPECIAL CONDITIONS: Special conditions are the
specific requirements which are necessary for the particular
groject cavered by the Contract Documents and not specifically
covered in the General Conditions. When considered with the
General Conditions and other elements of the Contract
DoGuments they pravide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1.8 SPECIFICATIONS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements whi�h must be met by all materials, c�nstruction,
workmanship, equipment and services in order to render a
comgleted and useful project, Whenever reference is made to
standard speci£ications, regulati�ns, requirements, statutes,
etc., such referred to documents shall become a part of the
Contract Documents just as �hough they were embodied therein.
C1-1.9 BOND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
Cl-1 (2)
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faithful performance of the contract and include the
following;
a. Performance Bond
b. Payment Bond (see
c. Maintenance Bond
d. Proposal or Bid
to Bidders, Fart
(see paragraph C3-3.7)
paragraph C3-3.7)
(see paragraph C3-3.7)
Security (see Special Instructions
A and C2-2.6)
� C1-1.10 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.
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C
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C1-1.11 PLANS: The plans are the drawings or reproductions
therefrom made by the Owner's representative showing in detail
the location, dimension and position of the various elements
of the project, including such profiles, typical
cross-sections, layout diagrams, working drawings, ;�reliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purp�se 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.
C1-1.12 CITY: The City of Fort Worth, Texas, a municipal
corporation, authorized and chartered under the Texas State
Statutes, acting by and through its governing body or its City
Manger, 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.
C1-1.13 CITY COUNCIL: The duly elected and qualified
governing body of the City of Fort Worth, Texas.
C1-1.14 MAYOR: The officially elected Mayor, or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas.
C1-1.15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth, Texas, or his duly
authorized representative.
C1-1.16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas, or his duly authorized
representative.
C1-1 (3)
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C1-1.17 DIRECTOR OF PUBLIC WORKS: The dul_y appointed official
of the City of Fort Worth, referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department af the City of Fort
Worth, Texas, ar his duly authorized representative,
assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department, or their duly
authorized assistants, agents, engineers, inspectors, or
superintendents, acting within th� scope of the particular
duties entrusted to them.
C1-1.20 CONTRACTOR: The person, persons, partner,hip,
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, for work at th�.site of th� project.
C1-1.21 SURETIES: The CorporatP 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
a11 requirements as set forth in the Contract Documents and
approved changes therein.
C1-1.22 THE WORK OR PROJECT: The completed work contemplated
in and covered by the Contract Documents, including but not
limited to the furnishing of all labor, materials, tools,
equipment, and incidentals necessary to produce a completed
and serviceable project.
C1-1.23 WORKING DAY: A working day is defined as a calendar
day, n�t including �aturdays, 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 6:00 p.m., with exceptions as permitted in
paragraph C7-7,6,
C1-1.24 CALENDAR DAYS: A calendar day is any day of the week
or month, no days being excepted.
C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be
prescribed by the City Council of the City of Fort
observance by City employees as follows:
C1-1 (4)
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observed as
Worth for �
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0
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1.
2.
3.
4.
5.
6.
7.
8.
9.
New Year's Day
M. L. King, Jr. Birthday.
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Such other days in lieu of
holidays as the City Council
may determine
January 1
Third Monday in January
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
When one of the above named holidays or a special holiday is
�"' 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 �alendar
holiday as the holiday.
� C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Contract Documents, the intent and meaning
shall be as follows:
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AASH'TO - American Association of MGD
State Highway Transportation
Officials
ASCE - American Society of Civil
Engineers
LAW - In Accord3nce With
ASTM - American Society of
Testing Materials
AWWA - American Wat�r Works
Association
ASA - American Standards Association
HI - Hydraulic Institute
� Asph.
Ave.
Blvd.
� CI
- CL
GI
Lin.
� lb.
MH
� Max,
�
- As�halt
- Avenue
- Boulevard
- Cast Iron
- Center Line
- Galvanized Iron
- Linear or Lineal
- Pound
- Manhole
- Maximum
Cl-1 (5)
- Million Gallons Per
Day
CFS - Cubic Foot per
Second
Min. - Minimum
Mono.- Monolithic
� - Percentum
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 - SquarP Yard
L.F. - Linear Foot
D.I. - Ductile Iron
Y..
C1-1.27 CHANGE ORDER: A"Change Order" is a written
supplemental agreement between the Owner and the Cont.ractor
covering some added or deducted item or f�ature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25� of the amount of the particular item or items in
the original proposal.
All "Change Orders" shall be prepared by the City from
information as necessary furnished by the Contractor.
C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley
shall be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
l.
2.
3.
4.
5.
Any type af asphaltic concrete with or without
separate base material.
Any type of asphalt surface treatment, not
including an oiled surface, with or without
separate ba�e material.
Brick, with or without separate base material.
Concrete, with or without separate bas2 material.
Any combination of the above.
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined
above for "Paved Streets and Alleys."
C1-1.30 CITY STREETS: A ci�y street is defined as that area
between the right-of-way lines as the street is dedicated.
C1-1.31 ROADWAY:
parallel lines two
(4') feet back of
exists.
The roadway is defined as the area betwe�n
(2') feet back of the curb lines o.r four
the average edge oF pavement where no curb
C1-1.32 GRAVEL STREET: A gravel street is any unpaved street
to which has been added one or more applications of gravel or
similar material othe.r than the natural material found on the
street surface beFore any improvem?�t was made.
C1-1 (6)
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SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATIQN pF PROPOSAL
5ECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
, C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with
proposal form, which will contain an itemized list of the
� items ot work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
� the Bidder's general unders�anding 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 �he 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.
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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 nat�re and
� magnitude as that of the project for which bids are to be
received, and such experience must have been on projects
completed not more than five (5) years prior to the date on
� which are to be received. The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
� Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
� project on which he submits a bid.
C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work
and materials to be furnished as may be listed in the proposal
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C2-2(1>
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forms or other parts oF the Cor7cruct Documents will be
considered as appra�imate only and will be used for the
nurpos� of comparing '�ids on a unifr�rm basise Payment will be
made to the Co�tractor for only the actu.al quantities of work
pErfor�ned or materi�Is furni.shed in sirict acco:-dance with the
Contract Documents and Plans. The quantities of work to be
performed a.r,d materials to be furnished may be increased or
decreased as hereinafter provided, without in any way
invalidating the tznit pricEs bid or any other requirements of
the Contract Documents.
C2-2.3 EXAMINATION OF COhTTRACT DOCUM'ENTS AND SITE OF PRQJECT:
Bidciers are advisEd that the Contract Documents on file with
the Owner_ shall constitute all of the infor:nation which the
Owner will furnish. Al1 additional in:�ormation and data which
the owner will sup�ly after promulgation �f the formal
contract documents sha]_1 be issued in the form of written
addenda and shall becorne part oF the Contract. Documents just
as though such adder�da were a�tually written ir.to thE original
Contract Documents.
Bidders are required, pri�r to the filing of proposal, to read
and become familiar with the Contract Documents, to visit the
site of the pxaject and examine carefully all local
conditions, to inform tlzemselves 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 themse]_ves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time requi�ed for
its completion, and �btain all infozmation required to make an
intelligent proposal. No inforznation given by the Owner or
any representative oF the Owner other than that contained in
the Contract Dacuments and officially promulgated addenda
ther��o, shall be binding upon the Owner. Bidders shall rely
e.xclu�ively and solely upon their own estimates,
investigation, research, tests, explorations, and other 3ata
wh.ich are necessary for full and com�lete information upon
which the proposal is to be bas�d, It is mutually agreed that
the submission of a propasal is prima-Facie evidence that the
bidder ha� made the inve�tigations, examinations and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicat�d in �he Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information ozily and may not oe correct. Neither the
C2-2(2)
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Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
�,, C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his
Proposal on the form furnished by the Owner. Al1 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 word� and numerals, for which he
Yp,Y proposes to do the wvrk contemplated or furnishe the materials
required. Al1 such prices shall be written legibly. In case
of discrepancy between the price written in words and the
� price written fn numerals, the price most advantageous to the
City shall govern.
r' If a proposal is submitted by an individual, his or her name
� must be signed by him (her> or his (her) duly authorized agent.
_ If a proposal is submitted by a firm, association, or
` partnership, the name and address of each member must be
�., given, and the proposal must be signed by a member of the
firm, association, or partnership, or by a person duly
authorized. If a proposal is submitted by a company or
� corporation, the company or corporate name and business
address must be given, and the proposal signed by an official
� or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
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 unbalan�e value of any items. Proposal tendered or
delivered after the official time designated for receipt of
proposal 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" nf the character and
in the amount indicated in the "Notice to Bidders" and the
"Proposal." The Bid Security is required by the Owner as
� evidence of good faith on the part of the Bidder, and by way
of a guaranty that if awarded the contract, the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
�.. is awarded or other disposition is made thereof. The bid
security of all other bidders may be returned promptly after
�"' the canvass of bids.
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C2-2(3)
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C2-2.7 DErIVERY OF PROFCS�L: No pronosal wi11 he consider2d
unless it is delivered, accomp�z�ied by its proper Bid
Security, tc the City �anager or hi_s representative in the
official place oi busi.zess as s�t Fortn _�n th� °'Notice to
Bidders." It is the Bidd�*-'s .��le zesponsibility to deliver
the proposal at the proper t�_me to th� proper �,lace, The mere
fact that a proposal was dispatched wili nct be consider�d.
The Bidd�r must have the proposal ac�ua�ly delivared. Each
proposal shall be in a seal�� en�,reiope pla�nly marked with the
word "PRGPOSAL," and the name or description o£ the project as
designated in the "Notice to Bidder�." The envelope shall be
addressed to the City Manager, City Y;a�l, Fort Worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be wi�hdrac�n prior �o th� tinle set for
opening proposals. A request for non-consideration of a
pr000sal must be made in writing, addressed to the City
Manager, and filed with him prior to the �ime s�t for the
opening of proposals. After al� proposals nat requested For
non-consideration ar� opened and publicly rea3 aloud, the
proposals for which non.-considEr.ation requests have been
properly filed may, at the option o£ the Oti,rn�r, be returned
unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modif.y his pronosa� l�y telegrapi�ic communication �t a.ny time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager
prior t� the said proposal opening time, and provided further,
that� the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic co�nmunication
over the signature of the bidder. wa:� mailed prior to the
proposal opening time. If such confirmation is not received
within :Eorty-eight (48) hours after the pronosal opening time,
no furtner conside.ration will be given to the proposal.
C2-2.10 PUBLTC OPENIPdG GF PROPO�AL: ProPosals which have been
properly filed and Por which no "Non-consideration Request"
has been rec�ived will be publicly apened and read alaud by
the �;ity Manager or his author.ized reoresentative at the time
and �lace indicated in tYie "Notice to 8idders." All proposals
which have n�en opened anr3 read will remain on file with the
Owner until the contract has beei� awarded, Bidde.rs or their
authorized representatives are invited to be present for the
opening of bids.
C2-2.11 IRREGULAI2 PROPOSALS: Proposals shall be r_onsidered as
being "Irregular" if they snow any omissions, alte.rations of
form, additions, or canditions no� called for, unauthorized
alternat� bids, or irregularities of any kind. However_, the
C2-2(a?
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Owner reserves the rig�.t to waive any and all irregularities
� and to make the award of thP 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 DISQUALIFICaTZON OF BIDDERS: Bidders may be
disqualified and their proposals not considered for any of,
but not limited to, the �ollowing reason:
�'" a. Reasons for believing that collusion exists among
bidders.
� b. Reasonable grcunds for believing that any bidder is
interested in more than one proposal for work
contemplated.
�'"" c. The bidder being interested in any litigation
� against the �wnzr or where the Owner may have a
claim against or be engaged in litigation against
�-�, the bidder.
� d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The bidder having perf��rmed a prior contract in an
� unsatisfactory manner.
f. Lack of competency as revealed by the financial
statement, experience record, equipment schedule,
� and such inquiries as the Owner may see fit to make.
g. Uncompleted work which, in the judgment of the
Owner, will prevent or hinder the prompt completion
� of additional work if awarded.
h. The bidder not filing with the Owner, one week in
advance of the hour of the opening of proposals the
� following:
1. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one
under consideration, which have been
successfully completed by the Bidder�
3. An Pquipment schec?ule showing the equipment
the bidder has available for use on the
project.
The Bid Proposal of a bidder who, in the j�dgznent of the
Engineer, is disqualif_ied under the req�.�irements stated
� herein, shall be set aside and not opened.
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C2-2(5?
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PART C - GENERAL CONDITIONS
C3-3 AWARD AND :r,XECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
� C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the pronosals will be tabulated on the
basis of the quoted prices, the quantities shown in the
}"' proposal, and the application of such formulas or other
L-� methods of bringing items to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the com�leted 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 maybe 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 tMBE)
�"� and or a a Woman-owned 8usiness Enterprise tWBE) on the
. contract and the payment therefor. Contractor further agrees,
upon request by Owner, to allow and audit and/or an
examination of any books, records, or files in the possession
� of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
� nature will be grounds for termination of the contract and for
initiating any action under appropriate federal, state or
local laws and ordinances relating to false statements;
further, any such misrepresentation may be grounds for
�' disqualifi.cation of Contractor at Owner's discretion for
, bidding on future Contracts with the Owner for a period of
time of not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
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C3-3 (1)
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The Contracto.r shall post the r�quired nctice to that zfcect
on the projer.t si�e, and, at hzs rec�uest, wiJ_1 be �rovided
assistance by the City oF Fo�.t i?ortr�'s Equal Emnloyment
Officar wha wi]_1 r�'�er azly qua�itied ���licant I�p may have on
file in his office to ti�e Contzactor. Appropriate notices may
be acquired from the Equal Fmployznent Officer..
C3-3.4 WITHDRAWAL 0�' PROPOSALS: After a proposal has been
read by the �wner it ca.nnot be withczrawn by the Bi.dder within
forty-five (45) days a�Fter �h� date on which the pronosals
were opened.
C3-3.5 AW.ARD OF CUNTRAC'�: The Owner rese�ves the right to
withholdfinal action an the proposals fo.r a reasonable time,
not to exceed forty-five t45) 3ays after tn� ciate af opening
proposals, and in no event wili an award be made until after
investigations l�ave beeri mad2 as to th� resp�nsibility of the
proposed awardee...
The award of the contract, if an award is maae, will be to the
lowest and best responsible bid�er.
The award of the contract shall not pecome effective until the
Owner has notified the Contractor in writing of such award.
C3-3.6 RETURN OF �ROPOSAL SECURITIES: As soon as proposed
price totals have been determined fo.r comparison of bids, the
Owner may, at �.t� discretion, return the proposal security
which accampanied the proposals which, in its judgment, would
not be considered for the award. Al1 othe.r proposal
securities, usually those of the three Iowest bidders, will be
retained by the Owner u.ntil the required contract has been
cxecuted and bond €urnished �r the Owner has otherwise
diaposed of the bids, a£ter which they will be returned by the
City Secretary.
�3-3.7 BONDS: With the executior. and delivery of the Contract
Documents, the Contractor shall �urnish to� and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND: A good and sufficient
performance bond in an amount not less than 100
percent of the amount oE the contract, �s evidenced
by the proposal tabulation or otnerwisP,
guaranteeing the full and faithful execution of the
work and perfoYmance of the contract, and for the
protection of the �wner and all other persons
against damage by rzason of negligence of the
Contractor, or impraper execution of the work o.r
the use of. inf�riar ;naterials. This performance
C3-3 (2)
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� bond sh 1 u r nte th
a 1 g a a e e payment for all labor,
� materials, equipm�nt, supplies, and services used
in the construction of the work, and shall remain
in fu11 force and effect until provisions as above
stipulated are accomplished and final payment is
�"" made on the project by the City.
b. MAINTENANCE BOND: A good and sufficient
- maintenance bond, in the amount of not less than
� 100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise,
� guaranteeing the prompt, full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8.10.
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c. PAYMENT BOND: A good and sufficient payment bond,
in 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 an� faithful payment of all claimants
as defined in Article 5160, Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344 Acts
56th Legislature, Regular Session, 1959, effective
April 27, 1959, and/or the latest version thereof,
supplying labor and materials in the prosecution of
the work provided for in the contract being
constructed under these specifications. Payment
Bond shall remain in force until all payments as
above stipulated are made.
d. OTHER BONDS: Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
�� time in default or delinquent on any bonds or which are
�,,,, interested in any litigation against the owner. All bonds
shall be made on the forms furnished by the Owner and shall be
� executed by an approved surety company doing business in the
City of Fort Worth, Texas, and which is acceptable to the
owner. In order to be acceptable, the name of the surety
shall be included on the current U.S. Treasury list of
� acceptable sureties, and the amount of bond written by any one
y acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
� executed by both the Contractor and Su.rety Company.
�
Should any surety on the contract be determined unsatisfactory
� at any time by the Owner, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
.--,
I�
C3-3 (3)
i�
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties, as
required, have qualified and,have been accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (IO) days after the
Owner has by appropriat� resolution, or otherwise, awarded the
contract, the Contractor shall execute and file with the Owner
the Contract and such bonds as m3ay be required in the Contract
Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary, approved as to form and
legality by the City Attorney, and Qxecuted for the Owner by
either the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failur� of the
Awardee to execute the required bond or bonds or to sign the
required contract within t�n (10) days after the contract is
awarded shall be considered by the Owrier as an abandonm�nt of
his proposal, and the Owner may annul the Award. By reason of
the uncertainty of �the martiet prices of material and labor,
and it being impracticable and difficult to accurately
determine the amount of damages occuring 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 and shall thereupon immediately be
forfeited to the Owner.
The filing of a praposal will be considered as an acceptance
of this provision by the Bidder.
C3-3.10 BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do so by the Cwner.
Should the Contractor fail to commence work at the site of the
project within the time stipulatPd in the written
authorization usually termed the "Work Order" or "Proceed
Order", it is agreed that the Surety Company wil1, within ten
(10) days after the commencement date set forth in such
written authorization, commence the physical execution of the
cont.ract.
C3-3.11 INSURANCE: The Contractor sha.11 not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
besn approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors'
C3-3 (4)
�
� certif..icate of insurance for approval. The prime cor�tractor
shall indicate on the certificate of in5urance in�luded in thP
documents for execution whether or not his insurance �overs
� sub-contractors. It is the intentio.n of the Owner that the
insurance coverage required herein shall include the coverage
_ of all sub-cantractors.
- a. COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this contract,
Workers' Compensation Insu.rance on all of his
+�„ employees to be engaged in work on the project
under this contract, and for all sub-contracto.rs.
� In case any class of employees engaged in hazardous
wor;c on the project under this cont.ract is not
protected under the Workers' Compensation Statute,
� the Contractor shall provi�e adequate employer'S
genera.l liability insurance for the protection of
� such of his employees not so protected.
� b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
� Contractor shall procure and shall maintain during
the life of this contract Contractor's
Comprehensive Generai Liability Insurance (Public
� Liability and Property Damage Insurance) in an
axnount not less than $500, 0.00 covering each
occurrence on account of bodily injury, including
� death, and in an amount not less than $500,000
covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
�,,, c. ADDITIONAL LIABILITY: Tk�e Contractor shall
furnish insurance as separate policies or by
� additional endorsement to one of the
above-znentioned policies, and in the amount as set
forth for public liability and property damage,,.the
, fallowing insurance:
� l. Contingent Liability (covers Gene.ral
Contractor's Liability for acts o.f
}'", sub-contractors).
2. 8lasting, prior to any blasting being done.
� 3. Collapse of bui.ldings or structures adjacent
� to exca�ation (if excavations are to l�e
performed ad�acent to same).
� 4. Aamage to underground utilities f.or $500,000.
�
�
C3-3 (5)
�J
5.
b.
Builder's risk (where above-ground structures
are involved).
Contractual Liabili�y (covers all
indemnification requir�rnents of Contract3.
d� AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life oF this Contract, Comprehensive
Automabile Liability insurance in an amount not
less than $250,000 for injuries including
accidental death to any one person and subject to
the same limit for each �erson an amount not iess
than $500,000 on account of one accident, and
automobile property damage insurance in an amount
not less than $100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZAR�: The
insuranc2 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 unc9er this
contract, whether such operations be by the insured
or by anyone direc�ly or indirectly employed by
him, an3 also against any of the following special
hazards which may be encountered in the performance
of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these �ontract
Documents in amounts and by carriers satisfactory
to the Owner. (Sample attached.) All insurance
requirements made upon the Co�tractor shall a�ply
to the sub-contractor, should the Prime
Contractor's insurance not cover th�
sub-contractar's work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom the
Contractor°s insurance and performance, payrnent,
maintenance and all such other bonds are written
shall be r�presente� by an agent or agents having
an affice located within the �ity limits of the
C3-3 (6)
�
�
City ef Fort Worth, Tarrant County, Texas. Each
� such agent shalt be a dizl.y qualified, one upon whom
service o.E process may be had, and must have
authority and pawer to act on behalf of the
� insurance and%or bonding company to negotiate and
settl� with the City of Fort Worth, or ar�y other
� claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
damaged, may hava against the Contractor,
� insurance, and/or bonding coinpany. 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 nam� of the agent or agents shall be set
forth on all of such bonds and certificates of
° insurance.
C3-3.12 CONTRACTOR'S OBLZGAiIONS: Under the Cantract, 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 engage3 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 clos�
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 canspicuous place at the site of the
� project at all times during the course of the Contract.
Copies of the wage rates wil.l be furnished the Contractor, by
� the Owner; however, posting and protection of the wage rates
shall be t'ne responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
� whether a p�rson, p�rsons, partnership, company, firm,
association, corooration or other who is approved to do
business with and ent�rs into a contract with the City for
� construction of water 3nd/or san�.tary sewer facilities, will
have or shall establish a fully ooerational business office
within the Fort �Vort'n-Dallas metroQolitan ar�a. The
�- Contractor shall charge, delP�ate, or assign this office (or
, he may delegate his project Superintendent) with full
authority to transact all business actions required in the
oerfo�mance of the Contract. This local authority shall be
� made responsible to act ior the Contractor in all matters
pertaining ta the wor;c governed by the Contract whether it be
administrative or ot'nerwise and as su�h shall be empowered,
thus delegated ana dir�cted, to settle all m�terial, labor or
other e.xpenditure.s, all claims against the worlc or any other
�
�
C3-3 (7)
,�
�
matter associat2d such as maintaining adequate an3 appropriate
insurance or security coverage f�r the project. Such local
authority for administr�tion of the work under the Cont.ract
sha11 be maintained until aZl busir,ess transaction� executed
as part of the C�ntract are com�letP.
Should the Contractor's princi�al base of operations be other
than in the Fort Worth-Dallas metropolitan area, n�otification
of the Contractor's assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable,
by the Cont.ractor'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 requir.ements is that all matters associated
with the Contracto.r's administration, whether it be oriented
in furthering the work, or other, be g�verned direct by local
authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative
Fail to perform to the satisfaction of Engineer, the Engineer,
at his sole discretion, may demand that such local
representative be replaced and the Engineer may, at his sole
discretion, stop all work until a new local authority
satisfactory to the Engineer is assigned. No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
C3-3.15 VENUE: Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas.
C3-3 (8)
�
�
PAk'.T C - GENERAL CONDI'PIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF �ORK
• C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite
� intention of these Contract nocaments to provide for a
complete, useful project whicY! th� iontractor undertakes to
construct or furnish, all in full compliance with the
� requiremer.ts and inte��c of the Con�`ract Documents. It is
definitely understood that the Contractor shall do all work as
provided for in the Contract Documents, shall do all extra or
I�' soecial work as may be cansidered by th` Uwner as necessary to
, complete the prnject in � satisfactory and acceptable manner.
The Contractar shall, unless otherwise specifically stated in
- these Contract Documents, furri�sh all labor, tools, m�terials,
� machinery, equipment, special services, and incidentals
necessary to the prosecuti.on and completion of the project.
� C4-4.2 SPECIAL PROVISIOP3S: Should �ny work or conditions
which are not thoroughly and satisfactoriZy stigulated 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
Documentsp then "Special Provisions" covering all such work
will be prepared by the Owner previous to the time of
� receiving bids or proposals For such work and furnished to the
Bidder in the form of Addenda. A11 such "Special Provisions"
shall be considered to be a part of th� Contract nocuments
� just as though they were originally wricten therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves
� the right to alter the quantities af the work to be performed
�„ or to extand or shorten the improvements at any tima when and
as f.ound to be necessary, and the Contractor shall perform �he
� work as altered, increas�d or decreased at the unit orices.
Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such i�tem or items.
When such changes incr`asE or decrease the original quantity
�"' of any item or items af work to be done or materials to be
furnished by the 25 nercent or more, then either party to the
contract shall upon written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 Dercent of the original quantity
` stated in the proposal; such revised consideration to be
determined by special agreement or as hereinafter provided fo.r
� "Extra Work." No allowanc� will be made for any changes in
anticipated profits nor shall such changes be considered as
�
C4-4 (1)
�
waiving or. invalid�ting any conc�itions or orovisions of the
Contract Documents,
Variations in quantit.iPs of sanitary sewer oires in depth
categcries, shall b� intervr�ted herein as �pplying to tnz
overal.l quantitiPs or sanitary sewer pipe in each pipe size,
k�ut not to the various de�th categories.
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such ck�anges in tne Contract
Documents and in the character or quantitic�s of the work as
may be necessary or desirable to insure completion in tne most
satisfactory ma.nner, provzd�d such changes do not mat;�rial:ly
alter the original �ontract Documents or chanqe the general
naturP of the project as a whola_. Such changes shall not be
considered as waiving or invalidating a.ny condition or
r�rovision of the Contract Documents.
C4-4.5 EXTRA WORK: Additional work ma3e necessary by changes
and alterations oE the Contract Documents or of quantities or
for other reasons for which no prices are �orovideci in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in ac,:o.rdance with tnese
Contract Documents or approved additions thereto; orovided,
however, that before any extra work is begun a"Change Order"
shall be executed or ��aritten order issued by the Owner to do
the work for payments or credi-�s as shall be determined by one
or more combination of the following m�=_thods:
a.
�
Unit bid price prev.iously approved.
An agre�d lu�n� sum.
c. The actual reasonable cost of (1) labor, (2> rental
of equipment used on the ex�ra work fo.r the time so
used at Assoc.iated %eneral Contractors o.E Am�rzca
current equipment r_ental rates; (3) materials
entering �er�nanently into the projert, �nd (4)
actual cost of ins�i.rancP, bonds, and social
security as detzrmined by tne �wner, plus a fixed
fee to 'oe a�reed uoon Uu� not t� �xceed 10� oE the
actual cost of �uch extra work. The fixed f�e is
not to includ� any ac�dit.ional br.ofit to the
Cont.ractor for rental of �quipment own��3 oy him and
used Fo.r ti�e extra work. The f�e shall bF� f�ill and
c�mplate r_ompensation to cov�r the ch�t oE
sup?rintendence, r�verheafl, ot'ner profit, general
and al.l other e�pensn �iot included in (1), (2),
t3), an�: (4) a'aov?. The Contractor �hall keep
acr.ur�te cost racord5 on the form a�id i�z the method
C4-4 (2)
�
�r
�
suggest�d by tne Owne.r and shall give tize Owner
access to all accounts, bi11s, vouchers, and
r�cords 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
ordered in writing 'oy the Owner_.
L. instructions, either oral o.r written,
to involve Extra Work for which
compensationp he shall make written
� For written orders authorizing such
beginning such work.
�
�
will be allowed unless
In case any ord�rs or
appear to the Contractor
he should receive
request to the Engineer
Extra Work, prior to
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment th�reof, and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and sha11 keep an accurate account of the actual
reasonable cast th�reof as provided under snethod (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 estimatp 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 Ext.ra 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 nr�par� for
� permanent record a corrected set of plans showing the actual
inst�llation.
�,, The compensation agreed upon for 'extra work' whether or not
iniitiated by a'change order' shall be a full, complet� anc�
� final payment Eor all costs Contractor inclirs as a r�sult or
relating to the change or extra work, whether said costs are
known, �anknown, foreseen or unforeseen �t that time, includi�g
without lirnitation, any costs for delay, ext�nde3 overh�ad,
ripple or impact cost, or any other effect on changed or
�.., unchanged work as 3 rAsult or the c�iarlge or ext.ra work.
" C4-4.6 SCHEDULE OF OPERATIONS: Before commenciizg any work
under this contract, the Contractor shall submit to the Ownzr
and receive the Owner's approv�l ther�ot, a"Schedule �f
� OnPrations," showing by a straight lin� method the date �f
commencing and finishing each of the major elements of the
contract. Tiierc� shall b� also shown tn� estimated monthly
cost of work for whic'n estimat�s ara to be expectea. Ther�
�
�4-4 (3)
�
shall be presented also a composi�e graph showing the
antici�ated pragr�ss of construction wit'n the time being
plotted horizontally and the percentagp of com��letion plotted
vertically. The or_o�ress charts shall be prepar�d on 8-1/2" x
11" sheets and �t l��ast five black or blue line prints shall
be furnished to the Owner.
C4-4.7 PROGRESS SCHEDUI,ES FOR WATER AND SEW�R PLANT
FACILITIES: Within ten (10) days prior to submission of
first monthly pr.ogress payment, the ContractoY 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 th� several major
activities (including procurement of materials, nlans, and
equipment) and the contemplated dates for completir_g the
same. The schedule shall be in the f�rm of a time schedule
Critical Path Method �C�M) n�twork diagram. As the work
progresses, the Cantractor shall ent�r on the diagram the
actual progress at the end of each pa.rtial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to refiect any
adjustments in contract time aporoved by the Engineer.
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a;ninimum, the construction schedule shall incorporate
alZ work elements and acti�rities indicated in the proposal
and in the tecnnical specificatio+�s.
Prior to the final drafting oF the detailed constzuction
sched�ale, the Cont.ractor shall .review the draft sch�dule
with the Engineer to ensure the Contractor's understanding
of the contract .requirem�nts.
The followi:�g guidPlines shall be a3Yiered to in preparing
the construction schedule:
a. Milestone dates and final nroject completion
dates shall be d�veloped to conf�rm to time
constrai�ts, sequencing rec�uirements and
completion time.
b. The construction procec� shall be divided into
activities with time durations oi apnroximately
fourt�en (14) days and construction values not to
�xceed $5�,000. Fabrication, d�livery and
submi�t�al •�ctivities ar� exc��tions to this
gui�3eline.
C4-4 (4f
�
�
c, nurations shall be in calendar days �n� normal
holidays an3 weather conditions over the duration
oi the contract shalt be arcount�d for within the
duration of each activity. �
, d. One critical pa�h shall be shown on the
construction schedule.
e. Float time is de.Eined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construc�tion schedule. Float time is not For the
exclusive use or benefit of either the Contractor
or the Own�r.
f. Thirty days shall be used for submittal .review
unless otherwise specified.
The construction schedul� shall as a minimum be divided
into gene.ral categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activitiPs of approximat�ly fourteen (14) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For �ach of the trades or subcontr�cts, the construction
schedule shall indicat� the following procurements,
constructi��n and preacceptance activities and events in
their logical sequence for equipment and mat�rials.
1. Preparation and tr.ansmittal of sub�nittals.
2. Submittal .review oeriods.
3. Shoo fa'�rication and delivery.
4. Erzction or instalt�tion.
�'"
. 5. Transmittal of manufa.:t,�r�r's operati�n and
maintenance instructi�ns.
� 6. Installed equipment and matarials tes�ing.
7. Owner's operator instructiun (if. applicaUle).
� 8. Final inspection.
r�
�
C4-4 (5)
�
9. Operati�nal testing.
10. Final inspection.
If, in the oninion of the Owner, wo.rk accompli.�hed fall�
behind that scheduledr the Contr�ctor shall take such
action as necessary to improve his progress. In addition,
the Owner may require the �ontractor to submiL- a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure com�l�tion
oF the work within the contract time. If the Owner finds
the proposed plan no� acceptable, tie may require the
Cont.ractor to increas` the work force, the cons�ructi�n
plant and equipment, the num'ber of w�rk shifts or the
avertime operations without additiona7. cost to the Owner.
Failure of the Contrac.tor_ to comply with these r�quirements
shall be considered grounds for dete.rmination by tt�e Owner
that the Contractor is failing to prosecute the work wiih
such diligencs �s will insu.re its completion within the
time soecified.
r4-4 (6)
�
�
I�
�
�
�
�
�
�
�'"
�
�
�
�
PART C - GENERAL
C5-5 CONTROL OF
MATERIALS
SECTION C5-5 CONTROL OF WORK AND MATERIALS
CQNDITIONS
WORK AND
C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents. He shall decide all questions which
arise as to the quality and acceptability of materials
furnished, work performed, rate of progress of the work,
overall sequence of 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 or procedures of
construction, or the safety precaution and programs incident
thereto, and he will not be responsible for Contractor's
failure to perform the worls 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.�
C5-5.2 CONFORMZTY WITH PLANS: The finished project in all
cases shall conform with lines, grades, cross-sections,
finish, and dimensions shown on the plans or any other
requirements 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 Owner by
Change Order.
C5-5 (1)
C5-5.3 COORDINATtO� �� CONTRACT DOCLIM�NTS: The Contract
Documents are mad.e up of several sections, which, taken
together, are intended to describe and prov�.de fo� a co�nplete
and usefui project, and any requirements appearing in one of
the sections is as binding as though it occurred in a11
sections. In case of discrepancies, figured dim�ns.ion shall
govern over scal�d dimensior,s, plans shall govern over
specifications, special conditions shall govern r�ver general
conditions a.nd standard specifications, and quantities shown
on the plans shall gocern over those shown in the proposal.
The Contractor shall not take advantage of any apparznt error
or omissi.on in the Contract Documents, and the O�aner shall be
permitted to make such corrections or interpretati�ns as may
be deemed necessary for the fulfil.Iment of the intent of the
Contract Documents. In the event t��e 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, specif.ications, or other portions of
the Contract Documents which were not reported prior to the
award of C.ontract, the Contractor shall be deemed to have
quoted the most exp�nsive resolution of the con.flict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shaZl give to the w�rk 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 shall a't all times have competent personnel
availabie to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent, English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor's agent on the work. Such
superintend�nt and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill inst.ructions fro.m the Owner, the Engineer, or his
authorized re�resentatives. Pursuant to this responsibility
of the Contractor, the Cantractor shall designate in writing
to the project superintendent, to act as the iontractor's
agent on the work. Such assistant project superintendent
shall be a resident o£ 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 cietermines that circumstances require thP presence on
the project site of a representative of the Coritractor to
CS-5 (2)
�
� �r
� adequat�ly provide for the safety or convenience of the
traveling public or the owner�s of property across which the
project extends or the safety of property contiguous to the
� project routing.
� The Contractor shal.l provide all facilities to enable the
Engineer and his inspector to Axamine and inspect the
workmanshi� and materials ent�r.ing into the work.
�
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the
� opinion of the Owner or �nginee.r, a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated renresentative, 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.
� Sh�uld 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 notic+e that such work or changes are to be
� performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
� written request, or does not show just cause for not taking
the proper action, within 24 hours, the City may take such
remedial action with City forces or by contract. The City
''"' shall then deduct an amount equal to the entire costs for such
. remedial action, plus 25�, from any funds due the Contractor
on the project.
� C5-5.6 FIELD OFFICE: The Contractor shall provide, at no
extra compensation, an adequate field office for use of the
Engineer, if speciEically called For. The field office shall
� be not less than 10 by 14 feet in floor area, substantially
constructed,, well heated, air conditioned, lighted, and
weather-proof, so that documents will not be damaged by the
�"' elements.
C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer,
will furnish the �ontractor with all lines, grades, and
measurements necessary to the proper prosecution and contr�l
of the work contracted for under these Contract Documents, and
lines, grades and measurernents wi.l1 be established by means of
stakes or other rustomary method of marking as may be found
consistent with good practice.
�
�
C5-5 (3)
4
Th.ese stak�s or markings shall be set sufficiently in advance
of construction operations �o avoid delay. Such stakes or
markings as may be established for the Contractor's use or
guidance shall be preserved by the Lontractor until he is
authorized by the Engineer to remove them. Wh�nev�r, in the
opinion of the Enginezr, any stakes or mar�ings hav� been
careles�ly or willfully destroyed, disturbed� or removed by
the Contractor o.r any af his employees, the full uost of
replacing such stakes or marks plus 25$ will be �harged
against the Contractor, and the full amount will be deducted
from pQyment due the Contractar.
C5-5.8 AUTHORITY AND DUTIES OF CITY ZNSPECTORS: City
Inspectors will be auttiorized to inspect all w�rk done and to
be done and all materials fu�nished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the mat�ri�ls to b� usea or equipment to be
installed. A City Inspector may be stationed on the work to
rep�ort to the Engineer as to the p�ogress of the wor.k and the
manner in which it is being performed, to report any evidence
that the material.s beir�g furnished o.r the work being perfarmed
by the Contractor fails to fulfill. the requirements of the
Contract Documents, a�d to call the attention of the
Cnntractor to any such failure or other infringements. Such
in�pection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents.
In case �f any dispute arising between tYie 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 reject materia]_s or �quipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer. The City Inspector will not,
however, be authorize3 to revoke, alte.r, enlarge, or release
any requirement �f thesi Contzact Documents, nor to approve or
accept any portion or section of the work, nor to issue any
instructions contrary to the requirements of the Contract
Documents. He will i� no casA act as super�.ntendent or
fareman or,perform any other duties f�r the Contracto.r, or
interfere with the management or operation of the work. He
will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard
and obey the directions ��r�d instructions of the City Inspector
or Engineer when the same are consistent witl� the obligations
of the Contract Docurnents, nrovided, however, should the
Contractor object to any �rders or instructions of the City
Inspector, the Contractor may wi�hin six days mare written
app2al to the Engineer for his decision on the matter in
controversy.
C5-5 (4)
�
�
�j, C5-5.9 INSPECTION: The C�ntractor shall furnish the Engineer
L• with every reasonable facility for ascer_taining whether or not
the work as performed is in accordance with the requirements
�"" of the Contract Documents. If� the Ezigineer so requests, i:he
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 t'rie standard required by the
Contract Documents.
� Should the work exposed or examined prove acceptable, the
uncovering or reznoving and replaciny of the covering or making
good of the parts removed shall be paid for as extra work, but
�! should be work so exQosed or examined prove to be
, unacceptable, the uncovering or. removing and the replacing of
a11 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.
�
�
CS-5.10 REMOVAL OF DEFECTIVE AND UNATJTHORIZED WOHK: All work,
materials, or equipment which has been rejected shall be
remedied or rem�ved 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 provisior.s of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and reQlaced and unautizorized work to be removed, and the cost
thereof may be deducted fr�m any money due or to become due to
the Contractor. Failure to require the removal of any
defective or unauthorized work shall not constitute acceptance
of such works.
�" C5-5.11 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 equipm�nt speci.fied, and if Cont.ractor wishes to
furnish or use a proposed substitute, he shall, orior to the
preconstruction conFerence, maice writt�n application to
� ENGIivEER for approval of sucll substitute certifying in writing
that the proposed substitute will oerForm adequately the
functions called f�r by th� general design, be similar and of
� equal substance to that speciEied and be suited to the same
_ use and capable of performing the same function as that
specified; and identifying all variations of tne proposed
�
�
C5-5 (5)
substitute from that specified and indicating available
maintenance service. No substitute shall be ordered o.r
installed without the written,approval cf Engineer who will be
the judge of the equality and may require Contractor to
furnish such other data about the proposed substitute as he
considers pertinent. No substitute shall be ordered or
installed without such performance guarantee and bonds as
Owner may require which shall be furnished at Contractor's
expense. Contractor shall indemnify and hold harmless Owner
and Engineer and anyone directly or indirectly employed by
either of them from and agaiilst the claims, damages, losses
and expenses (including atto.rneys fees) arising out of the use
of substituted materials or equipment.
C5-5.12 SAMPLES AND TESTS OR MATERIALS: Wher�, 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
be in no way relieve the Cantractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of
materials, unless otherwise spe�ified, will be madP in
accordance with the latest methods prescribed by the American
Society for Testing MatQrials 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 materials represented by the samples until
tests have been made and the materials approved for use. The
Contractor will furnish adequate samples without charge to the
Owner.
In case of concrete, the aggregates, design minimum, and the
mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Cont�ctor
shall be responsiblP 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 aqgregate, 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
used in the constr.uction operation shall be store
insure the preservation of the quality and fitness of
When directed by the Enginee.r, thQy shall b� placed
platforms or other har3, clean durable surfaces and
C5-5 (6)
are to be "
d so as to �
the work. �
on wooden _
not on the
�
�
�r
�
ground, and shall be placed under c�ver when directed. Stored
ma�erials shall be plac�d 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 loca�ions on tl-;e 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 mairis, 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 aIl
� such structures and utilities on the pZans or to show them in
their exact location. It is m�atually agreed that such failure
� will not be considered sufficient basis for claims for
� additional compensation f.or Extra Work or for increasing the
pay quantities in ar.y manner wratsoever, unless an abstruction
�w" encountered is such as to necessitate ch�nges in the lines and
grades of considerable magnitude or requires the building of
special works, provi�ion for which is not made in the Contract
Documents, in which case the provision in these Contract
Uocuments for Extra Work shall apply.
�
Ca�
�
It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advanr_e 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 flrder to orotect all existing
utilities, structures and service lines. Verification of
existing utilities, structures and service lines shall include
notification of all u�ility companies at least forty eight
t48) hours in advance of construction including exploratory
excavation if necessary. All verification of existing
utilities and their adjustment shall be considered as
subsidiary work.
C5-5.15 INTERRUPTION OF SERVICE:
�"' a. Normal Prosecution: In the normal prosectui�n of
work where the int�.rruption of service is necessary,
the Contractor, at least 24 hours in advance, shall
� be r�quir�d to:
�' 1. iJotify the Watzr Department's Distribution
� Division as to location, time, and schedule of
service interruption,
�
� C5-5 (7)
2. Notify each customer personally through
responsible personnel as to time and schedule
of the interruption of their service, or
3. In the event that personal notification of a
customer cannot be made, a prepared tag form
shall be attached to the customer's entrance
door knob. The tag shall be durable in
composition, and in large bold type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of and .
This inconvenience will be as
shortc as possible.
Thank you,
Contractor
Address
Phone
b. Emergency: In the event that an unforeseen service
interruption occurs, notice shall be as above,but
immediate.
C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through
acts or neglect on the part oF the Contractor, any other
Contractor or any sub-contractor shall suf£er loss or damage
on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor, who
shall indemnify and save harmless the Owner against any such
claim.
C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer. Twenty-fours fours aFter
written notice is given to the Contractor that the clean-up on
the job sit�a is Qroceeding in a manner unsatis.factory to tne
Engineer, if the Contractor fails to correr_t the
C5-5 (8)
�
�
� unsatisfactory procedure, the City may take such direct action
as the Engineer deems anpropriate to correct the clean-up
deficiencies cited to the Contractor in the written notice,
� and the costs of such direct action, plus 25� of such costs,
y shall be deducted from monies due or to become due to the
Contractor.
Upon the completion of the project as a whole as covered by
� these Contract Documents, and before final acceptance and
final payment will be made, the Contractor shall clean and
remove from the site of the project all surplus and discarded
materials, temporary structures, and debris of every kind. He
shall leave the site of all work in a neat and orderly
�^ condition equal to that which originally existed. Surplus and
waste materials removed from the site of the work shall be
� disposed of at locations satisfactory to the Engineer. The
_., Contractor shall thoroughly clean all equipment and materials
installed by him and shall deliver over such materials and
�"J equipment in a bright, clean, poZished and new a
ppearing
condition. No extra compensation will be made to the
�'" Contractor for any clean-up required on the project,
C5-5.18 FINAL INSPECTION: Whenever the work provided for in
� and contemplated under the Contract Documents has been
satisfactorily completed and final cleanup performed, the
` Engineer will notify the proper officials of the Owner and
_, request that the Final inspection be ma3e. Such inspection
will be made within 10 days after such notificatian. After
� sach final inspection, if the work and mat�.rials and equipment
are found satisfactory, the Contractor will be notified in
� writing af the acceptance of the same after the proper
resolution has been passed by the City Council. No time
charge will be made against the Contractor between said date
of notification of the Engineer and the date of final
,� inspection of the work.
LJ
�
�
�
C5-5 (9)
�
�
�
PART C - GENERAL CONDITIONS
�b-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
�
�
�
SECTION C6-fi LEGAL RELATIOIJS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times
observe and comply with all Federal and State Laws and City
ordinances and regulations which in any way a£fect the conduct
of the work or his operations, and shall observe and comply
with all orders, laws, ordinances and regulations which axist
or which may be enacted later by bodies izaving jurisdiction or
authority for such enactr�ent. No plea of misunderstanding or
ignorance thereof will be considered. The Cantractor and his
Sureties shall indemnify and save harmless the City and all of
its officers, agents, and employees against any and a1.1 claims
or liability arising from or based on the vi.olation of any
such law, ordinance, regulation, or order., whether it be by
himself or his employees.
C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all
permits and licenses, pay all charges, costs and fees, and
give all notices necessary and incident to the due and lawful
prosecution of the work.
C6-6.3 PATENTED DEVICES MATERIALS AND PROCESSES: If the
� Contractor is required or �esires to use any design, device,
material, or process covered by letter, patent, or copyright,
he shall provide for such use by suitable legal agreement with
� the patentee or owner af such patent, letter, or copyrighted
design. It is mutually agreed and understood that without
� exception the contract prices shall include all royalties or
cost arising from patents, trade-marlts, and copy rights in any
way involved in the work. The Contractor and his sureties
�„ shall indemnify and save harmless the Owner from any and all
claims for infringem.ent by reason of the use of any such
� patented design, device, material or�process, or any
trade-mark or copy right in connection with the wark agreed to
be performed under these Contract Documents, and shall
indemnify the Owner for any cost, expense, or damage which it
�` may be obliged to pay by reason of such infringement at any
time during the prosecution of the work or after completion of
the work, provided, however, that the Owner will assume the
responsibility to defend any and all suits brought for the
� infringement of any patent claimed to be i.nfringed upon by the
design, type of construction or material or equipment
specified in the Contract Documents furnished the Contractor
� by the Owner, and to hold the Contractor harmless on account
of such suits.
�
C6-6 (1)
�
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish
and enforce among his employees such regulatians in regard to
cleanliness and disposal of garbage and waste as will tend to
prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creat�on of a nuisance
about the work on any property either public or private, and
such regulations as are required by Law shall be put into
immediate force and effect by the Contractor. The necessary
sanitary conveniences for use of laborers on the work,
properly secluded fr�m public observation, shall be
constructed and maintained by the Contractor and their use
shall be strictly enforced by the Contractor. All such
facilities shall be kept in a clean and sanitary condition,
free from objectionable odors so as not to cause a nuisance.
All sanitary Zaws and regulations of the State oF Texas and
the City shall be strictly complied with.
C6-6.5 PUBLIC SAFETY �ND CONVENIENCE: Alaterials or equipment
stored about the work shall be so placed and used, and the
work shall at all times be so conducted, as to cause no
greater obstruction or inconvenience to the public than is
considered to be absolutely necessary by the Engineer. The
Contractor is required to maintain at all times all phases of
his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe
and conve�ient ingress and egress to property contiguous to
the work area. The Contractor shall make adequate provisions
to render reasanable ingress and egress for normal vehicular
traffic, except during actual trenching or pipe installation
operations, at all driveway crossings. Such provisions may
include bridqing, placement of crushed stone or gr�vel or such
other means of providing proper ingress and egr_ess for the
property served by the driveway as the Engineer may approve as
appropriate. Such other means may include the diversion of
driveway traffic, with specific approval by the Engineer. If
diversion of traffic is approved by the Engineer at any
location, the Contractor shall make arrangements satisfactory
to the Engineer at any location, the Contractor shall make
arrangements satisfactory to the Engineer for the diversion of
traffic, and shall, at his own expense, provide all materials
and perform all work necessary For the construction and
maintenance of roadways and bridges for such diversion of
traffic. Sidewalks must not be obstructed except by special
permission of the Engineer.
The materials excavated and the construction materials such as
pipe used in the construction of the w�rk sh�ll 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,
C6-6 (2)
L�
�
gas valves, or manhoJes in the vicinity. The Owner reserves
the right to remedy any r�eglect on the part of the Contractor
as regards to public convenience and safety which may come to
its attention, after twenty-four 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
case, 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, Tr.affic Engineer, and Police
Department, when any street or a11ey is requested to be closed
or obstructed or any fire hydrant i� to be made inaccessible,
and, when so dirnc�ed 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 place�i 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 construction 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 payrnent wzll be made by the Owner in
settlement of such claims. The Contractor shall file with the
Engineer a written statement showing all such claims adjusted.
�; C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND
RIGHT-OF-WAY: For the performance of_ the contract, the
Contractor will be permitted to use and occupy such portions
� of the public streets and alleys, or other public places or
other rights-of-way as provided for in the ordinances of the
�, City, as shown in the Contract Documents, or as may be
specifically authorized in writing by the Engiizeer. A
� reasonable amour�t of tools, materials, and equipment for
construction purposes may be stored in such space, but no more
" than is necessary to avoid delay in the construction
�, operations. Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with the use of
� spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
If the street is occupied by railway tracks, the work shall be
�
C6-6 (3)
�
carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other
contractors of the Owner may, for all purposes required by the
contract, enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and
assistance for the completion of adjoining work. Any
additional grounds desired by the Contractor for his use shall
be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: Wlien the work encroaches upon any
right-of-way of any railway, the City will secure the
necessary easement f�r the work� Where the railway tracks are
to be crossed, the Contractor shall observe all the
regulations and instructions of the railway company as to the
methods of performing the work and take all precautions for
safety of property and the public. Negotiations with the
railway companies for permits shall bP done by and through the
City. The Contractor shall give the City notice not less than
five days prior to the time of his intentions to begin work on
that portion of the project which is related to the railway
properties. The Contractor will not be given extra or
additional compensation for such railway crossings unless
specifically set forth in the Contract Documents.
C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street, alley, or public
place, the Contractor shall at his own expense furnish, erect,
and maintain such barricades, fences, lights and danger
signals, shall provide such watchmen, and shall take all such
other precautionary measures for the protection of persons or
property and of the work as are necessary. Barricades and
fences shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish
and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected
and maintained to keep pedestrians away from, and vehicles
from being driven on or into, any work under construction or
being maintained. The Contractor shall furnish watchmen and
keep them at their respective assignments in sufficient
numbers to protect the work and prevent accident or damage.
All installations and procedures shall be consistent with the
provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways", codified as Article 6701d Veron's Civil
Statutes, pertinent sections being Section Nos. 27, 29, 30 and
31.
C6-6 (4)
�
�
� The Contracto� will. not remove any regulatory sign,
instruczional sign, street x�am� sign, or other sign whi.ch has
been erected by the City. Zf it i� determine3 that a sign
must be rernoved to perrni� required construction, the
� Contractor shall contact the Transportation and Public Works
department, Signs and Markings Division (phone number
8780-8075), to remove the sign. Tn the case of regulato.ry
� signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the abave
referenced manual and such temporary �ign must be instal�.ed
prior to �thE removal o£ the perrnanent sign. If the teniporary
sign is not installed correctly or if it does nat meet the
required specificatians, the permanent sign shal.l be left in
�- place until the temporary sign requirem�nts are met. When
construction work is completed to the extent that the
pernnanent sign can be re-installEd� the Contractor shall again
contact the Signs and Markings Division to re-install the
permanent sign and shall le�ve his temporary sign in place
�» until such re-installation is completed.
� The Contractor will be held responsible for a1.1 damage to the
work or the public due to failure of barricades, signs,
fences, lights, or watchmen to protect them. Whenev�r
�, evidence is found of such damage to the work the Engineer may
order the damaged portion immediately removed and replaced by
° the Contractor at the Contractor's own expense. The
Contractor's responsibility for the maintenance of barricades,
signs, fences and lights, and for providing watchmen shall not
� cease until the project shall have been completed and accepted
by the Owner.
�
r No compensation, except as specificalZy provided in these
Contract Documents, will be paid to the Contractor for the
. work and materials involved in the constructing, providing,
� and maintaining of barricades, signsr fences, and lights or
for salaries of watchmen, for the subsequent removal and
disposal of such barricades, signs, or for any other
� inr.identals necessary for the proper protection, safety, and
convenience of the public during the contract period, as this
work is considered to be subsidiary to the several items for
rR which unit or lump sum prices are requested in the Proposal.
� C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the
Contract�r elect to use explosives, drop weight, etc., in the
� prosecutian of the work, the utmost care shall be exercised at
all times so as not to endanger life or property. The
Contractor shall notify the proper representative of any
� public service corporation, any company, individual, or
utilit�y, and the Owner, not less than twenty-four hours in
�
C6-6 (5)
i�
advar.ce of the use of any activity which might damage or
endanger their or his property along or adjacent to the work.
Where the use of explosives is to be permitted on the project,
as specified in the Special Contract Documents, or the use of
explosives is requested, the Cor,tractor shall submit notice to
the Engineer in writing twenty-four hours prior to commencing
and shall furnish evidence that he nas insuran�e 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 sha�l proceed to g�ve notice
to the Contractor of any such claim. The use of explosives
rnay be suspended by the EnginPer 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 manne.r 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 wark area considered necessary by the
Contractor shall be provided by him at his own expense. Such
additional rights-of-way or work area shall be acquired for
the benefit of the City. The City shall be notified in
writing as to the rights so acquired before work begins in the
affected area. The Contractor shall not enter upon private
property for any purpose without having previously obtained
permission from the owner of such property. The Contractor
will not be allowed to store equipment or material on private
property unless and until the specified approval of the
property owner has been secured in writing by the Contractor
and a copy furnished to the Engineer. Unless snecifically
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 przservation of and shall use
C6-6 (6D
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evexy precaution to prev�nt damagz to all trees, shrubbery,
plants, lawns, fences, culverts, curhing, and a17. other types
of structures or improvements, to all water, sewer, and gas
� lines, to all conduits, overhead pole lines, or appurt�nances
• thereo£, including the construction of temporary fences, and
to all other public or private property along adjacent to the
work.
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The Contractor shall notify the proper representatives of
� owners or occupants of public or private lands or interest in
lands wh ich might be af f ected by �he wor;t. 5uch 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 affected by th� 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 or inju��� is done to
public or private property on account of any act, omission,
neglect, or misconduct in the execution of the �ork, or in
consequence of the non-execution thereof on th� L�art of the
Contracto.r, he shall restore or have restored at r�is own cost
and expense such property to a condition at le���c equal to
that existing before such damage or injury ��s done, by
repairing, rebuilding, or otherwi�e replacing and r�storing as
may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the awner of the
property and the Engineer.
Al1 fences encountered and removed during construction of
fr� this project shall be restored to the original or a better
than ori�inal condition upon completion of this p.roject.
� When wire fencing, Pither wire mesh or barbed wire is to be
crossed, the Cont.ractor shall set cross braced posts on
either side of permanent easement before the fence is cut.
�,. Should additional fence cuts be necessary, the Contractor
shall provide cross braced posts at point of the proposed
cut in addition to the cross braced posts provided at the
permanent easements limits, before the fence is cut.
�„ Temporary fencing shall be erected in pl�ce of the fencing
removed wheneve.r 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 oroject
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C5-6 (7)
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proposal. Therefore, no separate payment shall be allowed
for any service associated with this wo.r�.
In case of failure on the par� of th� 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, rebuild, or otherwise restore such
property as may be determined by the Owner to be necessary,
and the cost thereby will be deducted from any rnonies due or
to become due to the Contractor under this Contract.
C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agr2ed
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 exclusive control of and the exclusive
right to control the details of all the work and services
performed hereunder, and aIl persons performing s�me, and
shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between Owner and
Contractor, its officers, agents, employees, contractors and
subcontractars, and nothing herein shall be construed as
creating a partnership or joint enterprise between Owne.r and
Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and ag.rees to, and does hereby indemnify,
hold harmless and defend Owner, its oEficers, agents,
servants, and employees from and ag3inst any an all claims or
suits for property damag� or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real o.r asserted, arising out of or in
connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents,
empl�yees, 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 an� invitees
of the Owner; and said Contractor does hereby covenant and
agree to assume all Ziability 3nd responsibility of �wner, its
officers agents, servants and emnloyees �or property damage or
loss, and/or personal injuri�s, includi�g death, to any and
all persons of whatsoever kind or charactz.r, wh�ther real o.r
asserted, arising out of or in connection with, directly or
indirectly, the work and services ta 'oe perFor�ed hereunder by
Contractor, its officers, agents employe�s, rontractors,
subcontractors, licensees and invitees, whether or not caused,
C6-6 (8>
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in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors,
licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold
harmless Owner from and against any and all injuries,loss or
damages to property of the Owner during the performance of any
of 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 for 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 Director of the Water Deoartment, as evidenced by a
final inspection, final payment to the Contractor shall not be
recommended by the Director of the Water Department for a
period of 30 days after the date of such final inspection,
unless the Contractor shall submit written evidence
satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
If the claim concerned remains unsettled as of the expiration
�' of the above 30-day period, the Contractor may be deemed to be
, entitled to a semi-final payment for work completed, such
semi-final payment to be in an amount equal to the total
dollar amount then due less the dollar value of any written
�„ claims pending against the Contractor arising out of the
performance of such work, and such semi-final payment may then
� be recammended by the Director.
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The Director shall not recommend final payment to a Contractor
against whom such a claim for damages is outstanding for a
period of six months following the date of the acceptance of
the work performed unless the Contractor submits evidence in
writing satisfactory to the Director that:
l. The claim has been settled and a release has been
obtained from the claimant involved, or
2. Good faith efforts hav� been made to settle such
outstanding claims, and such good faith efforts
have failed.
,w„, If condition (1) above is met at any time within the six month
period, the Director shall recommend that the final payment to
�I the Contractor be made. If condition (2} above is met at any
time within the six month period, the Director may recommend
that the final payment to the Contractor be made. At the
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� C6-6 (9)
expiration of the six n�onth �eriod the Director may recommend
that final payment be made if. all ather work has been
performed and all other obligations of the Contractor have
been met to the satisfaction of the Director.
The Director may, if he deems it appropriate, retuse to accept
bids on other Watzr Departrnen�t Contrac� w�rk 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 CLAI�I FOK DAMAGES: Should the Contractor
claim compensation for any a�legee� damaqe by reason of the
acts or omissions of the OwnPr, he shall withir 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 damar�e, and on or before ��ie 25th day of
the month succeeding that in whicY� any such damage is claimed
to have been sustained, the Contractor shall file with the
Engineer an itemized statement of the details and amount of
such alleged damage and, upon request, shall give the Engineer
access to all books oP account, receipts, vouchers, bills of
lading, and other books nr papers containing any evidence as
to the amount of such alleged damage. Unless such statements
shall be filed as hereinabove required, the Contractor's claim
for compensation shall be waived, and he shall not k�e entitled
to payment on account of such damages.
C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES� ETC.:
In case it is necessary to change, move, 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 cantract.
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing
sewer lines have to be taken up o.r 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 Contractar shall also take care of all
sewage and drainage which will be received from these drains
and sPwers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping
facilitiPs and temporary outlets or div�rsions.
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
C6-6 (10)
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� received from these tzmporary connections until such times as
the per_manent 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
"-' construction will be adequately protected.
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C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
� CITY: When the Contractor desires to use City water in
connection with any construction work, he shall make complete
and satisfactory arrangements with the Fort Worth City Water
� Department for so doing.
- City water furnished to the Contractor shall be delivered to
the Contractor from a connection on an existing City main.
� Al1 piping required beyond the point of delivery shall be
� installed by the Contractor at his own expense.
� The Contractor's responsibility in the use of all existing
fire hydrant and/or valves is detailed in Section E2-1.2 USE
"` OF FIRE HYDRANTS AND VALVES in these General Contract
Documents.
� When meters are used to measure the water, the charges, if
any, for water will be at the regular established rates. When
� meters are not used, the charges, if any, wi11 be as
prescribed by the City Ordinance, or where no ordinance
applies, payment shall be made on estimates and rates
� established by the Director of the Fort Worth Water
Department.
C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in
the opinion of the Engineer, any section or portion of the
� work or any structure is in suitable condition, it may be put
into use upon the written order of the Engineer, and such
� usage shall not be held to be in any way an acceptance of said
work or structure or any part thereof or as a waive.r of any of
the provisions of these Contract Documents. Al1 necessary
,�, repairs and removals of any section of the work so put into
use, due to defective materials or workmanship, equipment, or
to deficient operations on the part of the Contractor, shall
be performed by the Contractor at his own expense.
ir. C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until
written acceptance by the Owner as provided for in these
� Contract Documents, the work shall be under the charge and
care of the Contractor, and he shall take every necessary
precaution to prevent injury or damage to the work or any part
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C6-6 (11)
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thereof by ar.tior_ of �he elem.ents or from any cause
whatsoever, whether arising f.rom the execution or nonexecutior.
of the work. The Contractor_shall rebuild, repair, rest�re,
and make good at his own expense all inj�lries or 3ama_qe to any
portion of the w�rk occasioned by any of �he hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHT�: Inspectic�n by the Engineer
or any order by the Owner }�y payment of money or any payment
f�r or acceptance of any work, or any extension of time, or
any possession taken k�y the City sha.11 not operate as a waiver
of any provision of the Contzact Documen�s. Any wai��er of any
breach or Contract shall nnt be held to be a waiver of any
other or subsequent breach.
The Owner reserves the rigY�t to correct any error that may be
discovered in any estimate that may have been paid and to
adjust the same to mePt the requirements of the Contract
Documents.
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying
out the provisions o.f these Contract Documents or in
exercising any power of authori�y granted thereunder, there
shall be no liability upon the authori�ed representatives of
the Owner, either personally or otherwise as they are agents
and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of
Fort Worth, an organization which qualifies fo.r exemption
pu�suant 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 materi�ls, supplies and equip�nent
used or consumed in t?�e performance of this contract by
issuing to his supplier an ex�mption certificate in lieu oP
the tax, said exemption certificate to comply with State
Comptroller's Ruling .007. Any such exemption certiFicate
issued by the Cont.ractor in lieu of thP tax shall be subject
to and shall compZy with the provisions oP 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 qy a developer for the construction of a
publicly-owned im�rovement in a street right-of-way or other
easement which haa been dedicated to tne public and the City
of Fort Worth, an organization which qualifies Eor exemption
pursuant to th� provisions of Article 20.04 (H) of the Texas
limite3 Sal�s, Fxcise, and Use Tax Act, ttie Contract�r can
probably be ex�mptf�d in the same manner stated abov�.
i6-5 (12)
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Limited Sale, Fxcise and Use Tax permits and information can
be obtained from:
� Comptroller of Public Accounts
Sale Tax Division
' Capitol Station
Austin, TX
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C6-6 (13)
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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 workman under his
immediate superintendance, 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. Al1 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 as to
�"' character and competency. The Owner will not recognize any
subcontractor on the work. The Contractor sha1Z at all times,
�, when the work is in operation, be represented either in person
� or by a superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not
� assign, transfer, sublet, convey, or otherwise dispose of the
contract or his rights, title, or interest in or to the same
� or any part thereof without the previous consent of the Owner
expressed by resolution of the City Council and concurred in
by the Sureties.
F" If the Contractor does, without such previous consent, assign,
. transfer, sublet, convey, br otherwise dispose of the contract
or his right, title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or
� corporation, or does by bankruptcy, voluntary or involuntary,
or by assignment under the insolvency laws of any state,
attempt to dispose of the contract may, at the option of the
�� Owner be revoked and annulled, unless the Sureties shall
��� successfully complete said contract, and in the event of any
such revocation or annulment, any monies due or to become due
� under or by virtue of said contract shall be retained by the
, Owner as liquidated damages for the reason that it would be
impracticable and extremely difficult to fix the actual
damages.
� C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any
construction operation, the Contractor shall submit to the
�� Engineer in five or more copies, if requested by the Engineer,
a progress schedule preferably in chart or diagram form, or a
brief outlining in detail and step by step the manner of
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C7-7 (1)
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 under
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 seguence requested of all construction operations shall be
at all times as specified in the Special Contract Documents.
Any deviation from scuh 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 'oe conducted by the Contractor so as to
create a minimum amount of inconvenience to the public. At
any time when, in the judgment of the Engineer, the Contractor
has obstructed or closed or is carrying on operations in a
portion of a street or public 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 OF WORKMEN AND EQUIPMENT: Local labor shall
be used by the Contractor is available, �The Contractor may
bring in from outside the City of Fort Worth his key men and
his superintendent. A11 other workmen, including equipment
operators, may be imported �nly after the local supply is
exhausted. The Contractor shall employ anly such
superintendents, foremen, and wor'�men wh� ar� carzful,
competent, and fully qualiFied to n�rforra t'ne duties or tasks
assigned to them, �nd the Engineer may dernaad and secure the
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of
the Owner, shall misconduct himself or bp £ound to b�
incompetent, disrespectful, intern�eratz, dishonest, or
C7-7 (2)
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� otherwise objectionable or neglectEul in the proper
performance of his or their duties, or who neglects or refuses
to comply with or carry out �he 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 assa.gned duties.
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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. Al1 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 �f the work shall be such
that no injury to the work, workmen or adjacent property will
result from its use.
C7-7.6 WORK SCHEDULE: Elapse3 working days shall be computed
starting with the first day of work completed as defined i�n
C1-1.23 "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 w�rking on Saturday, Sunday or
Legal Holidays, providing that the fo]_lowing requirements are
met:
a. A request to work on a specific
Legal Holiday must be made to th�
than the proceeding Thursday.
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Saturday, Sunday or
Engineer no later
b. Any work to 'oe done on the project on such a
specific jaturday, Sunday or Legal Holiday must be,
in the opinion of the Engineer, essential to the
timeZy completion of the project.
� The Engineer's decision shalt be final in response to such a
� request for approval to work on a specific �aturday, Sunday or
Legal Holiday, and no extra com�ensation shall be allowed to
"' the Contractor For any work perEormed on such a specific
�,,, Saturday, Sunday or Legal �301 iday.
Calendar Days shall be defined in C1-1.24 and the Contracto.r
may work as he so desires.
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C7-7 (3)
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C7-7.7 TIME OF COMMENCEMENT AND CUNiPLETION: The Contractor
shall commence tt:e wor',ting apGrations within the timP
specified in the Contract Dacuments and set for.ih in the Work
Orde.r. Failure to do so sh�ll�be considered by the Owner as
abandonment ot the Contract by the Contractor and the Owner
may proceed as he sees fit.
The Contractor shall mainicain a rate oi pragress such as will
insure that the whole work will be perf_o.cm�d and the premises
cleaned up in accordance with th� Contract Documents and
within the time estabZisY:�d in such documents and such
extension of time as may be properly authorized by trre Owner.
C7-7.8 EXTENSION UF TIME COMPL•ETION: ThP Contractor's rec�uest
for an extensio� af time ef com�lnt.ion shall be considered
only when the request for such extension is �ubmitted in
writing to the Engineer wi.thin seven d� ys from and aft�r the
time alleged cau�e of delay shall have occurred. Should an
extension of. the time af complet�.or. be requester� such request
will be for_warded to the Ci1:y Council for approval .
In adjusting the contract �ime tor completion of work,
consideration will be given to unforseeable 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, flaod, to.rnac�oes, epidemics,
quarantin� restrictions, strikes, freight embargoes, or delays
of sub-contractors due to such causes.
When the dat� �i completion is �ased on a calendar day bid, a
request for extensi.on of time because af incl�men� weather
will not be consider�d. A request for extension of time due
to inability to obtain supplies and materials will be
considered only wh;en a raview of th� Contractor's purchase
order dates and other per'�inent data �s requested by the
Erigineez indicatPs that the Cont.ractar has �r►ade a bonafide
attempt to secure deliv�ry on schedule. This shall include
efforts to obtain t'ne supplies and materials from alternate
sources in case the first source cannot malce delivery.
Tf satisfactory e.x�cution anc] completion of the contract
should require wor�c and materi�ts in greater amoux�ts o.r
quantities than those set forth in the aporoved Contract
Documents, then the contract ti.mP rna� b� in�:r��sed by Change
Order.
C7-7.9 DELAYS: The Contr3c�tor sha11 r�ceive no com�ensation
Eor delays or ;Zindrances to ttle work, except when 3irect and
unavoidai�le extra cost to the Corztr3ctor is caused by th�
failure of the City to pray.id<� information ar mat?rial, if
C7-7 (�)
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� any, which is to be furnished by the City. When such extra
compensation is claimed a w.ritten statement thereof shall be
presented by the �ontractor to the Engineer and if by him
� found correct shall be approved and reFe.rred by him to the
Council for final approval or disapproval; and the action
" thereon by the Council shall b� final and binding. If delay
.. is caused by specific orders given by the Engineers to stop
work, or by the performance o.E 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 sh�ll however be sub'ect to the a
, , � pproval of the
City Council; and no such extension of time shall release the
� C�ntractor or the surety on his periormance 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 fu11y complete this contract or the time of completion will
b� specified by the �ity in the Pronosal section of the
contract documents.
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The number of days
the time required to
contract being bid
successful bidder
completion specified
that any work shall
ied in the Contr3c-t
ed by the Owner, o
1 work or materials
he sum per day given
rwise specified in o
will be deducted fr
penalty, but as li
suffered by the Owner.
indicated shall be a realistic estimate oP
complete the work covered by the specific
upon. The amount of time so stated by the
or the City wi11 become the time o.E
in the Contract nocuments.
For each calendar day
after th2 time speci:E'
increased time grant
increased by additiona
contract is signed, t
schedule, unless othe
Contract Docuiaents,
Contracto.r, not as a
AMOUNT OF CONTRACT
Less than $ 5,400
$ 5,001 to $ 15,000
$ 15,001 to $ 25,000
$ 25,001 to $ 50,000
$ 50,001 t� $ 100,00�
$ 100,001 to $ 500,000
C7-7 (5)
remain uncompl�ted
nocuments, or the
r as atitomatically
ordered after the
in the following
ther parts of the
om monies due the
quidated damages
inclusive $
inclusive $
inclusive $
inclusiv� $
inclusivs $
inclusive $
35.00
45.00
63.00
105.00
154.00
210.00
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$ 500,001 �c
$1,000,001 to
$2,00�,001 and ove.r
$l,OnO,�)00 inclusivA $ 315.00 1
$2,OOQF�00 inclus.iv� $ 420.Q0
$ 630.00
The parties h�reto understand and agree that any harm to the
City cause�3 by the Contractor'� delay in completing the work
hereunder in the time speci.fied by the Contract Documents
would be incapable or v�ry difEicult of accurate estimation,
and t'nat the "Amount of I�iquidated Damages Pe.r Da�", as set
out a'Qove, is a r_easonable forecast of just ccmpensation due
the City for harm caused by any raelay.
C7-7.11 SUSPENSION BY COURT ORDER: The Cc�ntractor shall
suspend operations on such part or parts c�f the wcrk orderec�
by any court, and will nct be e:ititl�d to addi.tional
compensation by virtue oF such court order. Neither will he
be liable to the City in the event the �*ork is suspended by a
Court Order. Neither wi�l the Owne.r be liable to the
Contractor by virtue of any Court Order or action for which
the Owner is not solely respnnsi'oie.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right
to suspend the work �peration wholly or in part for such
period or periods of time as he may deem necessa.ry due to
unsui�able weather conditions or any other unfavorable
conditions which in the opinion of the Owner or Engineer cause
further prosecution of �he work to be unsatisfactory or
detrimental to �che interest o£ the project. During ternporary
suspension of work covered by tnis contract, Por any reason,
the Owner will make no extra payment for stand-by time o£
canstruction equipment and/or const.ruction crews,
If it should become n�c�ssary to suspend work for an
indefinite period, the Contractor shall store all materials in
suc'n manner that they wili not obstruct or impede the public
unnecessari_ly nor became damaged in any way, and 'ne shatl taka
every precaution to przvent dama�e or deterioration of the
work performed; he shall provide suitable drainage about the
work, and erect temnorary structures where necessary.
Should the Contractor not be �bl� to co�nplete a portion of the
project due to c�Lses beyond the �ontrol o.f_ and without th�
fault or negligence of the Contractor as se+� forth in
Paragraph C7-7.8 EXTENSION OF THE 'rIME OF COMPLETION, and
should it be determined by mutual c�nsent of the Con�tractor
and the Engineer that a solution to allow constru��tion to
proceed is not available within a r�asonable period oP time,
ther, the Contractor may be r�imbursed for the cost of moving
his equipmen� off the job and returning �the necessary
equi�ment to the job wh�n it is determi.ned by thE Engineer
C7-7 (6)
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that constraction may b� r�sume�3. Such reimbur5ement shall be
based on �ctual cost to the Contractor of moving the equipment
and no profit wi11 be allowed.
�'' No reimbursement shalt be allowed if_ the equinment is mov�d to
., another construction proj�ct ior the City oF Fort �Vor�}z.
^-� The Contractor s'nall not suspend work without written notice
� from the Engineer and shall �nroceed 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 EYnergency, so declared by the
� Przsident oE the United States or c�ther lawful authority, it
becomes impossible for the �ontractor to obtain all of the
necessary laAor, ma�terials, and equipment for the prosecution
� o.E the work with reasonable continuity for a p?riod of two
months, the Contractor shall within seven days notify the City
in writing; giving a detail�d statement of. tne eFforL-s w'nicn
�, have been made and listing all necessary items of I�bo.r,
materials, and equipment not obtainable. If, after
• investigations, the Owne.r finds that such con3itions existing
and that the inability of the Contractor to Uro�eed is not
attributable in whole or in part to the fa��lt �r neglect of
�, the Contract, then i.f_ �the Owner cannot after reason.able effort
assist the Contractor in procuring and making available the
nec�ssary labor, materials and equipment within tilirty days,
� the Contractor may request the Owner to terminat+� the contract
and the Owner may comply with the request, �nd th•� termination
� shall be conditioned and bas�d upon a E.inal :�ettlement
� mutually ��ceptable to both thz �wner an3 the Contractor anc�
final oayment sllall be made in accordancP with the t�rms oF
t'n� agreed settl�ment, which shall include, but not be limite3
�o, the payment for all work executed but cio anticipated
�, profits on work which has not been performed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT: The work ooera�ions on �11 .�r any portion or
section of the work under Cont.ract s'nall be suspended
immer3iat�ly on written �rder o'� t�e Engineer or the Co,ntra: t
m�y b� d��cl�red cancellPd by t'.ie Ci.ty Counril for any good an3
sufficient cause. T.he follo�aing, ?�y way of ;�xample, 'out not
oE limitation, may be consid�red gr�unds Eor susoPnsi�n or
cancellation:
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�. F�ilure of the Contractor to commence work
oberatians witnin �h� tirne speci.fied in the W�rk
��rder issued by the Owner.
c�7-7 ( 7 )
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b. Substantial c�vidence that progress of the work �
operations by Contractor is insufficient to
complete the work wichin the specified tilyde.
c. Failure of the Contractor to provide and maintain
sufEir_ient labor and equipment to properly execute
the working operations.
d.
e.
Substantial evidence that the Contractor has
abandoned the �sork.
Substantial evidence that the Contractor has become
insolvent or bankrupt, or otherwise financially
unable to carry on the c�ork satisfactorily.
f. Failure on the part of tk�e Contractor to observe
any requir�ments Qf the Contract Documents or to
comply with any o.rders given by the Engineer or
Owner orovided for in these Contract Documents.
g. Fail�i.re of the Contractor promptly to make good any
defect in materials or w�rkmanship, or any defects
of any nature t'ne correction of which has been
directed in writing by the Engin�er or the Owner.
h. Substantial
of illegally
fraud on the
contract,
evidence of collusion for the purpose
procuring a contract or perpetrating
City in the constructiun of work und�r
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i. A substantial indication that the Contractc�r has �
made an unauthorized assignment of the contract or
any funds due ther�from for the benefit of any `"
creditor or for any other �urpose.
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If the Contractor shall for any cause whatsoever
not carry on the working operation in an acceptable
mannez.
If the Cant.ractor commences I�gal action against
the Owner.
A copy of the suspension order or action of the City Council
shall be sprved on the Contractor's �ur�ti�s. When work is
suspended tor any cause or causes, or when the contract is
cancelled, the Contrac�tor shall discontinue the work or such
p3rt thereof as the �wner shall designate, whereupon the
Sureties may, at their a�r�tion, .�ssume tne rontract or that
portion therz�P which the Owner has ordered the Contractor to
discontinue, and may perform the �ame or may, with the written
�7-7 ( 8 )
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consent of �he Owner, subl�t �fl? work or
� work as ta�ten ov?r, provide3 how�ver, that
ex�rcise their option, if at a11, withi:�
written noti�e t� discontinue the w�rk 'n
�'" the Cont.ractor and upon the Sureties
�
t��at po.rtion of �he
the Sureties shall
two we��� after the
as been 5e.r_ c�ed upon
or tiYeir authoriznd
agents. The Sureties, in such event sha.11 a�sume the
Contract<�r'S place in all respects, and shall be baid by the
Owner For all work p�rFormed by them in accordance with the
terms of the Contract Doc�ments. Al1 moni�s remaining due the
�ontractor at tha time c�.E this d�fault shall thereupon 'oecome
due and payable to the Sureties as the work progras5�s,
subject to all of the t<�rms of the Contract �ocument5.
In case the Sureties do not, within the hereinabove speciEied
�'" time, exercise their ri�ht and ontion to a:�sume t'ne contract
responsiUilities, or that portion ther�o� which the Owner has
ordered by the Contracto:r to discontinuP, then the Owner shall
have the power t.o complete, by contract or otherwise, as it
may determine, t:ie work herein described or suciz part tiZ�reof
�' as it ;nay d�em necessary, and the Contractor her?to agr�es
that tne Owne.r shall have tkie right to take pOSJ�ssion oE an3
�' use any materials, plants, tools, �quiPmznt, supplies, and
property of any kind provided by the Contractor f�r the
purpose of carrying on the wor'�c and to procure other. tools,
equipment, materials, labor and Qro�berty Eor the co►nplPtio.n of
� the work, and to c'narge to the account of the Contract�r. c�E
said cont.ract expense for labor, materials, tools, equipment,
and all expenses incidental thereto. The expense so charged
� shall be c�educted by the Own�r fr��m sucn monies as may be due
or may becomz due at any time tizerea�t�r to the Contractor
. under_ and by virtue of_ the Contract o:r any Uarr_ t'n�re�f . ThP
� Owner shall not be requir?d to obtai:► the lowest bid for the
work com�leting the contract, bat tn�� exp�nse to be deducted
shall be tne actual cost of the owner ��E such work.
� In case such exaenses shall exceed the �mount which wouZd hav�
been payable under the Contr3ct if tha same had bezn compt���ed
by the Cont.ractor, then t'ne �on�cractor and his 5urpties shail
� pay th� amount o� such excess to the i ity on noti;:�� fr.om th?
Owner oP the excess due. When any particular ���rt �E the w�r'�c
is being carried on by the nwner by contract c�r ot�i:rwis�
� under the provisi�ns of t'nis sec+:.ion, the Cont.ractor shall
. continue the remainder of the wor'K in conEormity wit�i the
terms �F the �orltract Documents and i:� such a mann�r as to not
'�° hinder or interterP with perf�rmanr.e oE the woac'r by tlie �wner.
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C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be
considered as having been fulfilled�, �3v:� as pr����d��� in any
��' bond or �onds oz 'oy law, when att th� work an�� �11 s��,ti�ns �r
parts of the pr�jecF cover_e�l by chP �,o�i�cact �or.ur�ents }�ave
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C7-7 (y)
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been finished and comnlP'ced, the final inspection made by the
Engineer, and the f_inal acceptance and. final payrnent made by
the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. NOTICE OF TERMINATION: The performance of the work
under this contract may be terminated by tl�e Owner
in whole, or �rom time to time in part, in
accordance with this section, whenever the Owner
shall dstermine tha� such te.rmination is in the
best interest of the t�wner. Any suc� terminati�n
shall be efiected by mailing a notice oF
termination to the Contractor specifying the extent
to which performance of work under the contract is
terminated, an3 the date uoon which such
termination becomes effective. R�ce.ipt of the
notice shall be deemed conclusively presun�Qd and
Astablished when the letter is placed in ttle United
States Mail by the Owner. Further, it shall be
deemed conclusively presumed and established that
such termination is made with just cause as therei��
stated; and no proof in any claim, demand or suit
shall be required of the Owner regarding such
discretionary action.
B. CONTRACTOR ACTION: After receipt of a notice oF �
termination, and exc��t as otilerwise directed by
the Engineer, the Contractor shall:
1. Stop work under the contract c�n the date and
to the extent specified in the notice o�
termination;
2. place no further orders or subcontracts £or
materials, services or f3cilities except as
may be necessa.ry for completion of such
oortion of the work under the contrac� as is
not terminated;
3. �erminate all orders and subcontr_�cts to tl�e
extent that they �elate to the performance ot
work t�rminated by t:ne notice of termin�tion;
4. transEer tit1P to
the mannQr, at thA
i E any, d ir•�czed by
the �wner and
times, and to
the Engineer;
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da_liver in �'
th2 extent,
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C7-7 t10) .�
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5.
a,
the E•�br_ icat�3 or �in`abric�t��d �art5,
work in process, comul�ted work,
sup�oli�s and ot'ner ma��ria1 producPd as
a vart of, or acquir.��� in connection
with the performance of, the worK
t�rminated by the notice of
termination; and
b, the compl?ted, or partially complet�d
plans, drawing.�, informatian and other
property which, if the contract had
been completed, would tiave been
required to be furnished to the Own��r..
complete
as sh�ll
notice of
performance of such par� oE the work
n�t have be�n termin�ted by the
termination; and
6. take sucti action as :nay be necessary, or as
the Engine�r may �3irect, for the protection
�nd preservation of the prooerty related to
its contract which i:� in the p�ssession of
the Con�tractor and i� which the Owner has or.
�nay acquire the rest.
�� At a time not later than 30 days ait?r the
' termination date specifa.ed in the no�ice of
termination, the Contr�ctor_ may submit to the
Engineer a list, certifie3 as �o quantity and
� guality, of any or all items of termination
inventory not previously diso�sed o.£, exclusive of
it�ms th� disposition of. which has been dir�ci:ad or
�"' authorized by the Engineer. Not later than 15 day�
�; ther�aaftar, the Owner shali accept titte to such
items pr�vided, that the list submitted shall be
..� subject to ver.if_ication 'r�y tlze Eng.ineer up�n
removal oE thF� ite�ns or, if the items are stor��d,
�"' within 45 days from the date of submission of tn�
list, and any neCessar_y �3j�istments to correct t?���
� list as submitted, shall be made orior t�� Final
settlement.
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C. TERMINATION CLAIM: Wi.`hin 5U da1Ts after notice of
ter.mination, the Contrac�or shall ����hmit his
termination cl�im to the Engi�eer in the Cor_m and
with the czrtification ��res�riber3 by the Eng.i�e�r..
Unless one or more ext�nsions in wri;.i�ig ar•�
granted by the Own�r �s�ot.i ra_q��st ��f ti� �
Contractor, �nade i� �ariting within such o0-3ay
period or authorize� �xten5ion thereof, an1� and .�11
s«ch claims s;i�1t ae conclus.ively deemn;� ,��3i�,T�d.
C7-7 (11)
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D. AMOUNTS: Subject to the prov-�sions of Itexn
C7-7.16 (C) , ttie Contractor and U�aner ma.y agree upon
the whole or any pa:rt of the arnount or amounts to
be paid to the Contractar by reason of the total or
partial termination of work pursuant hereto;
provided, that such agreed amount or arnaunts shall
never exceed the total contract price as reduced by
the amount of payments ot�herwise made and as
further reduced by the contrart price of work nat
terminated. Tne r_onttact shall �e amended
accordingly, and the Contractor shall be paid the
agreed amount. No amount shall be due For lost ar
anticipated profits. �lot'raing in C7-7.16(E)
hereafter, prescribing tne amount i:.o be paid to the
Contractor in the event of failure of the
Contractor by reas�n of the termination of work
pursuant to this section, shall be deemed co limit,
restrict or otherwise deterrnine or affect the
amount or amounts which may }ae ac�reed �anon to be
paid to the iontractor pursuar�t to this paragraph.
E. FAILURE TO AGREF.: In the event of the failure of
the Contractnr and the Owner to agree as provided
in C7-7.16 (D) upon th� whale amoun� to be paid to
the Contractor by r�ason of th� termination of wor;c
pursuant ta this section the Owner shall determine,
on the basis of information available to it, the
amount, if any, due to the Cantractor by reason of
the terminaticn and shal�. pay to the Con'�ractor the
amounts determined. No amount shall be due for
lost or anticipated profits.
F. DEDUCTIONS: In arriving at the amount due the
contractor under this section, there sh�ll be
deducted (a) all unliquiciated advance or otner
payments on �.ccou�t theretofore made to the
Contractor, applirable to the terminated porti�n of
this contract; (b) any claim which the Owner rnay
hav? against the ��ontr.actor in connection with this
contract; and (c) the agreed pricP fo.r, or the
proceeds of sale of, �ny ma-terials, suopli�s or
other things kept by the Contractor or sold,
�ursuant to the provisions of this clause, an3 not
otherwise r�covered 'oy or credited to the Owner.
G. ADJUSTMENT: If tne termination 'n�r�=under �e
oartial, prior to th� sattlement of the terminated
portion of this contract, the Contractor may file
with the Engineer a request in writing F�r an
C7-7 (12)
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� equitable adjustment of the price or prices
speciEied in the contract relating to the continued
� nortion of the �ontract (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
r,,,, Contractor to agre� 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: Nothinq contained in this
� section shall limit or alter th� rignts which the
Owner may have for termination of this contract
under C7-7.14 hereof entitled "Suspension of
,r,,, Abandonmerit of the work and Amendment of Contract"
or any other right which Owner may have for default
.a or breach oE contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES:� The Contractor shall be
responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work at
all times and shall assume all responsibilities for their
enforcement.
',,; The Contractor shall comply with federal, state, and local
laws, ordinances, and re�ulations so as to protect person and
�. property from injury, including death, or damage in connection
with the work.
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C7-7 (13)
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PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
�,,,, C8-8.1 MEASUREMENT OF QUANTITIES: The determination of
quantities of work performed by the Contractor and authorized
� by the Contract Documents acceptably completed under the terms
of the Contract Documents shall be made by the Engineer, based
on measurements made by the Engineer. These measurements will
be made according to the United States Standard Measurements
� used in common practice, and will be the actual length, area,
solid contents, numbers, and weights of the materials and
items installed.
� C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is
set forth, the said "Unit Price" shall include the furnishing
� by the Contractor of all labor, tools, materials, machinery,
equipment, appliances and appurtenances necessary for the
construction of and the completion in a manner acceptable to
the Engineer of all work to be done under these Contract
r"` 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 item of the work complete in place and in
a satisfactory condition for operation.
� C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set
forth, the said "Lump Sum" shall represent the total cost for
� the Contractor to furnish all labor, tools, materials,
machinery, equipment, appurtenances, and all subsidary work
necessary for the construction and completion of all the work
to provide a complQte and functional item as detailed in the
� Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The c;ontractor shall receive and
accept the compensation, as herein provided, in full payment
�„ for furnishing all labor, tools, materials, and incidentals
for performing all work contemplated and embraced under these
Contract Documents, for all loss and damage arising out of the
nature of the work or from the action of the elements, for any
unforesee�i defects or obstructions which may arise or be
encountered during the prosecution of the work at any time
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� C8-8 (1)
before its final acceptance by the Cwner, (excep� as prcvided
in paragraph CS-5,14) L-or a11 ris�:s of �anatever description
connected with the pros�cutiot� of the wor'K, for a11 expens�
incurred by or in conseq,.;ence c�E sua���nsion or i3�scontinuanc�
of such pr�secution of the wa?-kzng o�erations as herein
specified, or any and �11 infringements of patents,
trademarks, �,opyrights, or other legal r_eservat��ns, and for
completeing the work in an �,r.c�ptabl� matiner accor�ing to the
terms or the Contrac.t Documents.
The payment of any carrent or oartial. esti:mate prior to final
acceptance of the work by the �wner shall in no way con�titute
an acknowledgment of the acceptance of the woroc, ma�Qrials, or
equipment, nor in any waj prejudzcE o.r a�fect the obiigations
of the Contractor to repa.ir, correct, renew, or replace at his
own and proper expense �.ny aefects car imperfections in th�
construction or in the �trength o.r quality of the material
used or equipment or machin�ry Furr,ished in or about the
constructi�n af the wc�rk under contract and its appurtenances,
or any damage due or attributed to such def.ects, which
defects, imperfection, or damage shall hav� been discov�erzd on
or before the final inspection and acceptancc� of work or
during the one year guaranty period after fi:nal acceptance.
The Owner shall be the sole judge of such defects,
imperL-ections, or d�mage, and the Cantractor �hail be 1.iable
to the Owner for failure to correct the same as provided
herein.
C8-$.5 PARTIAL ESTIMATES AND RETAINAGE: Between �he lst and
5th day of each mc�nth the Contracter shall submit to the
Engineez a st�tement sho�aing an estimate of the val�ae of the
work done during the pr�vious month, or estimate period under
the Contract Documents. No�t later than the lOtt1 day of the
month the Engineer shall veri..Ey such ��tim�tP, and if it is
found to be acceptable and the value of work performed since
the last p�rtial p�yinent was made e?�ceeds one hundred dollars
($100.00) in amount, 90� of such Patimated sum wi17. be paid to
the Contractor if the total contract amount is Iess than
$400,000, or 95$ of such estimate3 sum will be paid to the
Cont�acto.r if the total contract amount is $400,000 or greater
within twenty-fivz (25) days aFt�r. the re�ul�r estimate �eriod.
The �ity will have the opti.on oL preparing estimates on F�rms
furnished by the City. The partial estimate may include
acceptable nonp�rislZai�1P snatarials deli�v�red to the work which
are to be incorporatec� into t'ne work as a�ermanent part
thereof, but whir.h at the th� time �f th� estimate �ia.ve not
been installed. (such payment will be allowed on a Uasis of
85� of the n�t invoice value thereof.) T'1e iontraccor shall
furnish the Fngin�er such inFormation as he snay rsc�uest to aid
C8-g (23
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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 of an error in any previous
estimate,and such estimate shall not, in any respect, be taken
as an admission of the Owner of the amount of work done or of
its quality of sufficiency, or as an acceptance of the work
done or the release of the Contractor of any of his
responsibilities under the Contract Documents.
� The City reserves �he right to withhold the nayment of any
� monthly estimate if the contractor fails to perform the work
strictly in accordance with the specifications or provisions
of this contract.
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C8-8.6 WITHHOLDING PAYMENT: Payment on any estimate or
estimates may be held in abeyance if the performance of the
� construction operations is not in accordance with the
requirements of the Contract Documents.
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C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided
for by the Contract Documents shall have been completed and
all requirements of the Contract Documents shall have been
fulfilled on the part of the Contractor, the Contractor shall
notify the Enginee.r in writing that the improvements are ready
for the final inspection. The Engineer shall notify the
appropriate officials of the Owner, will within a reasonable
time make such final inspection, and if the work is
satisfactory, in an acceptable condition, and has been
completed in accordance with the terms of the Contract
Documents and all app.roved modifications thereof, the Engineer
will initiate the processing of the final estimate and
recommend final acceptance of the project and final paym�nt
therefor as outlined in C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided
�„r, for by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work
will be prepared by the Engineer as soon as the necessary
� measurements, computations, and checks can be made.
All prior
subject to
payment.
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estimates upon' which payment has been made are
necessary corrections or r�visions in the final
C8-8 (3)
The amount af the final eat�matP, less p.rAvious payments and
anv sum that have bee� d�d.�zct�c� or re�ained under the
provisions of t11e Cont.ra.ct Dccuments, will bE pa3.d to t'ne
ConLractor within 60 days after final acceptance by ttle Owner
on a proper resolution of the City Council, provided the
Contractor has furnish�d to the Owner satisfactory Avidence of
payment as follows: Prior to submis5ion of the final estimate
for payment, the Contractor sha11 e�ecute an affidavit, as
furnished by the City, certiFying that all persor�s, firms,
associations, corporations, or otiier organizations furnishing
labo.r ancl/or materials have been pa�d in f�a.11, that the wage
scaJ_e established by the City Council in the City of Fo.rt
WortYa has been paid, and that there are no claims pending for
persorial injury and/or property damages.
The acceptance by the Contractor of the last or final payment
as aforesaid shall operate as and st-�aZl release the Owner from
all claims or liabilities under the Contract for anything done
or furnished or relating to th� work under Cnntract Dacuments
or any act or neglect of said City relating to o� connected
with the Contract.
The making of the final p�yment by the Owner shall not relieve
the Contractor of any guarantees or other requirements of �he
Contract Documents which speciEically continue thereafter.
C8-$.9 ADEQUACY OF DESIGN: It is understood thai: the Owner
believes it nas employed competent Engineers and designers to
prepare the Contract Documents and all modifications of the
approved Contract Documents. It is, therefore, agreed that
the Owne.r shall be responsible for the adequacy of its own
dasign features, sufficiency of the Contract Documents, the
saFety of the structure, and the pr�cticabiLity of the
operations of the completed project, provided the Contractor
has complied with th� .requi.rements of the said �on�tract
Documents, all appraved modifications thereof, and additions
and alte.rations thereto approved in writing by the Owner. The
burden of proof of such compliancn shall be upon the
Contractor to shaw that he has complied witn the said
requirements of tk�e Contract Documents, approved modifications
thereof, and all approved addition� and alterations thereto.
C8--8.10 GENERAL GURRANTY: Nei.ther the final certificate of
payme�zt nor any provision i.n tne Con�.ract �ocuments nor ..�
partial or entire occupancy or use o.f the p.re�nis?s by the �
Owner shall co�natitute ari acce�kance �f work not done in
acc�rdanc� wit'n tne Contract Documents or relieve the
Contractor of liability in respect to any expr�ss warranties
or rpsponsi'r�ility for faulty matera.als or workman�hip. The
Contractor shall remedy any 3eE�cts or damages in the work and
C8-8 (4)
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} pay for any damage to other work resulting theref:ro.m which
4 sha]_1 �ppear within a per�.od of one year from the date of
final acceptance of the wor;c unless a longer Feriod is
�"' specifaed andshall furnish a good and sufficient maintenance
. bond in the amount of 100 percent of the arr�ount of the
contract which shall assure the perEormance of the general
guaranty as above autline. The Owner will give notice of
� observe3 defects with reasonat�Ie promptness.
� C8-8.11 SUBSIDIARY WORK: Any and all work specifically
governed by documentary requirements for the project, such as
conditions imposed by the Plans, th� 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 subsidia.ry item of work, the cost o.f
which shall be included in the price bid in the Proposal, for
each bid item. Surface restoration, roc;c excavation and
� c�.eanup are gener_al itams of work which fa11 in the category
of subsidiary work.
� CS-8.12 MISCELL,ANEOUS PLACENiENT OF MATERIAL: Material may be
allocated under various bid items in ths 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 mat?rial will be made £or only that amount of
� material used, measu.red to the nearest one-tenth unit.
Payment for misc�llaneous Qlacement of matzria� shall be in
accordance with the General Contract Documents regardless of
.� the actual amount used for the project.
C8-8.13 RECORD DOCUMENTS: Contract�r shall keeo on record a
copy of all specifications, plans, addenda, modifications,
shop drawings and samples at the site, in good order and
annotated to si�ow all changes made during the construction
process. These shall be delivered to Engineer upon completion
of the work.
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�, SECTZON C1: SUPPLEN.ENTARY CONDZ:IONS TO SE�:ION C
A. General
These Supplemen�ary Conditio;�s amend or supplement the General
Conditions o� the Contrac� and o�her provisions o� the
� Contract Documents as indicated below. P�ovisions k�hicn are
. not so amended or supplementEd remain in �ull force ar,d
a�fect.
B. Paragraph C3-3.2 should be deleted in its enti�ety and
replaced with the following: .
R'� Upon recruest, Contractor agrees to provide to Owner corplete
- and accurate information �egarding actual �aorl: performe� hy a
.. Minority Business Enterprise (MBE) and/or a Woman Business
• Ente=prise (W3E) on the contrac� zna payne�� ;.�:e�e�ere.
'r' Contractor further agrees to pernit zn audit and!o� ex�:.�ina-
�ion of any books, records or files ii: i�s possession �ha�
� �.�ill subs`antiate �he ac�ual work perforn�ed by a:� ?�B� anci/o�
: �,3E. Tne misrepresentation o� facLs (o��her t'r.an a negiigen�
misre�resentation) and/o: the commission o: =raud bv �ne
� COJl �?"�cCLO= kT111 be grounds : Or L@l"I�lJ.h2 �? Ori O` �r:2 CO:, �� ZC �
� anc/or i:�i�iating actio^ ur.de� appro�_iate `ede_al, s�ate o=
�� �OCZZ Zc'vtS Or' L'1'1QE� ZU�:O1��_ZL@ �eneral� S�c:`_e O1' �OC?� _8k•5
. or o�di7ances rela:.ir.g �o ��lse s�a�enen�s;. �u= �her, any s��ch
I125= eU� 2Seh �ZL1.071 ( O �}']2� �l'lcri a ne�liger. � i�:=Srep� es�7 �c �10?'i�
� anc/or commission o= :=aud k•i? 1 resul� in t:�e Co:,��ac�o= being
y. ce�err,�ined to be ==responsiale and bar�ed �ron pa��ici�a�:ng
,_ , in Ci �.�� work � cr a pe: iod of tine oT no �. iess t�,an �hree ( 3)
� years.
� . C. Part C- General Conditions: C3-3.7 Bonds, the paragraph a`�eY
subpara5raph c. Change the parar,=aph to _eac as _o_?ows:
�► . "No sureties will be accepted by the Owner whicz are a:.
,`. �he time in defaul� or dciinquer.� on anv bonds or which
� a:e interested in anv li�ication agains� the Ok�ne�. zll
� boncs shali be r,:ade o� the fo�rr= �urr.is::ec bv the Owner
� ' an� the sLrety shal? be accep�able to ��e Owner. In order
*o= a suretv �o be acce��able to �he C;�v, (1) �he na:r,e
o� �ne s��e`v s'�all be inclu3ec en �?�e cu�ren� U.S.
� T=easur�� Lis� o� ::cce��able Su:e�ies (Ci=cular E7G1, or
- �2) �he sure�v ,:.Ls� ha��e ca�ita�: a^� su=p�Ls eCL`ZZ �O :.en
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I�, '� times the zmount of the bond. The surety mus� be licensec:
: to business in the state o� Texas. The amount of the bon�
�^ shall not er.ceed the amount shown on the Treasury list or
�; one-tenth (1/10) of the total capital and surplus. If�
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' reinsurance is recuired, �he company writing the reinsur�,��
�" ance must be authorized, accredited or trusteed ;.o do�
�f , bLsiness in Te>:as. ��
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D. Sec�ion C3-8.5 shoulc be deletec� in its entirety and replacec�.
k�ith the following: ��d���,d �
Partial pay estima es shall be submitted by ��e Con�rac�
tor or prepa�ed y the Ci�y on the S:.h day and 2oth da
o� each month t at the work is in progress. The estimate
shall be 'ed by the Ci�y on the lOth day and 25ti�
day respectively. Es�imates wil? be paid within 25 day�+
following the end of the estimate period, less 4he
s^
appropriate retainage as se� out below. Pz=tia� pa�!
es�inates nay include acceptable nenperishable materia��
de?ivered �.o the ti�ork tilace which a�e `o be i7cortio�a�e
�n�o �h� wor}: as a pe�nanen� part thereo�, bu� wnicn a�
the time o� the nav es�ima�e have no`. been so wns`allen.
_f such r,�aterials are incluned within � pa�T estinate
paymen� sha31 be based upon S5% o� �he ne� voice valu�
thereo�. The Con�rac�o� �ill �u=r.is?�. the Engineer such
in=ormaLlOri ZS li�ZV �@ reasonably '_"EC7LI�S�EQ �O 21Q 1I'� �!1�
VE= == 1C2 �lOri O� �h2 pre�aYa �].Ol'� O� �h2 �c�' 25 �1,T�z �e .
- =o= cor.�=ac`s o: less �i-.an $400,000 a� �he ��r,�e o=
". er.ecu �ion, retainage sha � 1 bs �en pe_ cent (1G%) .
, Fo= con�Yacts o� S4G0, 000 or no�e a� the �ine o=
� �>:ecution, re �ainage sha 11 b� � ive percen �( 5 0).
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Con�ractor StlZl.� D2}' SL1bCO;l�.i�C�0�5 2T7 �CCO=Q �'1�I1 ��1
. suacontract agreeme:�� witnin �ive (5) business days afte�
' '�eceipt by Cont�ac�or of the pay-:nent by City. Con`rac-
�0= � S iZ11LlYe �O ma};E �he recul� ed DZjril2Tl �S �O 5L1l3GOY1�
._ �.ractors �.�ill au�horize the Citv �o wi�hhold �utur�,
bavnents f�o;� the Contrac�er un:.i� co:;1�?iance with tt-.is
parag�aph is acconnlished. !"
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_� i= unce�stcoc ��a� the t�a= �ial �av es�i*�a�es will bs
ap�=o>:ir,.a�e onl��, and all ca=;.ia1 pav estir,a�es an�
': pa�;�ent o� =ame �•�il be su'�je�� �o correc�ion in �?�
C'S �1i:�1G l.� � C:�QG� 'l.�' : � Ci ION'_i1C �.::�' �15COVE� �' 0= .`..'lE r._sta}:e
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Y P P Y
estimate shall not, in any respect, be taken as an
� admission of the Owner of the amount of work done or of
its quality or sufficiency or as an acceptance of the
work done; nor shall same 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 fai�s to perform
the work in strict accordance with the specifications
� or other provisions of this contract.
E. Part C- General Conditions: Paragraph C3-3.11: Delete
subparagraph a.
�„ F. Part C- General Conditions: Paragraph C3-11: Delete
subparagraph g.
G. Paractraph C3-3.5 Award of Contract:
In the third line of the first paragraph, revise "forty-five
(45)" to "sixty (60)".
Revise the second paragraph to read as follows:
The award of the contract, if an award is made, will be to
the lowest and best responsible bidder on each unit
individually (See Page B - Summary).
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l�ART I� "�
SPECIAL CONDITIO��� S
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TABLE OF CONTENTS ;;�
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ITEM DESCRIPTION
D-1
D-2
D-3
D-4
D-5
D-6
D-7
D-8
D-9
D-10
D-11
D-12
D-13
PAGE
GENERAL.....................................................................�a.................................. SC-1
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INTERPRETATION AND PREPARATION OF PROPO AL ............................. SC-1
ADDENDA...................................�................................. t............ ............... SG2
aa .......
BONDS CIlY LET PROJECTS '"
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PROJECT DESIGNATION ............................................ u................................... SC-3
RIGHT TO AUDIT ..........................................................��................................... SC-3
MINORITY AND WOMEN BUSINESS ENTERPRISE ��OMPLIANCE .............. SC-3
MAINTENANCE BOND ................................................ �° ........ SC-4
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INSURANCE.............................................................. �p..................... ...... SC-4
INDEMNIFICATION ......................................................��� SC-4
�t ...................................
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TERMINATION OF CCSNTRACT ....................................................................... SC-4
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ACCEPTANCE AND FINAL.PAYMENT ....................... ................................... SC-4
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CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW.... SC-5
D-14 WAGE RATES .............................................................�,� SC-8
h. ..................................
D-15 COMPLIANCE WITH ZONING REQUIREMENTS ��
.......�� .................................... SC-8
D-1`6 EXISTING UTILITIES......� ..........................................�..w.................................... SC-8
D-17 SAFETY STANDARDS AND ACCIDENT �REVENTI� ................................ SC-8
D-18 SAFETY RESTRICTIONS — WORK NEAR HIGH VOL AGE LINES ................. SC-9
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D-19 TRAFFIC CONTROL..........� .........................................��.................................... SC-9
D-20 BARRICADES, WARNINGS AND FLAGMEN .............�..................................... SC-10
D-21 PROTECTION OF TREES, PLANTS, AND SOILS .....�� ....:............................... SC-10
D-22 SITE RESTORATION ..................................................��.................................... SC-10
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D-23 CONTRACTOR'S RESPONSABILTY FOR DAMAGE ��LAIMS ........................ SC-10
D-24 BID QUANTITIES ..'�� ...... SC-11
...................................................... ��. .............................
D-25 SUBMISSION OF BIDS ...............................................1�0..................................... SC-11
D-26 CONTRACT TIME ...:......................................................................................... SC-11
D-27 OPTION TO RENEW .....� ........................................... ��..................................... SC-11
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PART D
SPECIAL COND.ITIO�TS
TA,BLE OF CONTENTS
ITEM DESCRIPTION
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D-28 COPIES OF PLANS AND SPECIFICATIONS FURNISHED ............................. SC-11
D-29 DETERMINATION AND INITIATION OF WORK ............................................... SC-11
D-30 WORK ORDER COMPLETION TIME ....................d............................,.............. SC-11
D-31 SEQUENCE OF WORK ...............................................................................�..... SC-12
D�-32 PRE—PROJECT CONFERENCE ...................................................:................... SC-12
D-33 COORDINATION MEETINGS ........................................................................... SC-12
D-34 CONTRACTORS SUPERINTENDENT ............................................................. SC-12
D-35 ASSISTANCE BY OWNER ..........................................4.................................... SC-12
D-36 NOTIFICATION OF CITY ..........................................:................�...................... SC-13
D-37 WEEKEND, HOLIDAY AND NIGHT WORK ............................................:......... SC-93
D-38 MANHOLE EXPOSURE ..:.................................•..............................P..............:..:. SC-13
D-39 ACCESS TO THE WORK ................................................................................ SC-13.
D-40 PLACING WORK IN SERVICE ......................................................................... SC-14
D-41 WATER USAGE ................................................................................................ SC-14
D-42 SANITARY SEWER CLEANING ....................................................................... SC-14
SECTION 1 — DEFINITIONS ......................................U...................................... SC-14
SECTION 2— TECHNICAL SPECIFICATIONS .................................................. SC-17
SECTION 3— CONTRACTOR RESPONSIBILITIES .......� ................................., SG24
SECTION 4— OWNER'S RESPONSIBILITIES ...........................�...................... SG25
SECTION 5— MEASUREMENT AND PAYMENT .............................................. SC-25
D-43 DELAYS ...................................................................................................�........ SG26
D-44 PARTIAL ESTIMATES ...................................................................................... SC-26
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SPECIAL CONDITIONS
D-1 GENERAL: Subject to modifications as herein contained��the Fort Wo�th Water
Department's General Contract Documents and General Specifcations, effective July 1, 1979,
with tfie latest revisions, are made a part of the Contract Documents for this project. The Plans,
Special Conditions and Provisions Documents, and the rules, regulations, requirements,
instructions, drawings or details referred to by manufacturer's n�me, number or identification
included therein as specifying, referring, or implying product cor,�trol, 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�aithful manner as though
required by all.
� The order or precedence in case of confilicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the OWNER shali �enerally, but not necessarily,
follow the guidelines listed below: +
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1. Map 8� Table (to be furnished to the Contractor at a�ater date)
2. Special Contract Documents and Specifications
3. General Contract Documents and General Specifications
The following Special Conditions shall be applicable to this project and shall govern over any
conflicts with the General Documents under the provisions stat�id above.
D-2 INTERPRETATION AND PREPARATION OF PROPOSAL: Reference Part C, General
Conditions, Section C2-2 INTERPRETATION 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 tocation and stated time set forth in the "Notice to Bidder�". It'is the Bidder's sole
responsibility to deliver the proposal at the proper time to the pr'oper place. The mere fact that a
proposal was dispatched will not be considered. The Bidders ma�ast have the proposal actually
delivered. Each proposal shall be in a sealed envelope plainly rr�arked with the word
"PROPOSAL" and the name or description of the project as de�'�gnated in the "Notice to
Biciders" . The enve{ope shall be addressed to the Purchasing fl�ilanager, City of Fort Worth
Purchasing Division, P. O. Box 17027, Fort Worth, Texas 76102.
� C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed ��nrith 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, addre�sed to the City Manager, and
� filed with him prior to the time set for the opening of proposals Aiter all proposals not requested
for non-consideration are opened and read aloud the proposals'�or which non-consideration
requests fiave been properly filed may, at the option of the Owner, be returned unopened.
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C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal
by telegraphic communication at any time prior to the time set fQr obening proposals, provided such
telegraphic communication is received by the Purchasing Manager�prior to said proposal opening
time, and provided further, that the City Manager is satisfied that a,�nrritten and duly authenticated
confirmation of such telegraphic communication over the signatur�pof the bidder was mailed prior �o
the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the
proposal time, no further consideration wil{ be given to the proposa�.
SC - 1
D-3 ADDENDA: Bidders v�anting further information, interpretation or clarification of the
Contract Documents must rraake their request in writing to Darrell Gadberry, City of Fort Worth,
Field Operations, 1608 11 �' Avenue, Fort Worth, Texas at least 96 hours prior to bid opening.
Answers to all such requests will be bound and made a�part of the Contract Documents. No '
other explanation or interpretation will be considered official or binding.
Should a bidder �nd discrepancies in, or omissions from, the Contract Documents, or
should he be in doubt as to their meaning, he should at once notify Darrell Gadberry in order
that a written addendum may be sent to all bidders. Any addenda issued will be mailed or
delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so
constructed as to include any addenda issued by the City of Fort Worth prior to 24 hours of the
opening of bids with the appropriate�recognition of addenda so noted�in the bid proposal;
D-4 BONDS (CITY LET PROJECTS�: Reference Part C, General Conditions,
5ection C3-3 AWARDS AND EXECUTION OF DOCUMENTS: dated November 1, 1987; (city
let projects) make the follow changes: �
Page C3-3 (3); paragraph C3-3.7.d. Other Bonds: On the sixth line of the paragraph beginning
No sureties...delete the words the City of Fort Wo�th.
Page C3-3 (6); paragraph C.3.11�.g. Local Agent for Insurance and Bonding: delete the entire
subparagraph.
Paragraph C-3.7 BONDS: Page C3-3 (3) Delete the following paragraph:
No sureties will be accepted by the Own`er which are at the time in default or delinquent on,any
1bonds or which are interested in any litigation against the Owner. All bonds shall be made on
the forms fumished by the Owner and shall be executed by an approved surety company doing
business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be
acceptable, the name of the surety shall be included on the current U.S. Treasury list of'
acceptable sureties, and the amount of bond written by any one acceptable company shall not
exceed the amount shown on the treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company".
Add the following paragraph in its place:
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 the surety shall be acceptable �o the Owner. In order for
a Surety to be acceptable to the City, (1) the name of the surety shall be included on the
current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have
capital and surplus equa! to ten times the amount of the bond. The surety 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) of the total capital and surplus. If reinsurance is required,
the company writing the reinsurance must be authorized, accredited or trusted to do business
in Texas." '
SC-2
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D-5 PROJECT DESIGNATION: Work under these Special Docu .��ents shall be performed
under .he following Fort Worth Water Department Proj�ct Designat�n:
Cleaning of Large Diameter Sanitary
Sewer Mains in Fort Worth, Texas
Project No. PS58-070580174890
D-6 RlGHT TO AUDIT: Reference Part C, General Conditions, S�ction C8-8
MEASUREMENT AND PAYMENT, Page C8-8 (5); add the followin�:
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C8-8.14 RIGHT TO AUDIT:
1. Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the ri�ht to examine any directly
pertinent books, documents, papers and records of the �ontractor involving
transactions relating to this contract. Contractor agrees, hat the City shall be
provided access during normal working hours to all nec�ssary Contractor facilitie�
and shall be provided adequate and appropriate works�ace in order to conduct
audits in compliance with the provisions of this section. �he �ity shall give
Contractor reasonable advance notice of intended audits.
2. Contractor further agrees to include in all its subcontracfs hereunder a provision to
the effect that the subcontractor agrees that the City sh�f1, until the expiration of
three (3) years after final payment under the subcontra , have access to the right
to examine any direct{y pertinent books, subcontract, a�d further, thaf City shaN
have access during normal working hours to all subcon ractor facilities, and shaA be
provided adequate and appropriate work space, in orde� t� conduct audits in
compliance with the provisions of this article. City shall give subcontractor �
reasonable advance notice of intended audits.
3. Contractor and subcontractor agree to photocopy such �documents as follows:
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A. 50 copies and under -10 cents per page. ;�
B. More than 50 copies - 85 cents for the first page p�us fifteen cents for each
page thereafter. "
D-7 MINORITY AND WOMEN BUSINESS ENTERPRISE COMPLIANC�: Reference
Part C, General Conditions, Section C3-3 AWARDS AND EXECUT�ON OF DOCUMENTS,
paragraph C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-mWNED BUSINESS
ENTERPRISE COMPLlANCE: shall be deletec� in its entirety and r�'�laced with the following:
"Upon request, Contractor agrees to provide Gwner complete and accurate information
regarding actua{ work perFormed by a Minority Business Enterprise��(MBE) and/or a Women
Business Enterprise (WBE) on the contract an d � payment therefore. Contractor further agrees
to permit an audit and/or examination of any b�oks, records or files„in its possession that will
substantiate the actual work performed by an �E and/or WBE. Th�'� misrepresentation of facts
(other than a negligent misrepresentation) an /cbr the commission o� fraud by the Contractor will
be grounds for terminat�on of the contract and or initiating action un�er appropriate federal,
state or local laws or ordinances relating to fal � statements; furthe� any such
misrepresentation (other than a negligent misrepresentation) and/o� commission of fraud will
result in the Contractor being determined to be irresponsible and b�rred from participation in
City work for a period of time of not less than three (3) years".
SC - 3
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D-8 MAINTENANCE BOND: Reference Part C, General Conditions, Section C3-3 AWARDS
AND EXECUTiON OF DOCUMENTS, paragraph C3-3:7 B�UDS, delete subparagraph b,
MAINTENANCE BOND, in its entirety.
D-9 INSURANCE: Reference Part C, General Condition, Section C,3-3 AWARDS AND
EXECUTION OF DOCUMENTS, paragraph C3-3.11 INSURANCE Delete subparagraphs
a&g.,
D-10 INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and
harmless, the City and/or Owners of the units and lots abutting the units in the Contract, from
all costs or damages arising out of any real or asserted claim or cause of action against it of
whatsoever kind of character and in addition from any and all costs or damages arising out of
any wrongs, injuries, demands or suits for damages, either real or asserted claimed against it
that may be occasioned by any act, omission, neglect or misconduct of the said �ontractor, his
agents, servants. and eriiployees. The Contractor further agrees to comply with all applicable
laws, regul�l'tions, ordinances, building and construction codes of the City of Fort Worth and
the State of Texas, and with any regulations for the protection of workers which may be
promulgated by the government, and shall protect such workers with all necessary lights
barriers, safeguards, and warnin�s as are provided for in said specifications and in thie
ordinances and regulations of said City. �
D-11 TERMINATION OF CONTRACT: If the Contractor shall be adjudged bankrupt, or if lie
should make a general assignment for the benefit of his creditors, or if a receiver should be
appointed on account of his insolvency, or if he should persistently or repeatedly refuse or
should fail, except in cases for which extension of time is provided, to supply enough properly
skilled workmen, equipment or proper materials, or if he should fail to make prompt payment to
subcontractor or for material or labor, or persistently disregard laws, ordinances or the
instructions of the OWNER, or otherwise be guilty of a substantial violation of any provision of
the Contract then the Owner upon the certificate of the OWNER that sufficient cause exists to
justify such action may without prejudice to any other right or remedy and after giving the
Contractor seven (7) days' written notice terminate the employment of the Contractor and take
possession of the premises and of all materials, tools, and appliance thereon and finish the
work by whatever method the Owner may deem expedient. In such case, the Corltractor shall
not be entitled to receive any further payment�until the work is finished. If the unpaid batance of
the Contract Price shall exceed the expense of finishing the work, including compensation for
additional managerial and administrative service, such excess shall be paid to the Contractor. If
such expense shall exceed, such unpaid balance the Contractor shall pay the difference to the
Owner as herein provided and the damage incurred through the Contractors fault shall be
certified by the OWNER.
In the event of termination of Contract before completion of the work due to abandonment of
the project or discontinuance thereof, the Contractor will be paid in proportion to the work
completed and in progress as per.scope of work described in the drawings and Specifications
and in accordance with the unit price schedule.
D-12 ACCEPTANCE AND PAYMENT: Bidder's Initials
Because of the unique nature of this project, Section C8-8 MEASUREMENT AND PAYMENT,
paragraph C8-8.5 PARTIAL ESTIMATES AND RETAINAGE in Part C, General Conditions,
shall not app)y and shall be superseded by the following (please initial both pages included in
change):
Whenever the irnprovements prescribed by an individual Work Order have been completed, the
Contractor shall notify the Owner. The Owner, within a reasonable time, pertorms the
inspections. If such inspection reveals that the cleaning and television inspection are �in
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D-8 MAINTENANCE BOND: Reference Part C, General Conditions, Section C3-3 AWARDS
AND EXECUTION OF DOCUMENTS, paragraph C3-3.7 BONDS, delete subparagraph b,
MAINTENANCE BOND, in its entirety. "
D-9 INSURANCE: Reference ParC C, General Condition, Section �:3-3 AWARDS AND
EXECUTION OF DOCUMENTS, paragraph C3=3.11 INSURANCE Delete subparagraphs
a&g. "
D-10 INDEMNIFICATION: The Contractor agrees to fully indemnify and save whole and
harmless, the City andlor Owners of the units and lots abutting the �nits in the Contract, from
all costs or damages arising out of any real or asserted claim or ca se of action against it of
whatsoever kind of character and in addition from any and all costs r damages arising out of
any wrongs, injuries, demands or suits for damages, either real or 2i serted claimed against it
�that may be occasioned by any act, omission, neglect or miscondu�t of the said Contractor, his
agents, servants. and employees. The Contractor further agrees to comply with all applicable
laws, regulations, ordinances, building and construction codes of t e City of Fort Worth and
the State of Texas, and with any regulations for the protection of w' rkers which may be
promulgated by the government, and shall protect�such workers wi � all necessary li�ghts
barriers, safeguards, and warnings as are provided for in said spec�fications and in the
ordinances and regulations of said City.
D-11 TERMINATION OF CONTRACT: If the Contractor shall be ��ljudged bankrupt, or if he
shou�d 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;�� r repeatedly refuse or
should fail, .except in cases for which extension of time is provided,��o supply enough properly
skilled workmen, equipment or proper materials, or if he should fail�to make prompt .payment to
subcontractor.or for material or labor, or persistently disregard law�, ordinances or the
instructions of the OWNER, or otherwise be guilty of a substantial violation of any provision�of
the Contract then the Owner upon the certificate of the OWNER th�t sufficient cause exists to
justify such action may without prejudice to any other right or reme�tly and after giving the
Contractor seven (7) days written notice terminate the employmen� of the Contractor and take
possession of the premises and of all materials, tools, and applian�e thereon and finish the
work by whatever method the Owner may deem expedient. In such case, the Contractor shall
not be entitled to receive any further payment until the work is finis�ed. If the unpaid balance of
the Contract Price shall exceed the expense of finishing the work, �mcluding 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 s�'all pay the difference to the
Owner as herein provided and the damage incurred through tf�e C,pntractors fault shall be
certified by the OWNER. I
In the event of termination of Contract before completion�of the wcirk due to abandonment of
the project or discontinuance thereof, the Contractor will be paid ir� proportion to the work
completed and in progress as per scope of work described in the �drawings and Specifications
and in accordance with the unit price schedule.
D-12 ACCEPTANCE AND PAYMENT: Bidder's Initials �'1�►�
Because of the unique nature of this project, Section C8-8 MEASUREMENT AND PAYMEI�T,
paragraph C8-8.5 PARTIAL ESTIMATES AND RETAINAGE in Part C, General Conditions,
shall not apply and shall be superseded by the following (please i'��itial both pages included in
change):
Whenever the improvements prescribed by an individual Work O�der have been completed, the
Contractor shall notify the Owner. The Owner, within a reasonabl �e time, performs the
inspections. If such inspection reveals that the cleaning and television inspection are in
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acceptable condition and have been completed in accordance vilith the terms of the Contract
Documents, the Owner will recomrriehd acceptance under that particular Work Order and
recommend payment therefore.
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If the Owner finds that the work has not been completed as reqd�ired, he shall so advise the
Contractor in writing, furnish him an itemized list of all known items which have not been
completed or which are not in acceptable condition. When the Contractor has corrected all
such items, he shall again notify the Owner that tfie work is ready for inspection, and the Owner
shall proceed as outlined above.
Whenever the work prescribed by the individual Work Order ha�)e been completed and all
requirements of the Contract Documents have been fulfilled on �he part of the Contractor, an
estimate showing the value of the work will be prepared by the � wner as soon as the
necessary measurements, computations, and, checks can be m�de.
,� .
The amount of the estimate will be paid to the Contractor after �cceptance by the Water
Department Director, provided the Contractor has furnished to t�e Owner satisfactory evidence
of payment as follows: Prior to submission of the estimate for p�yment, 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 under that Work Order
have been paid in full, that the wage scale established by the C�ty Council in the City of Fort
Worth has been paid, and that there are no claims pending for �ersonal injury and/or property
damages.
The acceptance by the �ontractor of the individual payment as 'aforesaid shall operate as and
shall release the Owners from all claims or liabilities under the �,+Sontract for anything done or
furnished or relating to the work under that Work Order.-or any ct or neglect of said City
relating to or connected with the Contract. The making of the p��yment by the .Owner shall not
relieve the Contractor of any guarantees or other requirements „bf the Contract Documents
which specifically continue thereafter"
Bidder's Initials �
D-13 CONTRACTOR COMPLIANCE WITH WORKER'S COM�PENSATION LAW:
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Worker's Compensation Insurance Coverage
a. Definitions:
Certification of coverage ("certificate"). A copy of a�ertificate of insurance, a
certificate of authority to self-insured issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TV�/CC-84), showing statutory
workers' compensation insurance coverage for the person's or entities' employees
providing services on a project for the duration of the project.
Duration of the project includes the time from the b�ginning of the work on the
project until the contractor's/person's work on the p��Oject has been completed and
accepted by the governmental entity.
,��
Persons providing services on the project ("subcont',i�actor" in 406.096) includes all
persons or entities performing all or part of the serv�ces the contractor has
undertaken to perform on the project, regardless of��vhether that person contracted
directly with the contractor and regardless of wheth�r that person has employees.
This includes, without limitation, independent contr�,ctors, subcontractors, leasing
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acceptable con�ition and have been completed in accordance with. �he terms of the Contract
Documents, the" Owner wiil recommend accepiance under that particular Work Order and
recommend payment therefore.
If the Owner finds that the work has not been completed as require�, he shall so advise the
Contractor in writing, furnish him an itemized list of all known items �ruhich have not been
completed or which are not in acceptable condition. When the Conf�actor has corrected all
such items, he shall again notify the Owner that the work is ready f�r inspection, and the Owner
shall proceed as outlined abo"ve. °
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Whenever the work prescribed by the individual Work Order have en completed and all
requirements of the Contract Documents have been fulfilled on the art of the Contractor, an
estimate showing the value of the work will be prepared by the Owner as soon as the
necessary measurements, computations, and checks can be made.
The amount of the estimate will be paid to the Contractor after acceptance by the Water
Department Director, provided the Contra�tor has furnished to the 4wner satisfactory evidence
of payment as follows: Prior to submission of the estimate for pay �'�nt, the Contractor shall
execute an affidavit, as furnished by the City, certifying that all per .�ns, firms, associations,
corporations, or other organizations furnishing labor and/or materi � under that Work Order
have been paid in full, that the wage scale established by the City �ouncil in the City of Fort
Worth has been paid, and that there are no claims pending for per��pnal injury and/or property
damages. �p
The acceptance by the Contractor of the individual payment as afdresaid shall operate as and
shall release the Owners from all claims or liabilities under the Co tract for anything done or
furnished or relating to the work under that Work Order or any act r neglect of said City
relating to or connected with the Contract. The making of the pay ent by the Owner shall not
relieve the Contractor of any guarantees or other requirements of t�e Contract Documents
which specifically continue thereafte�' �I
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D-13 CONTRACTOR C(JMPLIANCE W{TH WORKER'S COMPE';�SATION LAW:
1. Worker's Compensation Insurance Cover'age '"'
a. Definitions:
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Certification of coverage ("certificate"). A,copy of a ce ificate of insurance, a
certificate of authority to self-insured issued by the co �nission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWC -84), showing statutory
workers' compensation insurance coverage for the per�pn's or entities' employees
prbviding services on a project for the duration of the pr�ject.
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Duration of the project includes the time from the begi �ing of the work on the
project until the contractor's/person's work on the proj���i� has been completed and
accepted by the governmental entity. �
pPersons providing services on the project ("subcontraqt,or" in 406.096) includes all
persons or entities performing• all. or part of the service9�he contractor has
undertaken to perform on the project, regardless of wh��her that person contracted
� directly with the contractor and regardless of whether t t person ha� employees.
This incfudes, without fimitation, independent contractd�r,�, subcontractors, leasmg
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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 other services related to a project.
"5ervices" does not include activities unrelated to the project such as
food/beverage vendors, office supply deliveries, and delivery of portable toilets.
b. The Contractor shall provide coverage based on proper reporting of classification
codes and payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services on the project, for the'duration of
the project.
c. The Contractor must provide a certificate of coverage to the governmental entity
.prior to being awa'1-ded the contract.
d. If the coverage period shown on the Contractor's current certificate of coverage
ends during the �uration 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.
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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 governmgntal 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.
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 gavernmental 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 pf any person
providing services on the project.
The Contractor shall post on each project site a notice in the text,•form and manner
prescribed by the Texas Worker's Compensation Com,mission, informing all
persons providing servi�es on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage.
The Contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
1) provide coverage, based on proper reporting on classification codes and
payroll amounts and filing of any coverage agreements which meets the
statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its
employees providing services on the project, for the duration ofi the project:
2) provide to the Contractor prior to�that person beginning work on the project, a
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certificate of cov�rage showing that coverage is b° ing provided for all
employees of the person providing services on th � project for the duration of
the project. � �
3) provide the Contractor, prior to the end of the coverage, a new certificate of
coverage showing extension of coverage if the co'�erage period shown on the
current certificate of coverage ends during the dur�tion of the project:
4) obtain from each other person with whom it contr�cts, and provide to the
� Contractor: ,I
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a certificate of coverage, prior to the other person beginning work on the
project and; ,�� •
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a new certificate of coverage showing exten�ion of coverage, prior to -the
end of the coverage period, if the coverage period shown on the current
certi�cate of coverage ends during the durati'i�n of the project:
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5) retain all required ce�kificates of coverage on file f�r the duration of the project
and for one year thereafter:
6) natify the governmental entity in writing by certifie� mail or personal delivery,
within Ten (10) days after the, person knew or sh��ald have known, of any
change that materially affects the provision of co��rage of any person
providing services on the project; and a�
7) contractually require each person with whom it c I tracts, to perform as
required by paragraphs (1) -(7) with the certi f icat s of coverage tb�be
provided to the person for whom thejr are providing services.
j. By signing this contract or providing or causing to be p� dvided a certificate of
coverage, the Contractor is representing to the govern ental entity that a{I
empfoyees of the Contractor who will provide services on the projeet will �be
covered by worker's' compensation coverage for the di�ratian of the project, that the
coverage will be based on proper reporting of classi�c�tion codes and payroll
amounts, and that all coverage -insured, with the commission's Division of
Self-insurance Regulation. Providing false'or misleadin,� information may subject
the Contractor to administrative, criminal, civil penaltie" or other civil action�.
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k. The Contractor s failure to comply with any of these pr�visions ts 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 enti�.
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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,Jland stating how a person
may verify current coverage and report failure to provide co 'erage. This notice does not
satisfy other posting requirements imposed by the Texas VN�rker's Compensation Act or
other Texas Workers Compensation Commission rules. 7his notice must be printed with
a title at least 30 point bold type and text in at t�ast 19-point� normaf type, and shall be in
both English and Spanish and any other language common o the worker population.
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REQUIRED WORKERS' COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this
construction project must be covered by workers' compensation insurance. This includes
person 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 employ2r
or status as an employee. '
Call the Texas Workers'•Compensation Commission at 1-512-440-3789 to receive information
on the legal requirement for coverage, to verify whether your employer has provided the
required coverage, or to report'an employer's failure to provide coverage.
D-14 WAGE RATES: The labor classification and minimum wage rates set forth herein have
been predetermined by the City Council of the City of Fort Worth, Texas, in accordance with
statutory requirements, as being the prevailing classifications and rates that shall govern on`all
work pertormed by the Contractor or any, sub-contractor.on the site of the project covered by
these Contract Documents. In no event shall be less than the following rates of wages be paid
(Attached).
D-15 COMPLIANCE WITH ZONING REQUIREMENTS: The Contractor shall comply with
present zoning requirements of the City of Fort Worth in the use of vacant property, for storage
purposes. �
D-16 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 operatiqns. 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 contr.act amount. NO ADDITIONAL COMPENSATION WILL
BE ALLOWED. . �
Where existing utilities or service lines are cut, broken or damaged, the CONTRACTOR shall
replace or repair the utilities or service lines with the same type of original material and
construction or better unles's otherwise shown or noted on the plans, at his own cost and
expense. The CONTRACTOR shall immediately notify the OWNER of the damaged,utility or
service line. He shall coo�erate with the Owners of all utilities to locate existing underg,round
facilities and notify the OWNER'at once of any conflicts in grades and alignments.
In case it is necessary to change �or move the property of any owner of a public utility, such
property shall not be moved or interFered with until ordered to do so by the OWNER. The right
is reserved to the Owner of public utilities to enter upon the limits of the project for the purpose
of making such changes or repairs of their property that may be made necessary by
pertormance of this contract.
D-17 SAFETY STANDARDS AND ACCIDENT PREVENTION: With respect to all work
pertormed under this Contract the CONTRACTOR shall: �
Comply with the safety standards provisions of applicable laws, building and construction
codes and"the Manual of Accident Prevention in Construction published by the Associated
General Contractors of America, the requirements of the Occupational Safety and Health
Act of 970 (Public Law 91-596 and subsequent amendments), and the requirements of
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Title 29 of the Code of Federai Regulations, Section1910 or 1�26 as applicable.
2. Exercise every, precaution at all time"s for the prevention of ac��idents and the protection of
persons (including employees) and property. ,j�
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3. The attention of the CONTRACTOR is directed to the Requirem�nts (including permitting
and recording) of the Confined Space Entry regulations which;;,are under OSHA.
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D-18 "SAFETY RESTRICTIONS - WORK NEAR HIGH VOLTAGE LINES: The following
procedures will be followed regarding the subject item on this cont��act:
1. A warning sign not less than five inches by seven inches, pair�ted yellow with black letters
that are legible at fin►elve feet shall be placed inside and outsi�e vehicles such as cranes,
derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus.
The waming sign shall 'read as follows: ��
"WARNING - UNLAWFUL TO OPERATE THIS EQUIPMEN� WITHIN SIX FEET OF
HIGH VOLTAGE LINES."
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2. Equipment that may be operated within ten feet of high voltage lines shall have insuCating
cage-type of guard about the boom or arm, except back hoes�� or dippers, and insulator
links on the lift hook connections. Ai
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3. When necessary to work within six feet of high voltage electri� lines, notification shall be.
given the Power Company (Texas Utility Electric) who will er ct temporary mechanical
barriers, de-energize the lines, or raise or lower the lines. T� work done by the Power
Company shall not be at the expense of the City of Fort Worth. � The notifying department
shall maintain an accurate log of all such calls to Texas Utilit � Electric, and shall record
action taken in each case. ,�
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The Contractor is required to make arrangements with tlie Te�'xas Electric Service
company for the temporary relocation or raising of high voltacje lines at the Contractor's
sole cost and expense. �
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No person shall work within six feet of a high voltage line wit�,iout protection having been
taken as outlined in Paragraph (3). "�
a, D-19 TRAFFIC CONTROL: It shall be the responsibility of the�hCONTRACTOR to provide
tra�c control during construction as set forth in the General Contract Documents and in
� accordance with the Traffic Control Handbook for Construction and Maintenance Work Areas:
City of Fort Worth, Texas, dated February 1979, and also in accoj�dance with the following
additional requirements: ��
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The Contractor's attention is directed to Part C, General Con1�itions, Section C6-6 LEGAL•
RELATIONS AND PUBLIC RESPONSIBILTY, paragraph C6�-6.8 BARRACADES,
WARNINGS AND WATCHMEN, which requires that the CO�ITRACTOR shall furnish
barricades, flares, etc., for the protection of the public and t�P work.
The cost of the traffic control shall be included in the price bi��l for other items as bid in the
Proposal, and no other compensation will be allowed. �p
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� When work activities are located in or near state right-of-way the�ICONTRACTOR shall comply
with all applicable Texas Department of Transportation regulatio�s.
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D-20 BARRICADES, WARNINGS AND FLAGMEN: Reference Part C, General Conditions,
Section C6-6 LEGAL RELATIONS AND PUBLiC RESPONSIBILTY, paragraph C6-6:8
BARRICADES. WARNINGS AND WATCHMEN. �
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."
D-21 PROTECTION OF TREES, PLANTS, AND SOILS: All property along and adjacent to
the CONTRACTOR'S' operations including lawns, yards, shrubs, trees, etc. shall be preserved
or restored after completion of the work to a condition equal or better than existed prior to start
of work.
By ordinance, the CONTRACTOR must obtain a permit from the City Forester before any work
(trimming. removal. or root pruning) can be done on trees or shrubs growing on public property
including street rights-of-way and designated alleys. This permit can be obtained by calling the
Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for
Class II Pruning as described by the National Arborist Association. A copy of these standards
can be obtained by calling the above number. Any damage to public trees due to negligence by
the CONTRACTOR shall be assessed using the current formula for Shade Tree Evaluation as
defined by the International Society of Arboriculture. Payment for negligent damage to public
trees shall be made to the City of Fort Worth and may be withheld from funds due the
CONTRACTOR by the City.
D-22 SITE RESTORATION: The contractor shall be responsible for restoring the site to
original grade and condition after completion of his operations subject to approval di the
OWNER.
D-23 CONTRACTOR'S RESPONSABILTY FOR DAMAGE CLAIMS: Reference Part C,
General Conditions, Section C6-6 LEGAL RELATIONS AND PUBLIC FtESPONSIBILTY, delete
paragraph C6-6.12 "CONTRACTOR'S RESPONSABILTY FOR DAMAGE CLAIMS" in its
entirety, and replace with the following: �
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, frorn 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 in�jury, damage or death is
caused, in whole or in part, by the negligence or a/le�ed 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
perforrnance of any of the terms and conditions of this Contract, whether or nof any such
in%ury or damage is caused in who% or in part by the negligence or alleged negli�ence
of Owner, its officers, servanfs or employees.
In the event Owner receives a written claim for damages against the Contracto�` 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
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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 pertormed under a City Contract.
D-24 BID QUANTITIES: Bid quantities of the various items ita the proposal are for
comparison only and may not reflect the actual quantities (see F�art C, General Conditions,
Section C2-2 INTERPRETATION AND PREPARATION OF PR ° POSAL, paragraph C2-2.2
INTERPRETATION OF QUANTITIES and Section C4-4 SCOPE OF WORK paragraph
C4-4.3 INCREASED OR DECREASED QUANTITIES). Moreover, there is to be no limit on the
variations between the estirnated quantities shown and the actu�l quantities performed or used.
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D-2S SUBMISSION OF BIDS: The proposal �5ections of this �pecial contract document are
arranged to allow the OWNER to make payment based on size'"of pipe cleaned and televised. If
the Contractor does not bid on all items, the bid will be consider�ed as "non-responsive° and will
be rejected by the Water Department. "
D-26 CONTRACT TIME: The term of this contract shall be fqr one (1) year from the date of
its execution or expenditure of $200,000 whichever occurs first. ��t iS further agreed that the
terms of this contract shall expire one calendar year from the d��e of execution of the contract's
Work Order but will in no case exceed $200,000 including all ch'�nge orders.
If at the end of the year the City does not exercise its option to r�new (see Part D, Special
Condition, paragraph D-27 OPTION TO RENEV1n the Contracto will have twenty-one (21)
addition calend�r days to complete work already ordered and fi een (15) additional calendar
days to bill for a total of thirty-six (36) days after contract termination to complete and bill work.
D-27 OPTION TO RENEW: The City has the right to renew t�iis contract for three (3) one
year terms/expenditures of $200,000 under the same terms, co�ditions, and unit prices. The
City shall give at least sixty (60) days notice prior to the expirati�n of one year from the date of
execution of this contract or of an option period or a like notice �a� such time as there is less
than $200,000 left unexpended. i"
D-28 COPIES OF PLANS AND SPECIFICATIONS FURNIS�HED: Three (3) sets of special
contract documents and specifications shall be furnished to the successful Contractor at no
charge for purposes of conducting the work.
� D-29 DETERMINATION AND INITIATION OF WORK: The Owner shall cletermine and
designate to the Contractor the location of the sanitary sewer to be cleaned and televised by a
Work Order together with a map. Single or several 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. The Contractor shall initiate work within ten (10) working days after receipt of the Work
Order, and continue work until it has been completed.
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D-30 WORK ORDER COMPLETION TIME: Reference Part ��, General Conditions, Section
C7-7 PROSECUTION AND PROGRESS, paragraph C7-7.10 TI�VIE OF COMPLETtOIy #he first
two subparagraphs shall not apply and shall be superseded by t�e following:
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The time of completion of each individual Work Order is an esse� tial element of this contract.
Each Work Order issued will have a maximum number of calen ,�ar days allowed for the .
completion of that specific work. ��
SC - 11
The number of caiendar days specified will calcuiated as fiollows: The total estimated cost for
the specific Work Order divided by 1500 (rounder up) + 15 days = Number of Calendar Days
allowed for the 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 Days 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 specified time
allowed will be interpreted as liquidated damages suffered by the Owner. For each calendar
day that any Work Order shall remain uncompleted afterthe time specified in the Work Order,
or the inc�-eased�time granted by the owner, or as automatically increased by additional work or
materials ordered after the Work Order is issued, the sum per day, per work order, as outlined
in the schedule under Part �C, Section C7-7 PROSECUTION AND PROGRESS paragraph
C7-7.10 TIME OF COMPLETION will be deducted from monies due the Contractor.
Cost for remobilization between Work Orders will be considered subsidiary and no addition
compensation will be allowed.
D-31 SEQUENCE OF WORK: Atl cleaning activjties are to be conducted from upstream to
downstream. Any deviation from a continuous upstream to downstream sequence of work will
not be allowed without prior approval by the Owner.
All segments selected for cleaning and television inspection shall be televised within seven (7)
calendar days after the completion of the cleaning process, unless otherwise approved by the
Owner. Failure to complete post cleaning television inspection within the specified time could
result in additional cleaning at the Contractor's expense. •
D-32 PRE-PROJECT CONFERENCE: After the project work order is issued, and within
5 working days, a pre-project conference shall be held with representatives of the following '
agencies present: City Water Department, other interested City Departments (such as Traffic),
interested utility compan�es (such as gas. telephone. and electric), and the successful
CONTRACTOR.
D-33 COORDINATION MEETINGS: For coordination purposes, me�tings at the job site
may be required to maintain the project on the desired schedule. The Contractor's
Superintendent (see Part D, Special Condition, paragraph D-33 "CONTRACTOR'S
SUPERINTENDANT') shall be present at all meetings.
D-34 CONTRACTORS SUPERINTENDENT: The CONTRACTOR shall assign competent
Supefintend�nt and any necessary assistant� to track progress throughout the work. All
directions given to said Superintendent shall be as binding as if given to the CONTRACTOR.
Upon request, such directions will be con�rmed, into writing to the CONTRACTOR.
CONTRACTOR shall pr.ovide a local toll free fax number and a local toll free telephone number
that provides direct access to the Superintendent and/or his assistants on-site through a pager
and/or mobile telephone during normal working hours.
D-35 ASSISTANCE BY OWNER: It is distinctly understood and agreed that such
assistance as the OWNER may render to the CONTRACTOR in connection with the
interpretation of drawings and Specifications shall not relieve the CONTRACTOR from any
responsibility for the work. Any work proved faulty shall be made right by the CONTRACTOR
without delay. The failure of the OWNER or his inspectors to call the CONTRACTOR'S
SC - 12
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attention to faulty work or work done which is,not in accordance 4fi ith Drawings and
Specifications shall not prevent the OW�IER from insisting the C�NTRACTOR make all work
right. �±�
The OWNER'S representative should work in concert to°represei�t the intentions of the City of
Fort Worth Water Department. "CONTRACTOR shall inform OWNER of the interpretation's and
explanations of specifications provided by OWNER. CONTRACTOR shall not knowingly
withhold such information for the purpose of rec�iving a more fa,�orable interpretation.
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D-36 NOTIFICATION OF CITY: The CONTRACTOR shall n$tify �the Water Department
Field Operations Division at fax numbers (871-8382) by 7:00 AM; each work day of the work
locations for that day. If the CO�ITRACTOR intends to work at ni�ht (7:00 P.M. to 7:00 A.M.) or
on weekends (see Part D, Special Conditions, �paragraph D-36 "WEEKEND, HOLIDAY AND
NIGH7 WORK°), notification shall be given at least 48 hours in advance.
Repeated failure to notify OWNER of work locations may result i� stoppage of work and review
by OWNER regarding contract compliance prior to resumption of work.
� D-37 WEEKEND, HOLIDAY AND N1GHT WORK: Requests��o work on weekends,
Holidays, or Night work must be submitted to and approved by the OWNER forty-eight (48)
hours before the work is to be done. Night work; (between the hours of 7:00 p.m. and 7:00
�a.m.) shall be authorized by the OWNER only when flow conditions inhibit the normal work of
. the CONTRACTOR during daytime hours. 16
� D-38 MANHOLE EXPOSURE: When it is necessary to expo,'e manholes in unpaved areas
or under asphalt the CONTRACTOR shall expose the manholes� n order to have access for
tine or manhole cleaning. The CONTRACTOR shall notify the 01�1MER of any man�oles thus
� exposed. Manhole exposure less than one (1) inch deep in asphalt or less than twelve (12)
inches deep in unpaved areas shali be incidental to the project. .
j`j' Exposure of manholes buried more than twelve (12) inches dee� under unpaved areas or more
�,,.!► than one (1) inch in paved areas shafl quafify for" payment. Payrr��ent sha11 be made at the unit
price bid for Manhofe Exposure.
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D-39 ACCESS TO THE WORK: Some of the sanitary sewer ljne segments scheduled for
cle�ning in the project are located on private property. Access to these manholes is generally
provided by existing easements and/or right-of-ways; however, tlie legal access may b�e
covered with private improvements such as fences, landscapingas outbuildings, etc. In such
cases the CONTRACTOR shall work with the landowner to find alternative methods of access
and obtain a signed agreement which outlines the method. Prov��ions of all agreements for
replacement of removed or damages private property relative to;��he alternate access method,
shall be the responsibility of the CONTRACTOR.
In the event an agreement cannot be reached, the OWNER shall be notified`to serve as
arbitrator. In the event an agreement still cannat be reached, the CONTRACTOR shall proceed
with the work using the legal access provided. P�rivate improvem�nts located on the legal
access shall be removed as required by the CONTRACTOR at tiis expense. In such cases the
CONTRACTOR shall minimize the damage to private proper�y a'�d shail make every effort to
work with the landowner. CONTRACTOR shall also be responsi�le for the replacement of the
private improvements on the legal access in as good or better c�,ndition as was found.
Repfacement shall be in kind or better. �
Copies of a{I signed agreements and proposed but unsigned agreements shall be provided to
the OWNER. �
SC-13
D-40 PLAC�yG WORK iN �ERVICE: Since �II woric is involved with existing facilities,
service associated with the structure being addressed shall be maintained at all times.
D-41 WATER USAGE: Water u�sage by the �CONTRACTOR for the purpose of sewer line
cleaning shall be taken from approved fire hydrants via,a 2" meter obtained by the
CONTRACTOR from the OWNER. The meter shall be used only on this project. One fire
hydrant wrench will be issued with each 2" meter. The deposit for the 2" meter and fire hydrant
wrench is the responsibility of the CONTRACTOR. Only fire hydrant wrenches or open-ended
wren�hes may be used on fire hydrant operating nuts.
The amount of deposit for the fire hydrant meter is $1,000.00 (One Thousand Dollars). The,
Contractor is responsible to return the meter for reading on a monthly basis. Meter reading fee
is applicable for this project; however, there will be no charge for water usage for the purpose
of sewer line cleaning.
D-42 SANITARY SEWER CLEANING: SECTION 1- DEFINITIONS
AVAILABLE WATER: Water necessary for the perFormance of work, which may be taken from
the fire hyd'rant nearest to the work site within City of Fort Worth, given conditions of traffic and
terrain are compatible with'the use of the hydrant for performance of work. Se� Part C, General
Conditions, Section C6-6 L�GAL RELATIONS AND PUBLIC RESPONSIBILITY, paragraph
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY TH� CITY
BUIl.DING SEWER: The conduit that connects building wastewater sources to the public or
street sewer including lines serving,homes, public buildings, commercial establishments, and
industry stru�tures. Referred to also as building� lateral or service lateral.
BYPASS: An arrangement of temporary�pumps, piping and valves whereby the flow is pumped
around a sewer line segment hydraulic structure or appurtenance.
BYPASS PUMPING: The transportation of sewer flows around a specific sewer pipe/line
section or sections via a conduit for the purpose of controlling sewer flows in the specified
section or sections without flowing or discharging onto public or property.
CHANGE ORDER: A•written order to the CONTRACTOR authorizing an addition, deletion or
revision in the work within the general�scope of work of the agreement, or authorizing an
adjustment in the agreement price or agreement time.
COLLECTOR SEWER: A sewer located in the public right-of-way or easement that collects the
wastewater discharged through building sewers and conducts such flows into larger interceptor
sewers'and pumping and treatment works. Referred to also as'main sewer" or "lateral ".
CONTRACT DOCUMENTS: See Part C, General Condition, Section C1-1 DEFINITIONS,
paragraph C1�-1.2 CONTRACT DOCUMENTS and paragraph C1-1.10 CONTRACT
CONTRACTOR: See Part C, General Condition, Section C1-1 DEFINITIONS, paragraph
C1-1.20 CONTRACTORS
CREW: The number of persons required for the performance of work at a site as determined by
the CONTRACTOR in response to task difficulty and safety. considerations at the time or
location of the work.
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DEBRIS: Soil, rocks, sand, grease, roots, etc:; in a sewer line excl�ding items mechanically
attached to the line such as protruding service ccnnections, protruding pipe, joint materials and
the like. ' ��
EASEMENT: A liberty, privilege, or advantage without profit that tl� OWNER of one parcel of
land may have in the land of another. In this agreement, all land otf�er than public streets in
which the OWNER has sewer syStem lines or installations and righ„"�t of access to such lines or
installations. "
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EASEMENT ACCESS: Areas within an easement to which acces�` is required for performance
of work.
ENGINEER: See Part C, General Condition, Section C1-1 DEFINI,TIONS, paragraph C1-1.19
ENGINEER �
EXISTING L{NEAR FEET: The total length of existing sewer pipe��n p{ace within designated
sewer systems as field measured from certer of manhole to center of manhole.
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FLOW CONTROL: A method whereby normal sewer flows or a p�rtion of norrhal sewer flows
are blocked, retarded, or bypassed within �ertain areas of the sewer collection system.
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HEAVY CLEANING: Mechanical sewer cl�aning will be performed after the OWNER
determines that the line has not been ade�uately cleaned by norr�al cleaning method�. The
CONTRACTOR may be directed by the O NER to perform heavy cleaning if the line is still not
adequately clean after three (3) slow pass s have been complet�d according the these
specifications. Heavy cleaning shall be pe ormed on a line segrnent until the OWNER
determines the line is clean or that the lin will be damaged by fu'�ther cleaning. The
CONTRACTOR may use hydraulic metho� s for heavy cleaning if'�approved by the OWNER.
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HYDRAULIC CLEANING: Techniques and methods used to cle�n sewer lines with water, e.g.
water pumped in the form of a high veloci4y spray and water flowi g by gravity or head
pressure. Devices include high-vefocity jEt cleaners, cleaning bal�s, and hinged
disc cleaners.
INFILTRATION: The water entering a sevrer system, including b,iiilding sewers, from the
ground through such means as defe�tive pipes, pipe joints, conn,�ctions, or manhole walls.
Infiltration does not include inflow. �
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INFLOW: The water discharged into a sewer system, including � ilding sewers from such
sources as roof leatlers, cellar, yard, and �area dr.ains, foundatior�' drains, cooling water
discharge, drains from springs and swamps areas, manhole cov�rs, cross connections from
storm sewers, combined sewers, and cat�h basins, storm waters, surFace runoff, street
wastewater or drains. Inflow does not inc,lude infiltration. ��w
INSPECTOR: The OWNER'S representative responsible for ins�ection and acceptance,
approval, or rejection of work; performed as set forth in these specifications.
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INTERCEPTOR SEWER: A sewer that r�ceives the flow from c�llector sewers and conveys
the wastewater to treatment facilities. °
INTERNAL PIPE INSPECTION: The teic�vision inspection of a s�wer line section. A Closed
Circuit N(CC'TV) camera is moved thro ugh the line at a slow r te and a continuous picture is
transmitted to an above ground monitor, and recorded on video��pe.
SC-15
INVERT: The floor, bottom or lowest point of a conduit.
INVERT ELEVATION: The elevation of the lowest portion of a liquid,carrying conduit such as a
sewer, that determines the hydraulic gradient available for moving the contained liquid.
JOINTS: The means of connecting sectional lengths of sewer pipe into a continuous sewer line
using various types of jointed materials. The number of joints depends on the lengths of the
pipe sections used in the specific sewer construction work.
LINE SEGMENT: The length of sewer pipe connecting two manholes, also referred to as
manhole section: .
LINEAR FOOT: Being one foot in these specifications used to denote the unit of ineasurement
relating to the length of a sewer line.
MAJOR BLOCKAGE: A blockage (structural defect, collapse, protruding service connection,
debris) that prohibits manhole cleaning or TV inspection.
MECHANICAL CLEANING: Methods used to clean debris from sewer lines mechar�ically v�rith
devices such as rodding machines, bucket machines, root saws, winch pulle�l brushes, etc.
May also include hydraulic root cutters and other hydraulic tools, if approved by the OWNER.
NORMAL CLEANING: Sewer cteani�g by hydraulic or mechanical means performed by
making three (3) slow passes with the cleaning equipment.
� OVERFLOW: (1) The excess inrater that flows over the ordinary limits of a sewer manhole or
containment structure. (2) An illegal outlet pipe or receptacle for the excess water.
OWNER: The City of Fort Worth.
PASS: The movement of operating cleaning equipment from the upstream end of the line
segment to the down�tream end at a rate not exceeding 60 feet per minute.
POINT REPAIR: A short pipeline repair made for the purpose of extracting cleaning equipment
or TV cameras from the,sewer line.
SANITARY SEWER: A pipe intended to carry' only sanitary or sanitary and industrial
wastewater from residences, commercial buildings, industrial parks and institutions.
SEWER CLEANING: The utilization of inechanical or hydraulic equipment to dislodge,
transport and remove debris from sewer lines and manholes.
SEWER PIPE: A length of conduit manufactured from various materials and in various lengths,
that when joined together can be used to transport wastewater from the points of origin to a
treatment facility. '
SITE: Any location where work has been or will be ,done.
SITE ACCESS: An adequately clear area of a size sufficient to accommodate personnel and
equipment required at the location where work is to,be performed, including. roadway or surface
sufficiently unobstructed to permit conveyance of vehicles from the nearest paved roadway to
the work location.
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STREET ACCESS: Areas normal used for public vehicular traffic (i' cluding roads, streets, or
rights-of-way) to which safe access is required for performance of �ork.
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SUBCONTRACTOR: An` individual, firrim or corporation having a dir�ct contract with the
C4NTRACTOR or with a lower-tier subcontractor for performance �f part of part of the
work. �
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SURCHARGE: When the sewer flow exceeds the hydraulic carryin' capacity of the sewer line.
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SURCHARGE CONDITION: When the sewer flow depth equals orM�exceeds the diameteP of the
discharging sewer line. � i�
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SWALE (DIP, SAG): A significant deviation in pipe grade such as �b cause entrapment of
solids. Semi-solids and liquids thereby impeding the accuracy and/or effectiveness of flow
measurements, cleaning and internal inspection. '�,
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SANITARY SEWER CLEANING: SECTION 2- TECHNICAL SPECIFICATIONS
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DIVISION 1- SCOPE OF WORK ��
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2.1.1. The work required by the project shall consist of furnishing all labor, materials,
equipment, and supervision, and performing all work necessary to��Clean and internally televise
the designated sanitary sewer lines in accordance w�th these Technical Specifications. The
work shall consist of performing the following work tasks where s��ecified:
Manhole Cleaning
Sewer Line Cleaning
Sewer Flow Control
Television Inspection
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2.1.2. The area of work shall be at those IoCations indicated by the Owner.
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DIVISION 2 - GENERAL '�
2.2.1. SEWER LINE CLEANING shall be performed with hydrau�ically propelled high-velocity
jet, or mechanical powered equipment. Selection of equipment sh��ll be based on field
conditions such as access to manholes, type and quantity of debris to be r,emoved, size of
sewer, and depth of flow. Selected equipment shall be capable o��cleaning spans up to 1,500
feet. Selected equipment shall be evaluated and approved by 01PNNER.
2.2.2. SEWER FLOW CONTROL shall be perFormed as required to comply with these
specifications. Refer to Part D, Special Conditions, paragraph D-�1, Section 2,
Division 4, SEWER FLOW CONTROL. °�
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2.2.3. TELEVISION INSPECTION shall be required to reveal �an� document sewe� line
conditions and/or cleaning results. °;`
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2.2.4. The CONTRACTOR shall warrant to the OWNER any an� all claims from infringement
of patents and shall save harmless the OWNER and his Repres�ntative from loss on account
thereof.
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DIVISION 3- SEWER AND MANHOLE CLEANING
2.3.1 INTENT: The intent of sewer cleaning is to remove foreign materials from the
line segments and manhole walls, benches and inverts. Since the succe'ss of the other phase�
of work depends on the cleanliness of the lines, the importance of this phase of the operation is
emphasized. It is recognized that there are some conditions such as broken pipe and major
blockages that prevent adequate cleaning from being accomplished or where additional
damage would result if cleaning were attempted or continued. Should such conditions be
encountered, the CONTRACTOR will not be required to clean those specific sections as
directed by the OWNER.
Foreign matter including but not limited to grease, debris, mud, rock and sand shall •be removed
from the pipelines and manholes. High-velocity hydraulic cleaning equipment may be used to
remove the foreign material from thermanhole walls.
2.3.2. PRE-SEWER CLEANING NOTIFICATION: The success of the Fort Worth Water
Department Cleaning Program is dependent of the cooperation of all customers affected. The
following are the requirements for notifying affected customers of clean�ng 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 finro (2) full working days„prior to cleaning in the area. The Pre-Cleaning
N�tification 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 Pre-Cleaning Noti�cation will be provided to the Contractor for use in making all
necessary copies of flyer on white paper for distribution to residences and businesses.
2. GONTRACTOR shall on a daily basis document all distribution of flyers. Documentation at
a minimum shall include map showing areas notified, date, and name of person completing
the notification.
3. CONTRACTOR shall schedule work to be completed within five (5) working days from the
day notices are distributed. Should the work not b� co�mpleted in the notified� area before
the end of 5 working days, the area will be re-notified.
�2.3.3 CLEANING EQUIPMENT: All equipment used by the contractor for cleaning of sewer
lines must be inspected by The City of Fort Worth Pre-Treatment Division. Contact Gloria
Trevino at 871-8305 for scheduling of inspections. �
1. 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 45 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. For normal cleaning of sewers from 6 inches to�
1.5 inches in diameter, pumps shall be capable of maintaining a minimurn operating
pressure of 1,500 p.s.i. For sewers 18 inches in diameter,or greater a minimum operating
pressure of 2,300 p.s.i. is required. Equipment shall also include a high-velocity gun for
washing and scouring manhole walls and floor. The gun shall be capable of producing flow
from a fine 5pray to a solid stream.
2. HYDRAULICALLY PROPELLED EQUIPMENT: The equipment used shall be of a
movable dam type and be constructed in such a way that a portion on of the dam may be
collapsed at any time during the cleaning operation to protect against flooding of the
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sewer. The movable dam shall be equal in diameter to the� pi,pe 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 ar° used, special precautions to
prevent flooding of the sewers and public or private property , hall be taken by the
CONTRACTOR. Damages or claims resulting from backups knd flooding, shall be the
responsibility of the CONTRACTC�R.+
3. MECHANICALLY POWERED EQUIPMENT: Bucket machin�s shall be in pairs with
sufficient power to perform the work in an efificient manner. Machines wifl be beit 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 ei �er sectional or continuous
rod type capable of holding a minimum of 750 feet of rod. Th� rod shall be specifically
heat-treated steef. To ensure safe operation the machine sh �I be fully enclosed and have
an automatic safety clutch or �elief valve. Mechanically powe��d equipment shall only be
used when authorized by the OWNER and shall be done on4�when other cleanmg
methods are shown to be ineffective.
2.3.4 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) ,�r tools that retard the flow in
the sewer line are used, precautions shall, be taken by the CONT CTOR to ensure that the
water pressure created does not damage or Gause flooding of pu � ic or private property being
served by the sewer. ��
�� When additional water from fire hydrants is n�cessary to avoid delays in normal work
procedures, the water shall be conserved an not used unnecess�rily. No fire hydrant shall be
obstructed in case of a fire in the area serve by the hydrant or as restricted by the OWNER.
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project. '�
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„ 2.3.5 NORMAL SEWER CLEANING: For Na�rma{ Cleaning the d�signated sewer line
segments sha{I be c{eaned using hydraulical{ propelled, high-velocity jet equipment. Manholes
� at each end of the line segments being clean o d shall also be cleau ed and all debris shall be
removed. Selection of the equipment used s all be based on the Qonditions of lines at the time
the work commences. The equipment and methods selected shal�� be satisfactory to the
OWNER. The equipment shall be capable of removing dirt, grease, rocks, sand, and•other
� materials and obstructions from the sewer lines and manholes. �
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If normal cleaning is not satisfactory, the OWNER may direct the �ONTRACTOR to perForm
heavy cleaning.
If successful cleaning cannot be perFormed ithou"t risk of damag� to the pipe or the equipment
fails to traverse �the entire line segment, clear�ing effort shall be te,�nporary suspended and
Water DepartmenUField Operations shall be notifed. ,�
Before cleanirig can resume the segment sh��ll be televised and e�!aluated in order to
determine if segment can be adequately cleaned.
The CONTRACTOR sha11 provide ar+ obsery r at the upstream manhole during ali pass ta
ensure that the entire line segment is cleane� on subsequent pas$es.
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The CONTRACTOR shall provide a mechanism to prevent debris'�from moving downstream
from the line segment being cleaned. ° .
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The CONTRACTOR shall clean the upstream manhole prior to cleaning the line segment.
2.3.6 HEAVY CLEANING: Segments that contain heavier than normal amounts of debris, or
that can not be adequately cleaned using the Normal Cleaning Metliod may be selected for
Heavy Cleaning. Segments selected for Heavy Cleaning shall be approved by the OWNER.
The OWNER may also select segments for Heavy Cleaning.
Heavy Cleaning shall be a supplemental means of removing debris and cleaning, and shall be
used in addition to Normal Cleaning. The method of Heavy Cleaning for each segment shall be
based on site conditions and shall be approved by the OWNER'S Representative.
CONTRACTOR may use hydraulic methods for heavy cleaning if approved by the OWNER.
All precautions required for Normal Cleaning shall apply to Heavy Cleaning. Heavy Cleaning
shall continue until the OWNER determines the line is clean or that further work may damage
the pipe. `
2.3.7: Npt Used
2.3.8 ROOT REMOVAL: Roots shall be removed in designated sections where root intrusion is
a problem and shall tie considered part of heavy cleanin� procedures. Special attention should
be given during the cleaning operations to ensure complete removal of roots from the joints.
Procedures maX include the use of inechanical equipment such as rodding machines, bucket
machines and winches using root cutters and porcupines, and equipment such as high-velocity
jet cleaners. N inspection during root removal at CONTRACTORS request is subsidiary to
Heavy Cleaning, and no additional payment will be allowed.
2.3.9 GREASE REMOVAL: Grease shall be removed in designated sections where grease is a
known problem and shall be� considered part of heavy cleaning procedures. Special attention
should be given during the cleaning operations to ensure complete removal�of grease from the
top of the pipe. Procedures rnay include the use of ine�hanical equipment such as rodding
machines, bucket machines and winches using root cutters and porcupines, and equipment
such as high-velocity jet cleaners, hot water, and EPA approved chemical degreasers. TV
inspection during grease removal at CONTRACTORS request is subsidiary to Heavy Cleaning,
and no additional payment wilf be allowed.
2.3.10 MATERIAL REIVIOVAL: All sludge, dirt, sand, rocks, grease, and other solid o'r
semisolid material resulting from the cleaning operation shall be removed at either the .
upstream or downstream manhole of the section being cleaned. Passing material from line
segm�nt to line segment shall not be permitted.
2.3.11 DISPOSAL OF MATERIALS: All solids or semi-solids resulting from the cleaning
operations shall become the property of CONTRACTOR and shall be removed by the
CONTRACTOR from the sewer and disposed of at a location approved by the OWNER. All
materials shall be removed from the site no less often than at the end of each workday. Under
NO circumstances will the CONTRACTOR be allowed to accumulate disposal material on the
site of work beyond the stated time, except in totally enclosed containers and as approved by
the OWNER. The CONTRACTOR'S trucks shall have permits in accordance with all appficable
State and Local regulations. `
CONTRACTOR shall provide OWNER with a detailed plan for disposal of material removed
from the sanitary sewers. This plan shall include but will not be limited to, name and address of
disposal site and �vehicle permit numbers. '
SC - 20
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2.3.12 REMEDIATION OF BACKUPS INTO BUILDINGS:
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a) Backups into buildings that occur during cleaning or other �erations shall be
remediated using the services of a local firm specializing in'cleaning and disinfecting
residences and businesses. The firm used by the CONTRP�CTOR shall be approved
prior to issuance of Notice-to-Proceed, and shall provide a'�rotocol that will be
implemented for various scenarios that may occur. '"
b) Upon discovery that backup has occurred, the CONTRAC��OR will immediately nntify
the Water Department Field Representative who will investigate the incident.
Contractor shall dry up the spill immediately and dispatch t�e cleaning service to
professionally clean and disinfect the area. Cleaning servic� firm shall be at the
customer site within three hours of notification of backup o�currence, or otherwise
scheduled by customer. All communication will be through,i�he Water Department Field
Representative. i:
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c) Documentation shall be provided of remediation provided. Should customer refuse the
remediation services, CONTRACTOR shall provide a busi�ess card and contact name
should customer want to schedule remediation at a later d�te. Refusal of remediation
services shall be documented by CONTRACTOR. „
2.3.13 FINAL ACCEPTANCE: Acceptance of sewer line cleaning s,�all be made upon the
successful completion of clsaning and shall be to the satisfaction of the OWNER. If CCN
inspection shows the cleaning to be unsatisfactory, the CONTRACfOR shall be required to
re-clean and CCTV inspect the line segment until the cleaning is sh�own to be satisfactory, at no
cost to the Owner. Heavy cleaning may be authorized by the OWN�R where normal cleaning
methods specified herein have been proved inadequate. ��
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Final acceptance of manholes cleaned by the CONTRACTOR shall be made by the OWNER
based on visual inspection of the manholes. "
DIVISION 4- SEWER FLOW CONTROL
II
(!'+ 2.4.1 MAXfMUM ALLOWABLE FLOW DEPTH: When sewer line �epth of flow at the upstream
�� manhole of the line segment being worked is above the maximum allowable for television
inspection or as specified by the OWNER, the flow shall be reduce� to the level specified in
� Division 4 by operation of pumps, temporary plugging or blocking �f the flow or by pumping and
bypassing of the flow as specified. Depth of flow shall not exceed 38% of the diameter of the
pipeline televised. ��
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2.4.2 PLUGGING OR BLOCKING: Plugging or`blocking of sewer line shall not be allowed
without pre approval by the CITY. If approved by the CITY a sewe� line plug shall be inserted
into the line upstream of the section being worked. The plug shall be so designed that all or any
portion of the sewage can be released. During CC7V inspection, flbw shall be reduced to within
the limits specified in DIVISION 4. After the work has been comple��ted, flow shall be restored to
normal pre inspection conditions. ��
2 4.3 PUMPING AND BYPASSING: When pumping and bypassin�q is required to avoid
� potential backups or surcharging, the CONTRACTOR shall supply� all necessary pumps, �
conduits, and other equipment to divert the flow of wastewater ard�nd the manhole section in
which work is to be performed. The bypass system shall be of sufiicient capacity to handle
� existing flow plus additional flow that may occur during rainfall eve�'i�ts. The CONTRACTOR will
be responsible for fumishing the necessary labor and supervision �o set up, operate, and
maintam the pumping and bypassing system. If pumping is required on a 24-hour basis,
C�
SC - 21
engines and motors shall be equipped in a manner to keep noise to a minimum.
2.4.4 FLOW CONTROL PRECAUTIONS: When flow in a sewer line is plugged blocked, or
bypassed, sufficient precautions must be taken to protect the sewer lines from damage that
might result from sewer surcharging. Under no circumstances will overflows be permitted by
the CONTRACTOR. Further precautions must be taken to ensure that sewer flow control
operations do not cause flooding or damage`to public or private property being served by the,
sewers involved. The CONTRACTOR shall be solely liable for damages due to backups
overflows or system bypasses that result from the Contractor's negligent work activities related
to this project. •
DIVISION 5 - TELEVISION INSPECTION
2.5.1 INTENT OF TELEVISION INSPECTION: After cleaning, all line segments shall be
visually inspected by means of a closed circuit color television camera. The purpose of the
television inspection work shall be to ensure that the cleaning work completed by the
CONTRACTQR meets the intent of these specifications and documents the structural condition
of the pipe. The equipment,shall allow for a complete, front-view inspection of the service or tap
connection from the main sewer. The inspection will be done one line segment at a time and
the flow in the segment being inspected will be suitably controlled as specified. Refer to Special
Conditions D-41 - Section 2- Division 4- SEWER FLOW CONTROL.
2.5.2 Not Used
2.5.3. TELEVISION INSPECTION PROCEDURES: The television camera used for the
inspection shall be one specifically designed and constructed for such inspection. Lighting for
the camera shall be suita�le to allow a clear picture of the entire periphery of the pipe. The
camera shall be operative in 100% humidity conditions. The camera lens shall have not less
than a 65 degree viewing angle and shall have either automatic or rernote focus and iris
controls. The camera sha11 be capable of spanning 360 degrees in the vertical axis and 270
degrees on the horizontal axis. The camera shall,be equipped with at least 1,500' of camera
cable and have pan and tilt capabilities to allow up close and right angled inspections of defects
and other significant observations. The camera, television monitor, and other components of
the video system shall be capable o� producing picture quality in color. to the satisfaction of the
OWNER'S Representative and if unsatisfactory, no payment shall be made.
The camera shall be moved through the line from the upstream manhole at a moderate rate,
stopping when necessary to permit proper audio and written documentation of cleanliness of
the pipe and any visible defects. In no case will the television camera be pulled at a speed
greater than 30 feet per minute. Manual winches, power winches, TV cable, powered rewinds,
or other devices �that do not obstruct the camera view or interfere with proper documentation of
the sewer conditions shall be used to move the. camera through the sewer line. If during the
inspection operation the television camera v►►ill not pass through the entire line segment due to
obstructions which could not be removed during heavy cleaning, the CONTRACTOR shall set
up his equipment so that the inspection can be performed from the opposite manhole. If again
the camera fails to pass through the entire manhole se�tion the inspection shall be considered
complete and the OWNER shall be notified. The image shown shall be clear and shall show
defects and/or service connections in the pipe.
When manually operated winches are used to pull the television camera through the line,
telephones or other suitable means of communication shall be set up between the two
manholes of the section being inspected to ensure adequate communications between
members of the crew.
SC-22
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2.5.4 DISTANCE MEASUREMENT: The importance of accurate distance measured is
emphasized. Measurement for location of defects shall be abov� ground by means of a.
distance measuring device as approved by the� OWNER. Markin� on the cable or the like that
wouJ,d require interpolation for depth of manhole will not be allov�ed. Accuracy of the distance
meter may be reviewed and approved by the OWNER for each �ine segment that has been
,as �p� �
properly cleaned and televised. ��
2.5.5 DOCUMENTATION OF TELEVISION INSPECTION: Doc�mentation of the television
inspection results shall be as follows: `"
a) TELEVtS10N INSPECTION LOGS: Printed location re�ords shall be provided by the
OWNER and shall be kepk and maintained by the CONTRACTOR. An example form is
provided in Part E and made part of these specifications. These shall clearly show the
stationing location in relation to the upstream manhole �f each observation during the
inspection points of significance such as locations of b'ilding sewers. Unusual
conditions, roots, storm sewer connections, broken pip�, presence of scale and
corrosion, and other discernible features will be record�d and a copy of such records
will be supplied to the OWNER. Observations shall be recorded by the
CONTRACTOR on field forms pr.ovided by the OWNEf�.
The CONTRACTOR shall provide an intelligible audio �escription in English of each
observation including the location of the line segment a� the same time that the
inspection is perFormed. As a minimum the tape shall show manhole numbers and
footage at all times. . ��
If during N inspection a manhole is encountered that �s not shown on the maps or
listings the distance meter shall be reset to zero and th�� onscreen display shall be
edited to reflect the new segment number, w �
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�Combining multiple segments on one form is not permitted.
b) VIDEOTAPE RECORDINGS. The purpose of tape rec�rding shall be to supply a
visual and audio.record of all line segments�that are tel'evised. Videotape recording
playback shall be at the same speed that it was record�ed. Slow motion or stop-motion
playback features may be supplied at the option of thep�CONTRACTOR. Title of the
tape shall remain with the OWNER. The CONTRACTC�R shall have all video tapes
and n��essary playback equipment readily accessible for review by the OVIINER
during the project. Each videotape and associated log �heets and field forms shall be
submitted to the OWNER for review no later than two �ays after the completion of the
tape. The videotape including the audio portion shall,b a deliverable and will be
required for completion of the work for each segment t�levised. The videotape shall be
indexed with the line segments recorded on the tape li�ted on the videotape label.
2.5.6 TELEVISION INSPECTION AND NOTIFICATION: The f�llowing are the requirements for
notifying affected customers of TELEVISON INSPECTION acti�ities. All procedures must be
followed.
a) 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 any N operations in the area.
The Notification flyer will inform the occupants of the pur�ose of the work, what might
possibly occur, and telephone numbers to call in case ��f ques�ons or problems. The
master flyer for Pre-Notification will be provided to the ,�ontractor for use in making all
necessary copies of flyer on white paper for distributio to residences and businesses.
SC - 23
b) GONTRACTOR shall on a daily basis document ail distribution of flyers.
Documentation at a minimum shall include rpap showing areas notified, date, and
name of person completing the notification.
c) CONTRACTOR shall schedule work to be completed within five (5) working days from
the day notices are distributed. Should the work not be completed in the notified area
before the end of 5 working days, the area will be re-notified.
SANITARY SEWER CLEANING: SECTION 3' - CONTRACTOR RESPONSIBILITIES
The CONTRACTOR shall obtain all municipal and other governmental licenses and permits.
The CONTRACTOR shall obtain approvals or consent from utilities ot carriers such as the
telephone companies or other persons or organizations upon whose proper or authority
performance of work under the contract might impinge. The CONTRACTOR shall request
written release from responsibility for the perFormance of work under the contract if and to the
extent such work is precluded by the inability to obtain such approvals or consent.
The CON'�RACTOR shall 'review all available information pertinent to the site of the project
including reports prepared under previous accomplished studies or surveys and any other data
relating to'the design of the project, including maps drawings, construction specifications,
sewer system records, etc., as provided by OWNER. ,
The CONTRACTOR shall obtain all fresh water necessary for performance of work under the
contract from fire hydrants at the site of work orfirom other suitable designated sources
approved by the OWNER. All costs associated with obtaining fresh water for pertormance of
work are the responsibility�of the CONTRACTOR.
The CONTRACTOR shall notify third parties (sucli as public utilities and the telephone
company) of the Contractor's intent to perForm work in an area where such parties may have
rights to underground property or facilities and request for maps or other descriptive information
as to the nature and location of such underground facilities o�`=property and assurance of ttie
Contractor's ability to enter upon any public or private lands�to which access is required for
pertormance of the work under the contract.
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The CONTRP�CTOR shall obtain a secure storage area of a size adequate to accommodate the
required equipment, vehicles, and materials for the period of pertormance of the agreement.
The CONTRACTOR shall arrange traffic control when the safety of work or the public requires
such protection or as may be otherwise specified.
The CONTRACTOR shall dispose of all materials removed from the cleaning and N
operations conducted by the CONTRACTOR at an approved Facility. Costs associated with the
removal, transport, and discharge of such materials shall be considered i�cidental to the project
and� shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall obtain all
necessary permits for hauling and disposal of liquid waste in accordance with City of Fort
Worth Ordinance 9978. At the Pre-Project Meeting, (see Special Condition D-19) the
CONTRACTOR shall provide the OVVNER a written plan detailing the CONTRACTOR'S debris
disposal plans.
The CONTRACTOR shall have the ability to communicate with all crews and the OWNER at all
times. The CONTRACTOR shall have a. cellular telephone with a LOCA�. telephone number
and a LOCAL pager number at which the superintendent can be reached at any time while the
work is under way.
SC-24
� The CONTRACTOR shall provide daily notification of work location� to the OWNER.
�ONTRACTOR shall also notify the OWNER in the event that a p�"nt repair is to be made or if
� lodged equipment causes an overflow. : r �
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The CONTRACTOR shall maintain a log of incidents and customer complaints. The log shall
O include date and time of call or incident, nature of complaint and resolution if any. Log shall be
made available to OWNER upon request. All cleaning and CCTV i,nspections shall be
documented on forms provided by the OWNER. �j
OThe CONTRACTOR shall obtain written, permission for access to p���-ivate property where �
easements are inadequate.
� SANITARY SEWER CLEANING: SECTION 4- OWNER'S RESP�NSIBILITIES *
The OWNER shall provide a manhole-numbering system for all are�las of the project and
� approximate manhole invert elevations based on available records when required for the
performance of the work.
� The OWNER shall provide for the shut down or manual operation Qf certain pump stations if
such becomes necessary for performance of the work. �II
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The OWNER shall review and respond to all submittals and wr,itten�requests submitted by the
� CONTRACTOR. "'�
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The OWNER shall provide for the exposure of all non-accessible rr�anholes if necessary.
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The CONTRACTOR should request the OWNER'S assistance only after making every attempt
� to locate and expose the manhole on his own.
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SANITARY SEWER CLEANING AND TV INSPECTtON: SECTI Q"�1 S- MEASUREMENT
AND PAYMENT . i�l '
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All measurements shall be as specified or made by conventional rri!eans with accuracy,
consistent with field conditions and common practice. Should a dis�repancy in measurement
� exist that is greater than 3%, the item in question shall be re-measured by both the
CONTRACTOR and OWNER Representative for verification. The CONTRACTOR shall provide
a method of distance measurement acceptable to the OWNER. CONTRACTOR is responsible
� for obtaining all measurements for payment purposes. ,�.
Measurements for payments shall be based on the following sche �ule:
� NOTIFICATION OF BUSINESSES AND RESIDENTS shall be cori5idered incidental to the
project and no additional compensation`will be allowed. "
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NORMAL CLEANING shall be paid at the unit price bid per linear {;�;oot of each size pipe for
actual pipe cleaned. Measurement of the actual number of feet 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 cleaning.
9
� Based on the. resulf's of follow up intemal television inspections req ired under this contract, the
CONTRACTOR will be required to perform additional cleaning at n�o additional cost to the
OWNER if the television work shows that initial cleaning is inadeq�te or incomplete.
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HEAVY CLEANING shall be paid for at the unit p'rice bid per linear foot of each size pipe for
actual footage cleaned and shall be in addition to ihe normal cleaning unit price.
Based on the results of fallow up internal television inspections required under this contract, the
CONTRACTOR wil) be required to perform additional cleaning at no additional cost to the
OWNER if the television work shows that initial cleaning is inadequate or incomplete.
1NTERNAL BUILDING REMEDfAT{ON shall be considered incidenta{ to the work and shall not
be considered for payment.
PLUGGING OR BLOCKING of the sewer flow shall be considered incide�ltal to the work and
shall not be considered for payment.
PUMPING AND BYPASSING of sewer flows shall be paid for at the unit price bid per setup
plus the unit price bid per hour of operation upon approval of the OWNER.
TELEVISION INSPECTION of the sewer lines shall�be paid for at the unit price bid per linear
foot actually televised of each size pipe. Reverse setups when approved by the OWNER and
performed will be paid for at the unit price bid. Measurement of the actual number of feet
inspected shall be made from center of manhole to center of manhole.
If reverse setup's (a situation that arises when the television camera cannot pass through the
line segment, making it necessary to reverse the positions of the television equipment to the
downstream manhole and enter the sewer from the opposite direction) are required during
television inspection, the per foot cost of television inspection will be paid for the actual� footage
televised. �
REVERSE SETUPS shall be paid at the unit price bid per incident.
VIDEOTAPE RECORDINGS shall be considered incidental to the Work and shall not be
considered for payrtient. The upstream identifiers and footage shall be displayed on the screen
at �all times.
D-43 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.
Wheri such extra compensation is claimed, a written statement thereof shall be presented by
the Contractor to the OWNER, and if by him found correct, shall be approved and referred by
him to the Council for final approval or disapproval; and the action thereon by the Council shall
be final and binding. If delay is caused by.specific orders given by the OWNER to stop work, or
by the performance of extra 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 obligation"s hereunder which shail remain in full force until the
disch�rge of the contrac�.
D-44 PARTIAL ESTIMATES: Reference Part C, Section C8-8 MEASUREMENT AND
PAYMENT, paragraph C8-8.5 PARTfAL ESTIMATES AND RETANAG� shall be defeted in its
entirety and replaced with the following:
Partiaf 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 .
processed by the City on the 10th day and 25fh day respectively. Estimates will be paid within
SC - 26
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� 25 days following the end of the estimate period, less the appro 9�iate retaina e as set out
P, 9
below. Partial pay estimates may include accepiabPe non-perishabie materia1s delivered to the
p work place which are to be incorporated into the work as a permanent part thereof, but which at
the time of the pay estimate have not been so installed. If such r�aterials are included within a
pay estimate, payment shall be based upon 85% of the net invoi�e value thereof. The
a Contractor will furnish the OWNER such information as may be reasonably requested to aid in
the verification or the preparation of the pay estimate. �I
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� Contractor shall pay subcontractors in accord with the sub-contr�ct 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 vuill authorize the City to withhold future payments
� from the Contractor until compliance with this paragraph is accoy�plished.
It is understood that the partial estimates will be approximate on� , and all partial pay estimates
and payment of same will be subject to correction in the estimat3�rendered following the
� discovery of the mistake in any previous estimate. Payment of a�y partial pay estimate shall not
be an admission on the part of the Owner of the amount of work„done or of its quality or
D sufficiency, or as an acceptance of the work done; nor shall sam'� release the Contractor of any
of its responsibilities under the Contract Documents. �
� The City reserves the right to withhold the payment of any parti�� estimate if the Contractor fails
to perform the work in strict accordance with the Specifications �r other provisions of this
Contract. �
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CITY OF FORT WORTH
HIGHWAY CONTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFACTIOIY
A�t TOOL 4PE[tATOR
ASPHALT RAKER
ASPHAl.T SEiOVELER
BATCHIidG PLt1IvT WE[GHER
CA.R.PENTER
CONCRETE FIMSHER-PAVING
CONCRETE FIMSHER-STRUCTUItES
CONCR.ETE RUBBER
ELECIRICIA��1 .
FLAGGER
FORM BUII,DER-STRUCTURES
FORM LINER-PAV�NG & CURB •
FORM SE'ITER-PAVJNG & CUitB
FORM SETTER-STRUCTLSRES
LABORER-COMMON
LABORER-UTZI.ITY
MECHANIC
OLLER
SERVICER �
PAIMER-STRUCCURES �
PIPE LAYER
BLASTER �
ASPHALT DISTRIBUTOR OPERATOR
ASHPALT PAVIl�IG MACHINE
BROOM OR SWEEPER OPERATOR
BULLDOZER
CONCRE'I'E CURING MACHINE
CONCRE'IE FIMSHING MACHINE
CONCRETE PAVING JOINT MACHTNE
CONCRETE PAVING JOINT SEALER
CONCRETE PAVING SAu%
CONCR.ETE P,�VIrIG SPREADER
SLIPFOILLt �L�CFiINE OPER.ATOR
CR�:v�. CL.�.�iSHELL, BACKHOE, DER.RICK, DRAGLINE, SHOVEL
FOL�"D.�TtOv DItILL OPER.ATOR CRAWLER MOUNl'ED
FO�'�JD.�TIO� DRILL OPER.ATORTRUCK MOUNT�D
rP.OvG C��D LOADER
`t[LLI�G �t.�CE�ii�+L- 0I'�RATOR
►�tltEft
,�1uTOR GR.�DER OPCR.�TOR FIIv'E GRADE
�l��TOEt GR.�DE O['CR�T02 •
HOURLY RATE
59.00
9.55
8. 80
11.51
10.30
10.50
9.83
s.sa
15.37
7.55
9.83
9.00
9.24
9.09
7.32
8.94
12.68
10.17
9.4I
11.00
8.98
I I.SO
10.29
10.30
8.72
10.74
9.25
11.13
10.42
9.00
10.39
t 0.50
9.92
! 1.04
10.00
1 1.33
9.�G
3.G?
10.30
t t.97
10.9G
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CITY OF FORT WORTI�
HIGHWAY CON'TRUCTION
PREVAILING WAGE R.ATE FOR 1999
CLASSIFACTION
PAVEMENT MARJKII�iG MACHINE
ROLLER, STEEL WHEEL PLANT-MIX PAVEMENT'S
ROLLER, STEEL WHEEL OTHER FLA'1WF�EEL OR TAMPING
ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER
SCRAPER
TR.ACTOR-CRAWLER TYPE
TRACTOR-PNEUMATIC
TR.AVELING MIXER
WAGON-DRII..L, BORING MACHINE
REINFORCII�iG STEEL SEITER PAVIl�IG
RETNFORCING STEEL SEITER STRUC�TURES
STEEL WOKKLR-STRUCI'iJRAL
SPREADER BOX OPERATOR
WORK ZONE BAR.RICADE
TRUCK DRIVER-SINGLE AXLE LIGHT �
TRUCK DRNER-SINGLE AXLE�HEAVY
TRUCK DRIVER-TANDEM AXLE SEMI TRAILER
TRUCK DRNER-LOWBOY/FLOAT
TRUCK DRNER-TR.ANSTT MIX
TRUCK DRIVER-WTNCH
VIBRATOR OPERATOR-HAND TYPE
WELDER
HOURLY RATE
7.32
9.06
8.59
8.48
9.63
10.58
9.15
8.83
12.40
13.21
13.31
14.80
10.00
7.32
8.965
9.02
8.77
10.44
9.47
9.00
7.32
11.57
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1. Name of business
2. * Physica� address of business
3. * City State
4. Mai�ing address of business
5. City . State
6. Name of owner �
7. Manager of operations
8. Manager's drivers license.no.
9. Business telephone(s)
10. Home tel.ephone
ApPLICATIOI�I FOR LIQUID WASTE T'IZANSPORTATION
� PERMIT � •
(Please complete a].1 pages of the application)
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TWC�
CITY OF F�RT WORTH WA'F�R DEPARTMEI�IT
]NDUST�A.L WASTE SECTION
Zip Code
Zip Code
State
,
Emergency notification telephone
Name, address, telephone number of corporation/parent company
(if applicable)
Indicate below a�.l the types of liquid waste to be
transported:
( ) Grease trap waste
( j Sand/grit trap waste
( ) Septic tank waste (septage)
( ) Chemical toilet wast�
Expiration Date
* NOTE: P.O. Boxes are not acceptable. Must state street address.
**�*******#**************�*****�******�**�**�****�**«*�**�*�****� .
�*********�****�**********�****�***�*******#***��#��#������.�+�.t
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15.
16.
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18.
19.
20.
Complete the attached "List of Vehicles to be Permitted" on
Paqe 4. Show all information requested for each vehicle to
be permitted.
Tota]. number of vehicles to be permitted is .
List below the permitted disposal site(s) to be used by the
vehicles on this pex�ait application. Show name of contact
person, address and telephone number for each site. .
Please provide copies of license and registration and proof
of insurance of all vehicles to be used by your company.
Please provide copies of the drivers license of all operators
of vehicles to be used by your company. This information
must be updated as drivers change.
Please provide photographs of al}. vehicles used by your
company.
Please provide a copy of the Texas Water Commission permit
issued to your company to dispose of uaste.
Schedule of Fees
Septage charge -$8.29 per 1000 gallon
Monitoring charge -- $40.00 per truck load
Deposit fee - $50.00
General Fees
lst vehicle - $240.00
Each additional vehicle - $170.00
Page 2 of 4
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21. Certification Statement: This application is to be signed by
the owner of the business, or offa.cer of a corporation, after
adequate completion of this farm and review by the person
' siqning below.
"I have examined and am familiar with the information
subtriitted in this application. I believe that the in:formation
submitted is true, accurate and complete. I agree to accept
anii to abide by all applicable ord�.nances and regulations of
the•C�ty of Fort Worth. I understand that falsification of
any information submitted shall be cause for termination of
the liquid waste transport perniit. I acknowledge that this
permit authorizes the transport of only those liquid waste
listed above in item 12 and I understand that no hazardous
or industrial waste is to be transported or mixed with l�quid
waste hauled under this permit. Any person willfully or'
negligently violating PERMIT conditions is subject to a fine
of one thousand dollars ($1,000) for each offense. Each day
that a violation is permitted to exist shall constitute a
seperate 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 PERMITT£E for costs S.ncurred 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
and must be renewed on an annual basis to maintain a valid
permit." �
Signature of Owner/Corporate �fficer
Please return to: Industrial Waste Section
920 Fournier Street
Fort Worth, Texas �6102-3456
Page 3 of 4
Date
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LrST 4F VEHICLES TO BE PERMITTED
Name of Business
Year Make � Gallons License Plate No.
Paqe 4 of 4
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4,r'�spection Date:
Inspection Crew:
�sin:
bbasin:'
Main/Lateral Number:
�wer Map Book Number:
Number:
:ction of Traveli OUpstream �Downstream
Pine Material;
�VCP 90PVC OO BrickBlock
RCP OD/CIP OAC
�CMP �HDPE �Other
Location:
Paved-Conc. OYard-Back
2 Paved-Asph. OYard-Side
Driveway OO Non-Paved
Side�+�alk �Creek Bottom
Curb � t Field
Yard-Front �2 Golf Course
�� Upstrcam manhole
� Dow�nsveam manhole
� Unknown manhole
4 � Lens submerged
S � Lens emerges
� ��yt SCIVICt
= Break-In sen•ice
' Obser.
�'�umber. Foom�e
, 1
� 2
" 4
� 5
,,� 6
7
a
Obsen�ation:
8 = Protruding top
9 = Roou
10 = Otfset
i I = Gapped joint
12 = Crack-Radia!
13 a Cf3Ci:-j"jOfIZ0Ilt3�
14 = Loosc bricks
SSES Standards - Television lnspection Form
Upstream MH No.:
Downstream MH No.:
Station Upstream:
Station Downstream:
Segment Length:
Mapsco Number:
Tape Number:
Pipe Diameter:
Ground Condition:
UODry
�Moderate:
OWet
ra fic•
OTwo Lane
03-4 Lane
OO Hi�hway
40Parking
OO Alley
OO Driveway
OO Other
I S = Broken pipe
16 = Collapsed pipe
17 = Cortosion
18 � Debris
19 = Grease
Z� � DI}ICf
in.
Joint Length: ft.
< leanin Pertormed
OO None � �Root Cut
�Flush �Bucket
OJet DOther
urface•
�Open
�Fence
OO Trees
40Utilities
OO 2,3,&/or 4
Volume/Access:
OLow/Good
OO Mediura/Fair
OO Hi;h/Poor
C.oncurrent Dve Test: 1�Yes ONo
Loeation
1 = Crown
2 � Rieht
3=Left
4 = [nvert
5 = See Dyed Water
6 = Multiple
7 = Joint
Obser. Obser.
Obser Loe. Rating InGI
8 = Quadrant 1
9 � Quadrant 2
10 = Quadrant 3
i l � Quadrant 4
Comment
Ratine
0 = Not Applicabie
1= Good
2 = Minor
3 � Fair
4 = Poor
5 � Deteriorated
Page _ ot_
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��.. Fort Worth Television Inspection . ,_
� Water Ciry of Fort Worth, Texas
� Department Project Title
� SSES Standards - Television Inspection Form
� � Fort Worth �'elevision Inspection • � •-
� Watet' Ciry of Fort Worth, Texas
aDepartment Project �'itle' Line No.
Tape No.
� �� �
� Observation: • Loeation: Rating
1� Upsueam manholc 8= Prowding top IS � Broken pipe 1- Crown 8� Quadrant 1 0 � Not Applicable
2� Dow�nsveam manhole 9= Rooes 16 � Coltapsed pipe 2 � Right 9� Quadrant 2 1� Good
3� Unknown manhole 10 � Offset i? e Corrosion 3� LeR 10 = Quadrant 3 2� Minor
�4 � Lens submerged 11 = Gapped joint 18 � Debris 4= Jnvert I 1 s Quadrant 4 3� Fair
5 s L.ens emerged 12 = Csack-cadial 19 = Grease 5� See Dyed 1A'ater 4 � Poor
6� Wye service l3 = Crack•horizontal 20 � Other 6 � Multiple S � Dcteriorated
7 � Brcal;-In service 14 = Loose 7 � Joint
� Obser. Obser. - - Obser. - ,
Number Footaee Obser. Loc. Ratin� Tnfii. Comment �
Q 8
9
10 '
� 11
12
- 13 �
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15
�16
17
18
Q 19
20
�21
22
23 �
{'� 24
�� 25
26
� 27 .
28
�29
30
31
� 32 ,
33
Page of
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g9l0�j1999 11:39 8474273559 ASSUCIATED AGENCIES
� 5�r, b.�y�y y��4NM . AC6 F�IP� CLEANING
e ._��S�T� a �,N,�l,lJE�_ �►�,
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PAGE 02
N0.151 �.�2
�w: ra6 cssY or roRr xoar�i, �sue , p,a. sept. 8, 1999
N�wz or P�oar�cr: . �r,�Na �r ig� . n� i�TF�, �.�rzrnxX SEW�R.�(AIh9 Lx P'aR�T �i4g, • TE 5
pRa.r6CT HV�Sb�R: PS56�07D580174890 -- -- -
x8ts is 7ro C1�RTiF1� 'r811T ACE P�E ,���,�[�TC.
. ( ati• a�a� �ddY.:s ot ZAiurad)
��.a, ac ahe d+�tv ot thia cartitLc�t�, i.naured by thia Company w1cK respect to che au�lne��
dp�ratia�►s hec�inafe�r debor,tbed, �cs tha type o� �,n�uranca �nd in aacordan�e with the
provl,tione a! the stsndard polici�� u�ed hy tihl■ COtilj�linYr an4 tutthnr h�reina��ex deecrib�d,
�xcaptiand to etandard paif.ay noe.d on raveras sida h�reef.
p �.
',i'Y1�E Q� INStI�lAliCL'�
__ . _ : —_ - , _. _,_�.�..�— .- �- - - - „
�,� . ��oliCr No. �!leCtive T.�pire� L�diLr o! s.iabiliyy
Nork�r'a CQmFen�akion WD�896755 10-31-98 10 31-99 500,000/500,000/500,000
� comprehenaiv� cen��xl
i,tabillCy Inautanctil
(publia Li�bility)
� Blasting
Col].ap9e ot 8ui1QL•zgs
� ' os st�ucCurer ad9a«
o�n� to excava�ionr
Dam�qe to Undesgrc•snd
Utili��re
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Lompr�hansf.ve
�ukomobile
' Li.ttb�lity
Ca�ytraetual Liabllity
VQ2896756 10-31-98 10-31-99 ��dily In�vey:
Ea. Ovcurtanca:, S,,n���J
Fcopercy Damng�i •
i a � occurr�nce: � �SL
. Ea, Ocourrencv� 5
VQ2846756
VQ2846756
VQ2896763
VQ2846756
10-31-98 10-31-99 �a, ocdurrences S 1,0�O,OcO
10-31-98 10-31.-99
�Q, occus�eenc�� 8,j�,,0�Q10
1�odily Yrsjury: .
10-31-98 10-31-99 ��, pQr9on 6
Ea. oaaurrenaQ S], n�{ A
Yrvperty Ddroa��;
___ __ f�s � occurrence r S rar
ecdily In�uxya
10-31-98 1�-31-99 Ea►. oce�rrenee �,,,j�QQQi,0,0
OroPertX Aamage�
�;w. orcurrei�ce: E,��T,
o�her
_.,. _.__,_.... _ , ,�.. � � .
n Loastion� cowxed: __ Various _ __ _
I+l� - _ rr •
Description ot oparations cov�red: Variou8 ,
0 The nbove poiicie9 •ither in th� body thereo! at� k�y ap�ropriat¢ endereernent ptovide that
th�y may not ba ct�anqed ox cancel.lea by zh• ineurer iA Les� than ti�e (S) day� aiter thv
i:�■e�rod haa� rocr�iv�d wriCCan noCice o! auch ah�ngA/or mancelLation.
��her• appLtaabi• locai lsv� os r�qu�aei,ons require mor� th;� fivo �5� day� acrual no�ice
oC cl�angf or cancQZ7,at�,an ta ba ��sured� ttte MDo've palici.e� cantal� �uch epacirl
j"� requirem�Rta� •ithe� in tha hody th0reof os by apptOpriaCe endor94R+ent thwr��o aetached.
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�n�v Asac�iated Actenci�s, Inc. , ,
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1�¢dca■s 1701 Golf 12d. , Rolling Meado�tas, IL
� 60008
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o�d,J� r�c �✓�r�w
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��:� President
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CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil
Statutes, Contractor certifies that it provides workers'
compensation insurance coverage for all of it employees employed
on City of Fort Worth Project Number PS58-070580174890
ACE PIPE CLEANING, INC.
CONTR TOR
B y : �'iZ�'ti � /��G
Patrick M. Brown
Vice Presi�r.
Titl
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Date
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STATE OF �i4�6 �
G'Gd!
COUNTY OF
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BEFORE ME, the undersigned authority, on this day personally
appeared Patrick M. Brown , known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed
of ACE PIPE CLEANING, INC. for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIV N E MY HAND AND SEAL OF OFFICE this 0 day of
�h��.C11� , 19 f�1� .
0
Notary Pu lir�in and for
the State of Texas
N. E• PUGH
Noqry pub►lc - St�te tif Missouri
MY Commiss on� �t Clay
EXplCe510/2Z/2pr�1
a�natas/e
`�'����, � � �` ��°a�
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`' S�pNEXFIRfs� �s�
.�'�t�2�PRYS�cC?o.. �r
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°' (i�� �'• C�pTA RY PJ G�'P'� �i�
.����d��� �NTM OF • .��6�
°��ee�,n �� ��!� g�a`��0�m
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BOND N0. 8 SB 103207790 BCM
PERFORMANCE BOND
THE STATE OF TEXAS �
COUNTY OF TARRANT §
KNOW ALL MEN BY THESF. PRESENTS: That we (1) ACE PIPE CLEANING INC
� a� 2) Corporation °f K�nSaG (:i tv. Mi �srniri �
.
h e r e i n a f t e r c a 11 e d P r inc ipal , and ( 3) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ,
a corporatiun organized and existing under Che laws of the State and fully
� authorized to transact business in the State oE Texas, as Surety, are held and
firmly bound unto the City of Fort Worth, a municipal corporation organized and
� existing under the laws of the State of Texas, hereinafter called Owner, in the
penal sum of:
� t�ne HLndred Fiftv One Thousand Two Hundred
i$151,200.00 ) Dollars in lawful inuney of the United States, to be paid in Fort
Worth, Tarrant County, Texas, for the payment of which sum well and truly be
�" made, we hereby bind uurselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents.
� TIiE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal
entered into a cer ain contract with the City of Fort Worth, the Owner, dated
�_ the day o� ��� , A.D. 19 , a copy of which is hereto
attached and made a part hereof, for the cunstrucCion of;
CLEANING OF LARGE DIAMETER SANITARY SEWER MATNR TN FIIRT WIIRTN� TF.XAS
�„'
designated as Project No.(s) PS58-07058017489Q , a copy of which
cuntract is hereby attached, referred to, and made a part tiereof as fully and to
� the same extent as if copied at length herein, such project and construction
being hereinafter referred to as the "work".
� NOW THEREFORE, if the Principal shatl well, Cruly, and faithfully perform
the work in accordance with Che plans, specificatiuns, and contract ducuments
�, during t(�e �riginal term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if he shall
A satisfy all claims and demands i�icurred undzr such contract, and shall fully
indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner
�. all outlay and expense which the Owner may incur in making good any defaulC,
then this obligation shall be vuid; otherwise tu remain in full force and
�"' eEfect.
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PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
,�, shall lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteratiun or addition
to the terms of the contract vr to the work to be performed thereunder or the
specifications accompanying the same shall in any wzse affect its obligation on
this bond, and it does hereby waive nutice �f any such change, extension of
time, alteration or addition to the terms oE Lhe contract or to the work or to
the specifications.
IN WITNESS WHEREOF, this instrument is executed in six counterparts eacli
une of which shall be deemed an original, this the day of� � j�
a.n., t9 .
ATT�S'� :
(Prin tpal) Secretary
(S E A L)
ACE PIPE CLEANING, INC.
PRINCIP L (4)
BY: /
Patrick M. Brown, Vice President
4000 Truman Road
Kansas City, M� 64127
(Address)
� � .����i(.l� ��
�"n'�/',
t Witness as to Principa�
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(Address �
�f�R�7@if$(X WITNESS:
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��'�1 t,'�v"�a?.���'�t'�i� <.�_ .. �.,�,,:_,.v �—�i—Q ',
(Surety) �q��p���
(S E A L)
v� �� _�
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Witness as to Surety 1�
215 Shuman Blvd., Naperville, IL 60563
(Address)
(DC-5/21/70)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Surety
BY: � , .
(Attorn in-fact) (5)
EILEEN LUCITT, A ORNEY-IN-FACT
215 Shuman BTvd.> Naperviile, IL 60563
(Address)
IVOTE: Date oE Bond must cioi: be prior to
da[e of Contract
(1) Correct name of Contractor
(2) A Corpuration, a Partnership or
an Individual, as case may be
(3) Correct name of Surety
(4) If Contractor is Partnership alZ
Partners should execute Bond
(5) A true copy of Power of Attorney
shall be attached to Bond by
Attorney-in-ract.
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TRAVELERS CASUALTY AI�ID SURETY COMPANY OF AMERICA
�` TRAVELERS CASUALTY A1vD SURETY CONiPANY
FARIVIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, lllinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CA5UALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: Dwight F. Miller, David C. Banks, Janice B. Kaplan, Kevin P. Nagel, Jeffrey S. Malecek, Terry J.
Reckamp, Lorraine Pozezinski, Eileen Lucitt, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail
Schroeder, Craig Goesel, Jeffrey A. Zehr, Rebecca L. Dauparas, Barbara J. Bailey, Chad Berberich, Cindy Genslinger,
Gina M. Damato, Meredith C. Covel[i, Thomas A. Pictor, Juli Giorgianni Erik Janssens, Jane Bronson, Pete A. 'hirner or
Nan-Yi Chen * *
of Naperville, IL, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or condidonal undertaking and any and all consents incident thereto
I ' STATE OF ILLINOIS
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COUNTY OF WILL
��iCI��.S�4L '�
GA,ROL F. TA�C�OiR
Notary Pubiic, State of IllinoEs
Mv Cammission Expires 3/28l03
� S-2429 (07-97)
� I� CAROL F. TASCIOTTI a Notary Public in and for said County and
) SS• State, do hereby certify that Resident
) Vice President, and Resident Assistant
Secretary, EILEEN LUCITT Attorney-in-Fact, of
TRAVELERS CASUALTY AND SURETY COMI'ANY OF AMERICA,
who i s personally known to me to be the same person _ whose
name i s subscribed to the foregoing instrument, appeared before me this
day in person, and acknowledged that he signed, sealed and
delivered said instrument, for and on behalf of TR.AVELERS CASUALTY
AND SURETY COMPANY OF AMERICA, for the uses and purposes
therein set forth. Given under my hand and notarial seal, this day
of 19 99 �
��� � �����
Notary Public
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required) by one or more Atcorneys-�,�-a-u..� a...0 �,s..••.., r...__._...-- -- _ _
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution va�e� by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRA,V'E;LEI3S CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELEI�S C�SUAIyT�..AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature oi each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assist�it Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(R-��>
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instn�ment to be signed by their Senior Vice President, and their corporate
seals to be tiereto affixed this 13th day of May, 1999.
STATE OF CONNECTICUT
}SS. Hartford
COUNI'Y OF IiARTFORD
'IRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
�S�Er` J��TY ANps G^SU,�� �p SUqE7�,
3`� C�`�t �r G,9m O��OI{�f�'j, �pPOR,�r� �
u
7��pRO, a HARTFORD, < <7 1 9 H 2� O 4 SEAL �''-�`
�N A � CONN. o Z�* � i `g 197t � 8,,,
�� ,� �'-s �f �'6. C�' �a '�, ��C1NO��' �
'.+�� +��+ �y1 ����a �y ��,� bbf S�cSF G e o rg e W. Th om pso n
` ' Senior Vice President
On this 13th day of May, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such co�porate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
�G.TET�
7AR
�' �I/QUG�
'�'91► Cn'F'
CERTIFICATE
�� � ���� �X.�J�
�
My commission,expires June 30, 2001 Notary Pubiic
Marie C. Tetre�iult
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of �
, 19 .
,�swfr� ,���r �NO GASU,�� !N� �E7Y ��f�
3�' ��"i' ur 8G9� I-0?��IrrL c'�PP�A�r'a� � — l
7 HAR��• ` a MARTFORD, � V' 1 9 H I� O � SEAL � B�/
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'�.., ,� ; r� �`��,D '� �<<,No�� Brian Hoffman
'�'h�� � +��a �bi � �a�a bry R ►'� � �� Assistant Secretary� BOG�i('� -
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. BOND N0. BOND N0. 8 SB 103207790 BCM
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THE S'CATF. OF TEXAS §
COUNTY OF TARRANT 4
PAYMENT BOND
`'I KNOW ALL MEN BY THESE PRESF,NTS: That we (1) ACE PIPE CLEANING, INC.
, a(2) Corporation of Kansas City, Missouri ,
� h e r e i n a f t e r c a 1 1 e d P r inc i p al , and ( 3) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERI CA
�
a corporation organized and existing under the laws of the State and fully
authorized to transact business in Che State of Texas, as Surety, are held and
� firmly bound unto the City of Fort Worth, a municipal corporatiun organized and
existing under the laws of the State of Texas, hereinafter called Owner, and
� unto all person, firms, and coporatiuns whu may furnish materials, for or
�""
pzrform labor upon the building or improvements hereinafter referrzd to in the
penal sum of:
One Hundred Fifty One Thousand Two Hundred
(S 151,200.00 ) Dollars in lawful money of the United States, tu be paid in Fort
�.
Worth, Tarrant County, Texas, for the payment oE whicll sum well and truty be
� made, we hereby bind uurselves, our heirs, executors, administrat'ors and
successors, jointly and severally, firmly by tllese presents.
t;j THE CONDITION OF THLS OBLIGATION is sucli that Whereas, the Principal
entered into a certain contract with the City of Fort Worth, the Owner, dated
� the day of �,'� 'v A.D., i9 , a copy of which is hereto
atLaclled and made a part hereof, for the cunstruction uf:
�" CLEANING OF LARGE DIAMETER SANITARY SEWER MAINS IN FORT WORTH, TEXAS
�"' designated as Project No.is) PS58-070580174890 , a copy of which
contract is hereto attached, reEerred to and made a part hereof as fully and to
� the same extent as if copied at length herein, such project and constructiun
_ being l�ereinafter referred to as the "work".
J NOW THER�FORE, the cundition uf this ohligation is such that, if the
Principal shall prumptly make payment to all claimants as defined in Article
5160, Revised Civil Statutes of Texas, supplying labor and materials in the
� prusecutiun oE the work provided for in said Contract, then this obligation
shall be null and void, otherwise it shall remain in full force and effect.
�
,
�
THIS ROND IS MADE AND ENTERF.D into solely for tiie protection of all
claiman:s supplying labor and marerial iR the prosecutiun of the work provided
for in said Contract, as claimants are defined in said Article 5160, and a11
such claimants shall have a direct right oE action under the bond as provided in
Article 5160 of the Revised Civil Statutes.
�
.� i"i E S'f :
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(Princjlpal) Secretary
� iS E A L)
PROVIDE� FURTHER, that if ,any legal action be filed upon this bond, venue
shall lie in Tarrant County, State of Texas, that the said SureCy, for value
received, hereby stipulates and agrees that no change, extension vf time,
alteration or addition to the tarms oE tile contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any
wise affect its obligation on this bond, and iC does hereby waive notice of any
s�lch cl�ange, extension of time, alteration or addition to the terms of tlie
contract or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the Owner and the
Contractor shall abridge the right of any beneEiciary hereunder whose claim may
be unsatisfied.
IN WIT[VESS WHEREOF, this instrumenr is executed in seven counterparts eacl�
one of which shall be deemed an original, this the day of�� � j
A.n., 19 - "
ACE PIPE CLEANING, INC.
PRINC PAL (4)
BY:��
rar.riccc M. tsro n, vice rresident
4000 Truman Road
Kansas City, MO 64127
(Address)
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' Witness as to Prin�ipal
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�( o v d i I' �ny� .� ��. � C 1vl d
(Address) '
��'�'�� WITNESS:
���,,�1�, � �;�Z.� �: � - �-��� � '� � �
(Surery) �����
(S E A L)
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Witnes as to Surety
215 Shuman Blvd., Naperville, IL 60563
(Address)
(DC-S/21/70)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Surety
BY : ,� ,�
(Atl-ornc�y�in-fact) (5)
EILEEN LUCITT, ATTORNEY-IN-FAGT
215 Shuman Blvd., Naperville, IL 60563
(Address)
NOTG: Date of Bond must not be prior to
date of Contract
(1) Correct �ame of Contractor
(2) A Corporatiun, a Partnecship or
an Individual, as case may be
(3) Correct name of Surety
(4) If Contractor is Partnecship atl
Partners shoutd execute Bond
(S) A true copy of Power of Attorney
shall be attached to Bond by
Attorney-in-Fact.
J
� . TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARIVIINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
a TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Naperville, IIlinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
� KNOW ALL PERSONS BY TI3ESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CA5UALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
Ocorporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecdcut, and TRAVELERS CASUALTY AND 5URETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafi[er the "Companies") hath made, constituted and appointed, and do by these presents make,
� constitute and appoint: Dwight F. Mitler, David C. Banks, Janice B. Kaplan, Kevin P. Nagel, Jeffrey S. Malecek, Terry J.
Reckamp, Lorraine Pozezinski, Eileen Lucitt, Carol F. Tasciotti, Evonne Brown, Adele M. Korczak, Grace Villarreal, Gail
Schroeder, Craig Goesel, Jeffrey A. Zehr; Rebecca L. Dauparas, Barbara J. Bailey, Chad Berberich, Cindy Genslinger,
�Gina M. Damato, Meredith C. Covelli, Thomas A. Pictor, Juli Giorgianni Erik Janssens, Jane Bronson, Pete A. Turner or
Nan-Yi Chen * *
Dof Naperville, IL, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
the following instrument(s):
by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
� nature of a bond, recognizance, or condidonal undertaking and any and all consents incident thereto
Qand to bind the Companies, thereby as fully and to the sam��xtent as_i£�Lic�.ame.were signed b�theliul�authnrizelt nt't'��Pr�
STATE OF ILLINOIS
� COUNTY OF NILL
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0'�=1�I��.��AL �
GAROL �. YA5Ca0iTl
Notary Public, St�te of illinois
I�r CQmmission Expires 3128103
S-2429 (07-97)
� I� CAROL F. TASCIOTTI a Notary Public in and for said County and
) SS. State, do hereby certify that Resident
) Vice President, and Resident Assistant
Secretary, EILEEN LUCITT Attorney-in-Fact, of
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
who i s personally known to me to be the same person _ whose
name i s subscribed to the foregoi�ig instrument, appeared before me this
day in person, and acknowledged that he signed, sealed and
delivered said instrument, for and on behalf of TRAVELERS CASUALTY
AND SURET'Y COMPANY OF AMERICA, for the uses and purposes
therein set forth. Given under my hand and notarial seal, this day
of 19 99
_ ���
U /
Notary Public
aThis Power of Attorn�e,y and Certi�cate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution vo�ed by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
�AMERICA, TRAVELER� CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASU�.lLTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VO'I'IED: That the si�nature�of sach of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
�President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any'certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for
purposes only 4f executing aa►d attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
aor certificate bearing ��ech 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 upon the Company in the future with respect to any bond or
undertaking to which it is attached.
Q(8-97)
��
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IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS �
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 13th day of May, 1499.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
``�Np SUIIfIYC y,r�tY AHp yG t, GA OV,��,' �+p $UqE�,� _
Q4,� Ut ,ym �� ,q4� R��, /, �pPOR��,
7 W`R��� � W H ONN�. � z��1 9 8 2� O U Sg� �£
� "a+� �, ° 4��*� a; � �< �y g.,,
�r'+''�t . f,� '`61 `��+at b►'y f Ft�� �1�IN0`\ c r� George W. Thompson
Senior Vice President
On this 13th day �of May, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND 5URETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that helshe executed the said instiument on behalf of the corporations by authority of his/her office under the Standing
Resolutions thereof.
T
�G��� mo� C ���,ou�'
ik A���p �Ir `
�� �� My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
�
�
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMFANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this day of �
, 19 .
�
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7�RiFOFiD. � W HARTFORD. < z 1 9 8 2� o SEAL � B�/ :' �' �
;pNN � CONN. � . * � �
�',.,��t • ��„� ��,et Aayac° �`6.r�Ja �j�!<�`o`� Brian Hoffman ' •.' � � _.
, Assistant Secretary, Bor�c�
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THE STATE OF TEXAS
COUNTY OF TARRANT
� by and between the City of Fort Worth, a
home-rule municipal corporation located in Tarrant County, Texas, acting
through its City l�Sanager thereunto duly authorized so to do, Party of the First
Part, hereinafter termed "OWNER", and ACE PIPE CLEANING. INC.
PART G - CONTRACT
X
X
� � � 1�a4o
THIS CONTRACT made and entered into -
of..the City...of . ua„��� r; r� , County of jarkc „
AND State of Missouri + , Party of t�ie Second Part, herein-
after termed "CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and
agreements heceinafter mentioned, to be made and pe�formed by the Party.of
the First Pari (Owner), said Party of the Second Part (Contractor) hereby agrees
with the said Party of the First Part• (Owner) to commence and complete certain
improvements described as follows:
CLEANING OF LARGE DIAMETER
SANITARY SEWER MAINS IN
�,.
��
�
FORT WORTH, TEXAS
PS58-070580174890
and all extra work connected therewith, under the terms as stated in the
Contract Documents, and at his (their) own proper cost and expense to furnish all
the materials, suppiies, machinery, equipment, tools, superintendence, labor,
bonds, insucance, and other accessocies and services necessary to complete the
said construction, in accordance with all the requirements of the Contract
Documents, which include all maps, plats, blueprints and other drawings and
printed or written explanatory matter the�eof, and the specifications thereof, as
prepared by the Engineers employed by the Owner, each of which has been
identified by the endorsement of the Cont�actor and the Engineers thereon,
together with the Contractor's Written Proposal and the other parts of the
Contract Documents hereto attached, including the Fort Worth Water Depart-
ment General Contract Documents and General Spedfications, all of which are
made a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after
the date written notice to do so shall have been given to him, and to substantially
complete same within the time stated in the Proposal.
The Owner agrees to pay the Contractor in cu�rent funds for the
performance of the contract in accordance with the Proposal submitted therefor,
subject to additions and deductions, as provided in the Contract Documents and
all approved modifications thereof, and to make payment on account thereof as
provided therein.
1-1-78 G-1
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I(J WITNESS WHEREOF, the Parties to these presents have executed this . �
Contract i n quadrup�cate i n the year and day fi rst above wri tten.
ATTES T:
�-�`
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i �� _ � �C.�2'L�-�'"'r( %
Gloria Pearson, City Secretary
�SEA�.)
Ci ty of Fort Wort�r�, Texas ( Owner)
Party ofi t Fi r Part
�
B ,
Bob Terrell, City Manager
(� '- � �L'� �
contract Au�horization
9-a�� 99
Date
�JITNr.SSES :
i��
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currTxACTUR:
ACE PIPE CLEANING. INC.
B `'" ��'�
Y
Patrick M. Brown, Vice President
Approved for Fort Worth City Water Department:
,
.�.� � .���� ���
,
Lee C. Bradley, 3r., P. .
Approved as to Form and Legali ty:
�
Wade d'f�., Ci ty Att/prney
v
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City of Fort �Wo.rth, Texas
� • A
�✓1.�� ��ar.. an�1��_.����nc�l C�mmu�t�cAt�an
� ., .
DATE REFERENCE NUMBER '' LOG NAME ' PAGE• •
9�21�99 **C=17651 I �: 60ACE I 1 of 2
SUBJECT APPROPRIATION •�ORD,INANCE AND •AWARD OF CONTRACT TO ACE PIPE
� CLEANING, INC. FOR CLEANING OF LARGE DIAMETER SANITARY SEWER MAINS
� IN FORT WORTH, TEXAS �
RECOMMENDATION: , . . , • � � .
� . . . a�.,,,
It is recommended that the City Council: . . ��°�� e
1. Authorize the transfer of $200,000 from the Water and Sewer Operating Fund to the Sewer Capital
Project Fund; and � �
• ' 4�
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in,the
Sewer Capital Project Fund in the amount of $200,000 from available funds; and� , ,
3. Authorize the City Manger to execute a contract with ACE Pipe Cleaning, inc. in the amount
$200,000 for cleaning of large diameter sanitary sewer. mains in Fort Worth, Texas.
DISCUSSION:
The work to be performed under this contract consists of closed-circuit color television inspection, high-
pressure jet cleaning and heavy mechanical cleaning of large diameter sanitary sewer collector mains
and major mains in various locations in Fort Worth, Texas. This project is a part of the wastewater
collection system preventative maintenance program to eliminate sanitary sewer overflows and
backups.
Cleaning of the large diameter sewers on a regularly scheduled basis will restore hydraulic capacity of
the existing pipelines and �reduce the potential of sewer overtlows. The Water Department is not
currently equipped or staffed to perform cleaning of sanitary sewer mains in sizes ranging up to 96-inch
in diameter. . �
This project was advertised July 22 and 29, 1999. On August 19, 1999, the following bid was received:
BIDDERS BID AMOUNT CONTRACT TIME
ACE Pipe Cleaning, Inc. $151,200 365 Calendar Days
The bid documents included a stipulation that the total quantities listed may not reflect actual quantities
to be used and are based on the budgeted amount of $200,000. Final payments will be made based
on actual measured quantities. The �contract documents also;included a stipulation giving the City the
option to renew this contract three additional times under the same:terms, conditions and unit prices. .
This project is city-wide. , ; .
. �j.'. :
City of Fo�t Wor�th, Texas
A ar Af1t� Cfuflcll Ci11i1f11t�1�111cAt1a11
�� y C �
DATE REFERENCE NUMBER LOG N/XME PAGE
9�21 �99 **C-17651 � 60ACE I 2 of 2
sue�ECT APPROPRIATION ORDINANCE AND ' AWARD OF CONTRACT� TO ACE PiPE
CLEANING, INC. FOR CLEANING OF LARGE DiAMETER SANITARY SEWER MAINS
IN FURT WORTH, TEXAS � . ` �
ACE Pipe Cleaning, Inc. is in compiiance with the City's M/WBE Ordinance by submission and approval .
of a prime contractor waiver form. The waiver form states that the contractor will perform the entire
contract without sub-contractors and suppliers. � .
FISCAL INFORMATION/CERT{FICATION:
The Finance Director certifies that upon approval and completion of recommendation 1, and the
adoption of the attached appropriation ordinance, funds will be available in the current capital budget,
as appropriated, of the Sewer Capital Project Fund. �` � `
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Submitttd for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Lee Bradley, Jr.
Additional Informxtion Contact:
Lee Bradley, Jr.
� FUND
i (to).
� 1 &2 ) PS58
6140 � 2) PS58
8207
8207
(from)
3) PS58
1) PE45
� ACCOUNT � CENTER � AMOUNT
472045 070580174890 $200,000.00
541200 070580174890 $200,000.00
541200 070580174890 $200,000.00
538070 0709020 $200,000.00
CITY 5ECRETARY
. APP��VE�
CITY CQU���L
. SEP �1 1999
�� ��-.�, �
. Citq Secra� af the
C,ity of Fort WoTth, `Texa�
�u�►a��u �r�in�r�c� ��o.l���