HomeMy WebLinkAbout025564 - Construction-Related - Contract - Prose Backhoe & Utilities, Inc.� ...
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SPECIFICATIONS
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COIvTTRACT' DOCUYIEN'I'S
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KEVNE'I'H L. BARR
l��tAYOR
WATFRPROJrC;TNU.: PWi7-0607%U?a�Q40
LEE C. BR�DLEY JR., P.E., DIRECTOR
WATER DEPART�IE.!VT
F'REPARED BY WATFR DEPARTMENT
B �B TERRELL
CITY MANAGER
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EXECUTED
COPY
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OCT-i5-98 �KI C7�5� FT� ��RTH WATER CEFT FA� �0, 817 871 8195 P,O�
�. ._ _ �,
�nDE?�'UC�M No. a
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'�'�iE CITY C)� I�IORTFi RIC�TLr1ND $Y�LS
W�,xER P1203�CT NU. P�Y'7?-OEa77Q250040
DpE ItiO. 2541
pAGEi�F1
This a�dendu�� forna�s �ar� of the Contract docunzents refercz�ced abo�-e an3 mo�.ifies the
ori�i,�al Ct�n,tt�ct Docu:�ents and FLans. Acknowledge receigt, of tl�f s addenr�uTxi by�
si;�ing �,tid attaching it to t�e Conixact bocurriznts (inside,l. Note receipt of t�.e
:�dciendum in the Bid Prt�posal an the aut�r envelape of your �ic�.
PL�A�$il�. Ii'�,.�iF 1�rC1TE OF �'��,+` F+ OLLOW1Ch'G RE�rYSIOrV'S:
PARi S -1'ROPCISAL.
I. The last p�sagraph o� page B-5 shall be delet�c� in its entirety �n.d replacea witin the
follotir :n�: �
TI�.e B:dd.er �grees tu begin c�nstruc;io� within 10 �alend��x days after issuc of the
work or�.er, and to compl�t� *he contract �vithin �5 ealendar days after be ;zzuung
constructian as set forth in the uL-itten work order to be fumished by th� t�w�er.
l�,tl ot'r_er provisivns ot the glans, speci�c�tiuns and consact c'�oeument for tne projeet
�vhi�h are nat e.xpres.,11y� �snended hezeir. sha.li xem�in in fuil force.
i�ailure to zetum a signed co;�y of th� addendum �zth the Proposal shall be grou�ds for
r�� �ing th�•bid non-respor�ive. A signed cogy of this addsndum shall i�c plac�d into the
Proposa: 3i ihe ti��ne of Lid subtnittal.
AVAENDUM 1�T�. 2
�EEC�EI�T AC�:hit)'�V1�.,EIDG�D
Campany: � /1S� ���f �Llr�/ �i�S �LC
�y��� �.�d �d<i��'/i�?�
Lee Srac�dey, P.�., Director
Date: /D -a / -�/ c1
, 1
Approved� -- �
• rank Crum�. P.E.
En�aineerin� Cvordisxato�'
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ADDENDUM NO. 1
FOR
16" WATER METER TO SERVE
THE CITY OF NORTH RICHLAND HILLS
WATER PROJECT NO. PW77-060770250040
DOE NO. 2541
PAGE 1 OF 1
This addendum forms part of the Contract docurnents referenced above and modifies the
original Contract Documents and Plans. Acknowledge receipt, of this addendum by
signing and attaching it to the C•ontract Documents (inside). Note receipt of the
Addendum in the Bid Proposal on the outer envelope of your bid.
PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS:
NOTICE TO BIDDERS:
The bid opening has been changed to October 21, 1999. Bids will be received at the
Purchasing Office until 1:30 P.M., Thursday, October 21,1999, and then publicly
opened and read aloud at 2:00 P.M. •
2. The pre-bid conference has been changed to October 12,1999. The pre-bid
conference will be held at 9:00 A.M., Tuesday, October 12, 1999, in the Water
Department Conference Room 225, 2"d Floor City Municipal Building, 1000
Throckmorton Street, Fort Worth, Texas
All other provisions of the plans, specifications and contract document for the project
which are not expressly amended herein shall remain in full force.
Failure to return a signed copy of the addendum with the Proposal shall be grounds for
rending the bid non-responsive. A signed copy of this addendum shall be placed into the
Proposal at the time of bid submittal.
ADDENDUM NO. 1
RECEIPT ACKNOWLEDGED Lee Bradley, P.E., Director
Company: PiQOSf, Bf3Cfs/�d� � �ti � i�i�5 , ,C.L • � •
By:�(�a.L[./� �..�O,Sf -��.sil��.t,�1`
Date: /O-�/-`/�/
Approved:
Engineering Coordinator
City of FoYt Wo�h, Texas
�I►�Ar�ar And Cc��rlcll Cof�1�ll�t�lcAtlan
DATE REFERENCE NUMBER LOG NAME PAGE
12/21/99 **C-17797 I 60PROSE I 1 of 2
SUBJECT AWARD OF CONTRACT TO PROSE BACKHOE & UTILITIES, INC. FOR THE
CONSTRUCT(ON OF A 16-INCH WATER METER TO SERVE THE CITY OF NORTH
RICHLAND HILLS
RECOMMENDATION:
It is recommended that the City Councii authorize the City Manager to execute a contract with Prose
Backhoe & Utilities, Inc. for the construction of a 16-inch water meter to serve the City of North Richland
Hills on the low bid of $142,082.00.
DISCUSSION:
The City of North Richland Hills is a wholesale water customer of the City of Fort Worth. North
Richland Hills plans to expand the capacity of its water pump station on Western Center Boulevard to
meet increasing demands. In order to accurately meter the water to this pump station, the existing 10-
inch meter must be replaced with a 16-inch meter. Replacement of this meter will increase projected
revenue and increase the reliability of the meter station. A bypass will be added as part of this project
to allow testing of ineter accuracy.
On October 21, 1999, the following bids were received:
BIDDER
Prose Backhoe & Utilities. Inc.
Burleson Utilities, Inc.
Stocker Enterprises, Inc.
Linder-Stahl Construction Company, Inc.
Southern Paradise, Inc.
BID AMOUNT
$142.082.00
$159,161.00
$169,500.00
$190,184.00
$217,895.00
Prose Backhoe & Utilities, Inc. is in compliance with the City's M/UVBE Ordinance by committing to 12%.
M/WBE participation. The City's goal on this project is 10%. .
In addition to contract costs, $7,105.00 is required for contingencies and $14,209.00 is required for staff
project overview. All of the costs associated with this project are considered "system" costs under the
Uniform Wholesale Contract and will be funded by and through wholesale customer rates.
City of Fort Wo�th, Texas
�✓�Ar�c�r. �A11� �aunc�l C,,ammunicAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
12/21/99 **C-17797 60PROSE 2 of 2
SUBJECT AWARD OF CONTRACT O PROSE BACKHOE & TiLITIES, INC. FOR THE
CONSTRUCTION OF A 16-INCH WATER METER TO SERVE THE C1TY OF NORTH
RiCHLAND H1LLS �
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Water �und. . '
MG:j � �
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Lee Bradley, Jr.
Additional Information Contact:
Roy Teal
I FUND � ACCOUNT � CENTER � AMOUNT
� (to)
6140 �
8207 (from)
PW77 541200 060770250040 $142,082.00
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8472 �
CITY SECRETARY
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SPECIFICATIONS
AND
CONTR.ACT DOCUMENTS
FOR
16" WA.TER METER TO SERVE
THE CITY OF NORTH RICHLAND HILLS
DOE # 2541
WATER PROJECT NO.: PW77-060770250040
KENNETH L. BARR
MAYOR
LEE C. BRADLEY JR., P.E., DIRECTOR
WATER DEPARTMENT
PREPARED BY WATER DEPARTMENT
BOB TERRELL
CITY MANAGER
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TABLE OF CONTENTS
Notice to Bidders
Special Instructions to Bidders
Part B-Proposal
Minority and Women Business Enterprises Specifications
Part C-General Conditions
Part D-Special Conditions
Certif cate of Insurance
Contractor Compliance With Worker's Compensation Law
Performance Bond
Payment Bond
Maintenance Bond
Part G-Contract
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NOTICE TO BIDDERS
Sealed proposals for the following:
16" WATER METER
TO SERVE THE CITY OF
NORTH RICHLAND HILLS
bVATER PROJECT NO.: PW77-0607702�0040
DOE # 2541
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be
received at the Purchasing Office until 1:30 P.M., Thur'sday, October 7, 1999, and then
publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Contract
Documents for this project may be obtained at the office of the Departxnent of
Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas.
One set of documents will be provided to prospective bidders for a deposit of $20.00;
such deposit will be refunded if the document is returned in good condition within 10
days after bids are opened. Additional sets may be purchased on a non-refundable basis
for twenty dollars ($20.00) per set.
Bid security is required in accordance with the Special Instructions to Bidders.
A pre-bid conference will be held at 2:00 P.M., Tuesday, September 28, 1999, in the
Water Department Conference Room 225, 2°a Floor City Municipal Building, 1000
Throckmorton Street, Fort Worth, Texas.
The City reserves the right to reject any and/or all bids and waive any and/or all
irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from
the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM
and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received
by the City. The award of contract, if made, will be within forty-nine (49) days after this
documentation is received, but in no case will the award be made until the responsibility
of the bidder to whom it is proposed to award the contract has been verified.
Bidders are responsible for obtaining all addenda to the contract documents and
� acknowledging receipt of the addenda by initialinb the appropriate spaces on the
PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected
as being non-responsive. Information regarding the status of addenda may be obtained by
acontacting the Department of Engineering at (817) 871-7910.
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In accord with City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals
for the participation of minority business enterprises and women business enterprises in
City contracts. You may obtain a copy of the Ordinance from the Office of the City
Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME
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CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM
("Documentation") as appropriate. The managing department must receive the
Documentation no later than 5:00 p.m., five (5) City business days after the bid opening
date. The bidder shall obtain a receipt from the appropriate employee of the managing
department to whom delivery was made. Such receipt shall be evidence that the
Documentation was received by the City. Failure to comply shall render your bid non-
responsive. .
For additional information, contact Roy Teal @ 871-8472.
BOB TERRELL
CITY MAIVAGER
Advertising Dates:
September 9, 1999
September 16, 1999
GLORIA PEARSON
CITY SECRETARY
• Water Department .
L�e C. Bradley Jr., • irector
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By , _ _
Engin�ering Manager
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SPECIAL INSTRUCTIONS TO BIDDERS
1) PREQUALIFICATION REQUIREMENTS: 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 financial 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) calendar 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 to the submitting company. This �
statement must be current and not more than one (1) year old. In the case that a
bidding date falls within the time a new statement is being'prepared, the previous
statement shall be updated by proper verification.
b) For an experience record to be considered to be acceptable for a given project, it
must reflect the experience of the firm seeking qlialification in work of both the
same nature and technical level as that of the project for which bids are to be
received.
c) The Director of the Water Department shall be the sole judge as to the
� acceptability for financial qualification to bid on any Fort Worth tiVater
Department project.
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d) Bids received in eYcess of the bid limit shall be considered non-responsive and
will be rejected as such.
e) The City, in its sole discretion, may reject any bid for failure to demonstrate
experience and/or expertise.
� Any proposals submitted by a non-prequalified bidder shall be returned unopened,
and if inadvertently opened, shall not be considered.
g) The City �vill 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.
2. BID SECURITY: A cashier's check, or an acceptable bidder's band, payable to the
City of Fort Worth, in an amount of not less than five (5%) percent of the largest
possible total of the bid submitted must accompany the bid, and is subject to
forfeiture in the event the successfiil bidder fails to execute the Contract Documents
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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
List, or (2) the surety must have capital and surplus equal to ten times the limit of the
bond. The surety must be licensed to do business in the state of Texas. The amount
of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10)
the total capital and surplus. �
3. BONDS: A performance bond, a payment bond, and a maintenance bond each for
one hundred (100%) percent of the contract price �vill be required, Reference C 3-3.7.
4. 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.
7. NONRESIDENT BIDDERS: Pu�suant to Article 601 g, 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 �vhich the nonresident's principal place of business in located.
"Nonresident bidder" means a bidder whose principal place of business is not in this
state, but excludes a contractor whose ultimate parent company or majority owner has
its principal place of business in this state.
This provision does not apply if this contract involves federal fiinds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in
order for the bid to meet specifications. The failure of a nonresident contractor to do
so will automatically disqualify that bidder.
8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be
paicl within forty-five (45) calendar days after completion and acceptance by the City.
9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the
Federal Government, Contractor covenants that neither it nor any of its officers,
members, agents employees, program participants or subcontractors, while engaged
in performing this contract, shall, in connection with the employment, advancement
or discharge of employees or in connection with the terms, conditions or privileges of
their employment, discriminate against persons because of their age except on the
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bases of a bona fide occupational qualification, retirement plan or statutory
requirement.
Contractor further covenants that neither it nor its officers, members, �agents,
employees, subcontractors, program participants, or persons acting on their behalf,
shall specify, in solicitations or advertisements for employees to work on this
contract, a maximum age limit f.or sucH employment unless the specified maximum
age limit is based upon a bona fide occupational qualification, retirement plan or
statutory requirements.
� Contractor warrants it will fiilly comply with the policy and �.vill defend, indemnify
and hold City harmless against any claims or allegations asserted by third parties or
subcontractor against City arising out of Contractor's and/or its subcontractors'
� alleged failure to comply with the above referenced Policy concerning age
discrimination in the performance of this agreement.
0 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
D subcontractors' alleged failure to comply with the above referenced laws concerning
disability discrimination in the performance of this agreement.
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11. MINORITY AND WOMEN BUSINESS ENTERPRISES: Tn accord with City of
Fort Worth Ordinance No. 11923, the City of fort Worth has goals for the
participation of minority business enterprises and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City
Secretary. 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 your bid non-responsive. The bidder shall submit the MBE/WBE
UTILIZATION FORM, PRIME CONTR.ACTOR WAIVER FORM and/or the
GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The
Documentation must be received by the managing department no later than 5:00 p.m.,
five (5) City business days after the bid opening date. The bidder shall obtain a
receipt from the appropriate erriployee of the managing department to whom delivery
�vas made. Such receipt shall be evidence that the documentation was received by the
City. Failure to comply shall render the bid non-responsive.
12. Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a Minority Business Enterprise
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� (MBE) on the contract'and payment thereof. Contractor further agrees to permit any
. audit and/or examination of any books, records or files in its possession that will
� substantiate the actual work performed by an MBE and/or WBE. The
misrepresentation of facts (other than a negligent misrepresentation) and/or
commission of fraud by the Contractor will be grounds for termination of the contract
� and/or initiating action under appropriate Federal, State or local laws or ordinances
relating to false statements. Further, any such misrepresentation facts (other than a
negligent misrepresentation) and/or commission of fraud will result in the Contractor
�, being determined to be irresponsible and barred from participating in City work for a
period of time of not less than three (3) years.
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Revised 9/24/97
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PART B - PROPOSAL
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PART B - PROPOSAL
This proposal must not be removed from this book of Contract Documents.
� TO: Bob Terrell
City Manager
Fort Worth, Texas
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Fort Worth, Texas
PROPOSAL FOR: The furnishing af all materials, except materials specified to be
furnished by the City, equipment and labor for the installation of a 16" Water Meter &
Vault and aIi necessary appurtenances and incidentai work to provide a complete and
serviceable project designated as:
PROJECT NAME: 16" WATER METER TO SERVE THE
CITY OF NORTH RICHLAND HILLS
Water Project No.: PW77-060770250040
Department of Engineering No.: 2541
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment
and material except as specified to be furnished by the City, which is necessary to fully
complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond,
and such other bonds, if any, as may be required by the Contract Documents for the
performing and completing of the said work. Contractor proposes to do the work within
the time stated and for the following sums:
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ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
(Furnish and install, including all appurtenant work, complete in place, the follo�ving
items)
(D-No. refers to related items in the Part D Special Conditions:)
1. 6 L.F. 6-Inch Ductile Iron Pipe
Class 51; Per Linear Foot:
Three f�u�al,�,o�Si`x�v Dollars $ G,�, �'o
and_�,� � Cents
2. 60 L.F. 10-Inch Ductile Iron Pipe
Class 51; Per Linear Foot:
�ourf�,ot�.�i2���ti�tir�� Dollars $ �7: � �
and ,np � Cents
3. 65 L.F. 16-Inch Ductile Iron Pipe
Class 51; Per Linear Foot:
��h � ,cas�tnd F,�v�iiu��d �� Dollars $/ �d1.6 0
and pn Cents
4. 1 EA. 6-Inch Gate Valve, w/ Cast Iron
Bo;c and Lid, D-14; Per Each:
Siz �� Dollazs $r� o v
and /�� Cents
5. 1 EA. 10-Inch Gate Valve, w/ Cast Iron
Box and Lid, w/Locking Device, '
D-14; Per Each
/Ii�e %tccr��i�'�,t�t�Fi��V Dollazs $9%0•°°
and nn � Cents
:
$ 3��. �o
$'�O�D.bo
$.�;'i�5o � D
$loD • ��
$ 970. ° °
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6. 2 EA. 16-Inch Gate Valve, w/ vault;
Per Each
�£N �ouS�u�CiSeuf.ti•�i����S�x�� Dollazs $S��O.oa
and �J n Cents
$D��
7. 1 EA. Cut-in 16-Inch Gate Valve, w/ vault;
Per Each �
. ��yhf �heusG.�dF,."r,l�f�rur�d.cr%�n�`y-a�wd Dollars dG bo
and �C� Cents $�'�4�0� • $ �%4�a .
8. 2.5 Tons Cast Iron/ Ductile Iron Fittings,
Including concrete to cast iron adapter
and closure section, D-15; Per Ton
SevtiN �h�r�sQnr/F�vE �iter,�l�Dollars
and n D Cents
$,,�G�00,°� $7Soo,��
9. 1 EA. Standard Fire Hydrant, 3'-6"
Bury Depth; Per Each
012r.�1.� ���nnd �'�vs �ivadise� Dollars $I��4 p° $�DP..° o
and . �� Cents
10. 3 V.F. Fire Hydrant Bbl. Extension;
Per Vertical Foot:
�6ur �� �'� ��Y Dollars $ /,S�.eO $ ��Q. ° d
and �.O � Cents
11.
12.
20 C.Y. Crushed Limestone,
as directed by the Engineer, '
D-12; Per Cubic Yard
�; v� hu.r��� Dollars $a25.p0
and �/� Cents
65 L.F. Trench Safety System,
D-14; Per Linear Foot:
�,l�t%r�Sl Dollars � .°�
and �0 Cents
:
$��D.o
0
$ /�0. o
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13. 1 EA. , 16" Meter Vault Assembly �.
Installation (including concrete vault,
' equipment, and electrical controls),
per sheet 4& 8 of plans (Nleter to be
furnished by City)
D-25; Per Each
D�
�L�pL�f����41,� f���Seh� Dollazs $�T,�OO B0 $ pD.
and �Id Cents
TOTAL BID AMOUNT
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PART B - PROPOSAL (Cont.)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and such other bonds as
required by the Contract Documents, for the faithful performance of the Contract. The
attached bid security in the amount of 5% is to become the property of the City of Fort
Worth, Texas, in the event the contract and bond or bonds are not executed and delivered
within the time above set forth, as liquidated damages for the delay and additional work
causedthereby.
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 appricants to the undersigned are not discriminated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7400.
The Bidder agrees to begin construction within 10 calendar days after issue of the work
� order, and to complete the contract �vithin 30 calendar days after beginning construction
as set forth in the written work order to be fumished by the Owner.
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(Complete A or B below, as applicable:)
A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal
� place of business, are required to be percent lo�ver than resident bidders
by state law. A copy of the statute is attached.
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Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
V B. The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
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I(we) acknowledge receipt of the following addenda to the plans and specifications, all of
the provisions and requirements of which have been taken into consideration on
preparation of the foregoing bid:
Addendum No. 1(Initials) �1 Addendum No. 3(Initials)
Addendum No. 2(Initials) 1d1� Addendum No. 4(Initials)
Respectfully submitted,
p/�0�� /R/�.fi/� ��I�i��i���s� �.��C.
By• ..
� v,/i,// i 0 �/�f.��
Title
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Address -
S�l� �9 ,�4.C�/.P. ��
�us�;ti, TX -���y7
Telephone: q�D-y79-a���
(Seal)
Date: /� a� /-�/ 9
:.
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OCT-26-a�� TUE C8 � 5� FT. WORTH WA; ER CEPT FAX r�0, 81 r 871 E 19�
np�
' .C' �� �E�o ' Cit�y of For� Worth
�p � r�ty ans3 Women $usiness Enter�rrise Specificatrons
SP�CIAL INST�iUCTtONS FOR B(DD�R.S
Ap�LiCATtOr� �OF FOLiCY
?, 02
If tf�e :vtai doilar value of the contraet is $25,00� or ma�e, the M�'WBE goai is applic:ble. lf the tota? c!ollar
value ef th�� ,;p��-a�f is less th37 $25,000, the MlWBE qoal ts noi ap��icable.
POLICY STATEMEti1T
It 's the poiicy �f Lhe City of ro�t Wor;h to =nsur� the full 3nd equitab'e p�rtici�iation b�, D�1i^orirylVY��Rl2i1 BUSi�1p5S
En�e�pr'ses (P.1;�rBE) in the pro.::ar=mer.t �F �I goods 2;�d servic�s ia the City on a contra �i��al basls. The ��b;�ctive
ot the Palicp• is ic� (ncre�s�'hE us� o� h'[/l�/BE firrns to a level ca.mpa;abl? t4 the a�iaila�ilir; �` �!r�'fgEs ?hat prov'sds
goods and se;viqes di:ectiy or in�ir�ctly t� the Cijt.
h7lW8� P�?OJECT QUA�S
The City's P.9I3ENVBE G�a! on t`�is projz;;t �s �� °:, cf ina bas? b:� valus of th6 cor,tract.
COMFLIANCF TO $fb SP�CIF�GATtONS
On Cir,r ca�trac,s Cf S25,000 or m•;,re, bid�Ars �re requir2� f0 r,Of'tr!y, w;ti-; ��e lntent of th� Cirf'; M/�,/�lgc Ordinance
bY eiF`?eC Of IfiE f�I1o�:�nt�•
t. !41eet or excead the above $tate6 MJWB� gosl, or;
2. Good F3;th Effort do�urneni�tiort, or;
3• Waiver documenta.ion.
Si18M1TTAL OF REQl,IIRED bUCUll9EN7A7tt�N
The ap,,licaYil� documents musi b@ �eceived by the Managitlg Departrr:�nt, w�tl�tn ihe icllowi�g t;ma. al:oc2ted, in
ord�r for ihe enti:e b;d tc be cor�sidered respo�sive to ihe specifica!ions.
;. �1.'W'8c Utiliza.*ior, Form:
�. ?r:~ne Contracto- ;^iaiver F'orm
3. Goad �,iif� Ftfort Fctrr.:
receivec' by 5:00 p.m., five {5; C(;y husiness days a�ter the
bid oper,ing d:�te, exC(usive ot the bid o�ening dete.
received 'r,y 5:Q0 p.m., five (5) City business days afier ttie
bid openinp date, excfusive of f:�e b:d opening Bate.
received by 5:00 p.m., five (�) C�ty business days after the
bicl openin� date, exciusive of tne bid opening ddte.
I FAILUR� T'O COh1PLY V'JfTH TH� CfiY'S �A/WBE ORDINANC�, tiYELL RE�ULT IN TH� 8IQ BEIf1G
� CaNSIDERED NON-RESPONSIVE TO SPE�iFiGATtONS.
Arty questtans, ple�se cor.taCt the h1/WBE Office at (817} 871-6':04.
Re v. 6�'2lSS
OCT-26-99 T!iE i;b � 5�� FT, WORTH iJATGP, DEFT Fy:� rlU, 817 8 i i 8:y� ?, G3
ATTACHMENT IA
�i.ty of Fort Worth Page 1 of 2
Minority and Wom�n Busines$ Enterprise Sp��iiicatians
MBE/WB� UTILIZATiQN
��POS�. R' '_K�1/�� �-CCr�./��i�s GG� i,o-,�/-y �
PRIME �,QMPAClY NAt;1c BfO G TE
// '� wa��e rh� r�,� �lor�r � c� lati 'ls �w ��-��7 �o a 50o yD
?r�C3�� s.lAD,tE PROJEC7 �UMSEF
I C:f'i'1"S �'L'tiV3iE. �R(��'CC GO_iT.:
I�1.'{vBE t'ExC�:�Z':�,GEaCFrEVED:
�ailu� e to complere this farm, in its eretirQry with suppo�ting decumentation, and r�c�ived by the Managing bepa�cment
on oC befor�e 5:aQ p.m. five f�S) City business days after bid opening, exclusive ot bid opaning date, wi�l rAsuit in ihe bid
8eing considered nan-responsive to bid speci�ications.
7he un.dersignPd bidder agr�2s to enter int� a formal agresment witfi ti�e MB� ancUor VI�'�� firn�s for �work ?isted in this
�.chedute, conditicned upan ex�cution of a contract wilh th� Giiy of Fort Worfh,. The inteniional anCSlor imowing
mi3representakio� of facis is grou�ds for consideration of.disqualiiiaatton and �vi1t resutt in the bid`heing considered
non-res�onsive 4o specifica#ions,
Com��ny Name, Ccniact t�ame,
Address, ard TElepho�te No.
CertiCed
Specifygfl Contracting
Scope o4 work {`)
5pecify Alf ttems to be Uollar Amount
Sc:pplfed;`) �,�.
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Da.rtu.s� .7k . � s .a3�... _._..._ . �
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Nac�a ....s c�:r�-f� S.. ._...._ ...__.. _..__.. �
i�� v-�.t 5--� l 3 9 ,
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, . . ... .,... A
I._._..__ _..__.._..... . ......__.....,...._.....__..._.. �
� , .. � _ ..... .. ...._ ....... _......._....._..__._..._...., ., �
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�........__ ..._ _.._.__ . .............._.__...._........
I.._.., .. .., . .
t..._.. �.., . ..__.._ ...�. ..,....�...ri
l �a �� (,t1�T�/2 l �' �l (p� 50d •� �
m �7�� v�- c. v �
, b1l1M1/EE3 T1Us` he foeatacl in tho y(nina) county markatptacs or currently doing bus�ness Ir. the merKe:plAae at ;he time ot bid.
iC) SF�1fY a�l areas In vrhich iv�waE's ara to ba url�ized ancUor items to ba suppliod:
1(') A mmplrte llsting pE items ta �e suppllod fs raqui.*ed in order to reoeive predit to�1•ard the MlYI�aE g0el.
i(") Identify eaCh TiOr levei. TiaC: Maans the lavei o` SUbCORtraating 5etow ;he pr?mc eontractartcor.sultan:, i,e., a direct paymart
I from the p�irno eontrAGtCr to a subeontractor ia eonside�ed 16� tiar, a pay;nenf by a subcontractor to
+ts suppller is considard 2'0 tier.
Tii;S FO�M MUST sE RECEIVED BY TNE MANAGIIVG DEPARTMENT DY S:OG p.m., Flvr (5) C1?':' SUSINFSS DAYS AFTER BiD
DP�M�NG, EXGLtJSIVE OF THE BIU L�PcNiNG DATE
F e v. 6/7J98
Pagas 1 and 2 of Att�tchmer�t 1A mu5t be received by the Man2ging l3epa�merri
OC I-�6-�� Ti.�E C8 : 59 F►, WORTH IJATEP, GEP i F;�X T10, 8? 7 871 8 i 9�
°, 04
ATTACHMENT lA
Page2of2
c�t of �'ort V1lortn
n�inority and Women �usiness Enterprise Specifications
MBE/WBE UTlL1ZATi�N
Company Nar.�e, Contact Name, Cer:ifiad Spe�ify,l�Il Contractirg Specify All ltems to be
Addf�ss, and Tefephone yo. Scope of Wark (') Suppiied('j �-�-
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S�}�,`5,,, l:Q�s'TP(�10'r1 .�'YIC.
y � 5. � _ ..rrn.en�a.� w _-.T�� ,. �_ ., . .
�,l�lc�.s,._. 7.�x...._7..5. � 3...�?.... . ..... ..,.
. .N_�.��'.Lo . �+d 5..... _... , .. ...... ...._..
a►y,ai5-`�i3�
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Doliar Amount
f(� �� �t7 �i-TSc f2 �� o O
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M 4.7�2. UA�.0 �
'ihe bidder further agrees to p; ovide, diractly to th� Cit�/ upon request, complsZ� and accurate Enformation regarding
aciva! wock performed b�, a11 subcontractors, inciuding C�iBE(s) andldr WBE(s) arrangemenes submitted with this bid.
The bidder elso �grees ta a!tow an audit and/or examinatiar� of any books, �ecords and iilas he!d by thoir company that
vvili substantiate itt4 acta�l work Fertarrned by the MBE(s) and/or WBE(s) on this contract, by as� authorized oSfiicer or
emplayee of th� Cit�f. Any intcnti4nal anct/or knowing misrepresent�tion o'f facts will be gr�unds for termin�ting the
cantract o� de4�arment fram City worK for a periad of not less than ihree (3) years and icr lnitiating action under Federai,
Stat� or Loc:al laws conc�ernir�� false statemerrts. 'Any failure to comply witf� this CCdinanct dnd orcatca a mater'sal
byeaoh of carrtract mAy result in a cEetermination af an irrasponsibla offar�r and barred from p�art3cipating in G1ty work
for a pAriod of time ttot less than one (1) yeas.
, A�.L MBEs and iNBEs Mt;S7 �E GERTIFIED BY THE CITY BEFORE Cdt�I7f�ACT AWARD
�e%/�,� L ��f.,<I�� .I�r��%�� /�r`OS E.
Authcriz�d Signaiure Prin2ed Signature
�,e�s�a°��v �`
TJtle Contact Name and Title (if differcnt)
�°�as � ���°�s�� � i��, �� ��s � � c � �o - y7 y - � >� 3
Company Name Telephone Number {s)
��5y Q���,� .�� �yo-��� aa76
Ad�ress Fax Number
�us,�.iv %x 7��y7 io-a�-��
CityfState2ip CotSe Date
TNIS FtiRM 14ylJST 3E RECESVED BY THE titANAGlN� QEPARTbtENT BY S;Qp p.�r�., FtVE (S) C1TY SUStNEaS pAYS AFi'ER Blp
OPENING, EXCLUSIVE OF THE 81D OPEh1NG DATE
Rev. 612I9A
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Pages ') ant! 2 of Attac�tment 1A must be receiued by thr-_ Managing Departmen.t
ATTACHMENT 1B
Page 1 of 1
Cit of Fort Worth
Minority and Women �usiness Enterprise Specifications
Prime Contractor Waiver
Prime Company Name
Bid Opening Date
Project Name
Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form rnust 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.
Failure to complete this form in its entirety and be received by the Manaqinq Department on or
before 5:00 p.m., five (51 Citv business days after bid openinq, exclusive of the bid opening date,
will result in the bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors? Yes 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, records and files held by their company that will substantiate
the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer
or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds
for terminating the contract or debarment from City work for a period of not less than three (3)
years and for initiating action under Federal, State or Local laws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in a
determination of an irresponsible offeror and barred from participating in City work for a period of
time not less than one (1) year.
Authorized Signature
Title
Company Name
Address
Authorized Signature
Printed Signature
Contact Name (if different)
Contact Telephone Number (s)
Fax Number
Company Name
Rev. 6/2/98
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
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 hidder's method of compliance with the M/WBE goal is based upon demonstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or
knowing misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid
opening date, will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF
FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided
by a M/WBE or non- M/WBE.
(Use addifional sheets, if necessary)
List of: Subcontractinq Opportunities List of: Supplier Opportunities
ATTACHMENT iC
Page 2 of 3
2.) 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 M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated
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 boih. If a facsimile �
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and I
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 M/WBEs 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 additlona! sheet�- if necessary, and attach.)
Company Name Telephone
Contact Person Scope of Work � Reason for
Reiection
ADDITIONAL INFORMATION:
ATTACHMENTIC
Page 3 of 3
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/VUBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work perFormed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit andlor examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
� Attachment 1 C will be contacted and the reasons for not using them will be verified by
the City's M/WBE Office.
Authorized Signature
Title
Company Name
Address
City/State2ip
Printed Signature
Contact Name and Title (if different)
Telephone Number(s)
Fax Number
Date
RPv F,/9l9A
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PART C - GENERAL CONDITIONS
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PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
Cl-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
C1-1.17
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
Contract Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specificatiot�s
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
C1-1
Cl-1
C1-1
C1-1
C1-1
Cl-1
C1-1
Cl-1
Cl-1
C1-1
Cl-1
C1-1
Cl-1
C1-1
C1-1
C1-1
C1-1
C1-1
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
(1)
(1�
(2)
(2>
t2)
(2)
(2)
(2)
(2)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(5)
(6)
(6)
(6)
(6)
(6)
(6)
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 Bid Security
(1)
C2-2 (1)
C2-2 (1)
C2-2 (2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
r
C2-2.7 Delivery of Proposal
C2-2.8 Withdrawing Proposals
C2-2.9 Telegraphic Modification of Proposals
C2-2.10 Public Opening of Proposal
C2-2.11 Irregular Proposals
C2-2.12 Disqualification of Bidders
C3-3
C3-3.1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3.8
C3-3.9
C3-3.10
C3-3.11
C3-3.12
C3-3.13
C3-3.14
C3-3.15
AWARD AND EXECUTION OF DOCUMENTS
Consideration of Proposals
Minority Business Enterpise
Women-Owned Business Enterprise
compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor's Obligations
Weekly Payroll
Contractor's Contract Administration
Venue
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
C4-4.6 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 Field Office
C5-5.7 Construction Stakes
C5-5.8 Authority and Duties of Inspectors
CS-5.9 Inspection
C5-5.10 Removal of Defecti.ve 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 (4)
C2-2 (4)
C2-2 (4)
C2-2 (4)
C2-2 (5)
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C3-3 (1) '
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
G3-3
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)
CS-5
CS-5
C5-5
C5-5
C5-5
C5-5
CS-5
C5-5
C5-5
Worl� C5-5
C5-5
CS-5
C5-5
CS-5
C5-5
C5-5
C5-5
C5-5
(1)
(1)
(2)
(2)
(3>
(3)
(3)
(4)
(5)
(5)
(5)
(6)
(6)
(7)
(7)
(8)
(8>
(9)
(2)
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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,
Alleys, and Right-of-Way
Railway Crossings
Barricades, Warnings and Watchmen
Use of Explosives, Drop �eight, etc.
Work Within Easements
Independent Contractor
Contractor's Responsibility for
Damage Claims
Contzactor's Claim for Damages
Adjustment of Relocation of Public
Utilities, etc.
Temporary Sewer Drain Connections
Arrangement and Charges of Water
Furnished by City
Use of a Section 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 uf the
Work and Annulment of Contract
Fulfillment of Contract
Termination for Convenience of the 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 (2>
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)
(6l
(6)
C7-7 (7)
C7-7 (7)
C7-7 (9)
C7-7 (10)
C7-7 (13)
C8-8 (1)
C8-8 (1)
0
C8-8.3
C8-8.4
C8-8.5
CS-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)
C1-1.3 NOTICE TO BIDDERS: All of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the
notice to bidders.
C1-1.4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together with the bid security, constitutes the
Proposal, which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1.5 BIDDER: Any person, persons, firm, partnership,
company, association, corporation, acting direc�ly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents,
constitutes a bidde.r.
C1-1.6 GENERAL CONDITIONS:
usual construction and contrac
performance of the work so
accordance with the cnstomary
and requirements of the Ci
promulgated ordinances.
Wherever
Conditions
precedence
ThP General Conditions are the
t requirements which govern the
that it will be carried on in
procedure, the local statutes,
ty of Fort Worth's charter and
there may be a conflict between the General
and Special Conditions, the latter shall take
and shall govern.
C1-1.7 SPECIAL CONDITIONS: Special conditions are the
specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions. When considered with the
General Conditions and other ele,nents of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
Cl-1.$ SPECIFICATIONS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship, equipment and services in order to render a
completed and useful project. Whenever reference is made to
standard specifications, regulations, requirements, statutes,
etc., such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
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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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
used, the intent and meaning shall be understood and
interpreted as follows:
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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 separately)
C1-1 (1)
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C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official
of the City of Fort Worth, referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department of the City of Fort
Worth, Texas, or his duly authorized representative,
assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department, or their duly
authorized assistants, agents, engineers, inspectors, or
superintendents, acting within the scope of the particular
duties entrusted to them.
C1-1.20 CONTRACTOR: The person, persons, partnership,
company, firm, association, or corporation, entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative. A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor, supplying labor and
materials or only labor, for work at the.site of the project.
C1-1.21 SURETIES: The Corporate bodies which are bound by
such bonds are required with and for the Contractor. The
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
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, not including Saturdays, Sundays, and legal holidays, in
which the weather or other conditions not under the control of
the Con�ractor 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: Leg�l holidays
prescribed by the City Council of the Cit
observance by City employe�s as follows:
shall be observed as
y of Fort Worth for
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C1-1 (4)
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faithful performance of the contract and include the
following:
a. Performance Bond (see paragraph C3-3.7)
� b. Payment Bond (see paragraph C3-3.7)
c. Maintenance Bond (see paragraph C3-3.7)
d. Proposal or Bid Security (see Special Instructions
� to Bidders, Part A and 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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C1-1.11 PLANS: The plans are the drawings or reproductions
therefrom made by the Owner's representative showing in detail
the location, dimension and position of the various elements
of the project, including such profiles, typical
cross-sections, layout diagrams, working drawings, preliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purpose of showing
changes in the work hereinafter authorized by the Owner. The
plans are usually bound separately from 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 term� 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 Foxt Worth, Texas, or his duly
authorized representative.
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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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C1-1.27 CHANGE ORDER: A"Change Order" is a written
supPlemental agreement between the Owner and the Cont.ractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25� of the amount of the particular item or items in
the original proposal.
All "Change Orders" shall be prepared by the City from
information as necessary furnished by the Contractor.
C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley
shall be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
1. Any type of asphaltic concrete with or without
separate base material.
2. Any type of asphalt surface treatinenL, not
including an oiled surface, with or without
separate base material.
3. Brick, with or without separate base material.
4. Concrete, with or without separate base material.
5. Any combination of the above.
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 city 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 a
(2') feet back of the curb lines o.r Four
the average edge oP 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 gravPl or
similar material othe.r than the natural material found on the
street surface beFore any improvemPnt was made.
C1-1 (6)
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2.
3.
4.
5.
6.
7.
8.
9.
New Year's Day
M. L. King, Jr. Birthd�y.
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
J�nuary 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
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When one of the above named holidays or a special holiday is
� declared by the City Council, falls on Saturday, the holiday
�' shal.l be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
� employees working on working day operations. Employees
working calendar day operations will consider the calendar
holiday as the holiday.
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C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined
herein appear in Cozitract Documents, the intent and meaning
shall be as follows:
AASHTO - American Association of MGD
State Highway Transportation
Officials
ASCE - American Society of Civil
Engineers
LAW - In Accordance 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.
- Asphalt
- Avenue
- Boulevard
- Cast Iron
- Center Line
- Galvanized Iron
- Linear or Lineal
- Pound
- Manhole
- Maximum
- Million Gallons Per
Day
CFS - Cubic Foot per
Second
Min. - Minimum
Mono.- Monolithic
$ - Percentum
R - Radius
I.D. - Inside Diameter
O.D. - Outside
Di3meter
Elev.- Elevation
F - Fahrenheit
C - Centigrade
In, - Inch
Ft, - Foot
St. - Street
CY - Cubic Yard
Yd. - Yard
SY - Square Yar3
L.F. - Linear Foot
D.I. - Ductile Iron
C1-1 (5)
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forms or other parts of the Concract Documents will be
considered as approximate only and will be used for the ,
purpose of comparing bids on a uniform basis. Payment will be
made to the �Cantractor for only the actual quantities of work
performed Qr materials furnished in str.ict accordance with the �''
Contract Documents and Plans. The quantities of work to be
performed and materials to be furnished may be increased or
decreased as hereinafter provided, without in any way
invalidating the unit prices bid or any other requirements of �
the Contract Documents.
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with
the Owner shall constitute all of the information which the
Owner will furnish. Al1 additional information and data which
the owner will supply after promulgation of the formal
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents.
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Bidders are required, prior to the filing oE proposal, to read �
and become familiar with the Contract Documents, to visit the
site of the project and examine carefully all local
conditions, to inform themselves by their own independent �
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of the �
conditions which wi].1 be encountered during the construction
of the project. They must judge for themselves the
difficulties of the work and all attending circumstances "
affecting the cost of doing the work or the time requi�ed for
its completion, and obtain all information required to make an �
intelligent proposal. No information given by the Owner or
any representative of the Owner other than th�t contained in
the Contract Documents and officially promulgated addenda �
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates,
investigation, research, tests, explorations, and other data
wh.ich are necessary for full and complete information upon �
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-Facie evidence that the
bidder has made ti�e investigations, examinations and tests F"�
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will �
not be allowed.
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The logs oF Soil Borings, if any, showing on the plans are for
general information only and may not be correct. Neither the �
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C2-2(2) �--
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SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with
proposal form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
the Bidder's general understanding of the project to be
completed, provide a space for furnishing the amount of bid
security, and state the basis for entering into a formal
contract. The Owner will furnish forms for the Bidder's
"Experience Record," "Equipment Schedule," and "Financial
Statement," all of which must be properly executed and filed
with the Director of the City Water Department one week prior
to the hour for opening of bids,
The financial statement required shall have been prepared by
, an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so
■ prepared as to reflect the current financial status. This
"� statement must be current and 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.
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For an experience record to be considered to be acceptable for
a given project, it must reflect the experience of the firm
seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received, and such experience must have been on projects
completed not more than five (5) years prior to the da�e 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
C2-2(1)
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C2-2.7 DELIVERY OF PROPO5AL: No proposal will be considered
unless it is delivered, accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders." It is the Bidder's sole respansibility to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered.
The Bidd�r must have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL," and the name or description of the project as
designated in the "No�ice to Bidders." The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for
opening proposals. A request for non-consideration of a
proposal must be made in writing, addressed to the City
Manager, and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed m�, at the option of the Owner, be returned
unooened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication �t any time
prior to the time set Por opening proposals, provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such conFirmation is not received
within forty-eight (48) hours after the pr000sal opening time,
no further conside.ration will be given to the proposal.
C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and For which no "Non-consideration Request"
has been received will be publicly opened and read aloud by
the �ity Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders." All proposals
which have been opened and read will remain on file with the
Owner until the contract ha� been awarded. Bidders or their
authorized representatives are invited to be present for the
�pening of bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions, alte.rations of
£orm, additions, or conditions not called for, unauthorized
alternate bids, or irregularities of any kind. However, the
C2-2(4)
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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. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices,
� written in ink in both words and numerals, for which he
proposes to do the work contemplated or 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 in numerals, the price most advantageous to the
City shall govern.
�, If a proposal is submitted by an individual, his or her name
� must be signed by him (her) or his (her> duly authorized agent.
If a proposal is submitted by a firm, association, or
�1 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.
r C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if
they show any alteration of words or fiqures, additions not
' called for, conditional or uncalled for alternate bids,
incomplete bids, erasures, or irregularities of any kind, or
contain unbalance 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" af 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 thr�e 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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Owner reserves the right to waive any and all irregularities
' and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
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C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be
disqualified and their proposals not considered for any of,
but not limited to, the following reason:
a. Reasons for believing that collusion exists among
bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
c. The bidder being interested in any litigation
against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The bidde.r having performed 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:
l. Financial Statement showing the financial
condition of the bidder as specified in Part
"A" - Special Instructions.
2. A current experience record showing especially
the projects of a nature similar to the one
under consideration, which have been
successfully completed by the Bidder.
3. An equipment schedule showing the equipment
the bidder has available for use on the
praject.
The Bid Proposal of a bidder who, in the judgment of the
Engineer, is disqualified under the requirements stated
herein, shall be set aside and not opened.
C2-2(5)
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The Contractor shall po�t the required notice to that �ffect
on the project site, and, at his request, will be provided
assistance by the City of Fort Worth's Equal Employment
Officer who will refe.r any qualified �pplicant he may have on
file in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been
read by the Owner it cannot �e withdrawn by the Bidder within
£orty-five (45) days after the date on which the proposals
were opened.
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C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to ;;�
withholdfinal action on the proposals for a reasonable time,
not to exceed forty-five (45) days after the date of opening �
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the "
proposed awardee...
The award �f the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the �
Owner has notified the Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed �
price totals have been determined for comparison of bids, the
Owner may, at its discretion, .return the proposal security
which accompanied the proposals which, in its judgment, would �
not be considered for the award. All other proposal
securities, usually those of the three lowest bidders, will be
retained by the Owner until the required contract has been �'+
executed and bond furnished or the Owner has otherwise
dianosed of the bids, after which they will be returned by the
City Secretary. ,
C3-3.7 BONDS: With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND: A good and sufficient
performance bond in an amount n�t less than 100 �
pe.rcent of the amou.nt oE the contract, as evidenced
by the proposal tabulation or otherwise, "
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons �°�
against damage by r�ason of negligence of the
Contractor, or improper execution of the work or �
the use o£ inf�rior materials. This perfarmance
C3-3 (2) �
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PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
� C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
basis of the quoted prices, the quantities shown in the
' proposal, and the application of such formulas or other
methods of bringing items to a common basis as may be
established in the Contract Documents.
� The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
� items and such other quoted amounts as may enter into the cost
� of the completed project will be considered as the amount of
the bid.
� Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new proposals, or to
' proceed with the work in any manner as 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 accurat� information regarding
actual work performed by a Minority Business Enterprise (MBE)
' and or a a Woman-owned Business Enterprise (WBE) 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
� disqualification of Contractor at Owner's discretion for
bidding on future Contracts with the Owner for a period of
time of not less than six (6) months.
� C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
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C3-3 (1)
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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 wiil any payments be
due or paid until approval of the bonds by the Owner.
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C3-3.8 EXECUTION OF CONTRACT: Within ten (10) 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 may be required in the Contract �
Documents.
No contract shall be binding upon the owner until it has been �
attested by the City Secretary, approved as to form and
legality by the City Attorney, and executed for the Owner by
either the Mayor or City Manager. �
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the
Awardee to execute the required bond or bonds or to sign the �
required contract within ten (10) days after the contract is
awarded shall be considered by the Owner as an abandonment of ""�
his proposal, and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor, ;�
and it being impracticable and difficult to accurately �J
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 proposal will be considered as an acceptance �
of this provision by the Bidder. ��
C3-3.10 BEGINNING WORK: The Contractor shall not commence �
work until authorized in writing to do so by the Owner. �
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed 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 sha11 not commence work
under this contract until he has obtained all the insurance
required under the Contract Docum�nts, and such insurance has
been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors'
C3-3 (4)
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bond shall guarantee the payment for all labor,
materials, equipment, supplies, and services used
in the construction of the work, and shall remain
in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND: A good and sufficient
maintenance bond, in the amount of not less than
100 percent of the amount of the contract, as
evidenced by the oroposal tabulation or otherwise,
guaranteeing the prompt, full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8.10.
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 and 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 su.rety company doing busi�aess in the
City of Fort Worth, Texas, and whi.ch is acceptable to the
owner. In order to be acceptable, the name of the surety
shall be included on the current U.S. Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
Should any surety on the
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to that effect and the
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contract be determined unsatisfactory
notice will be given the Contractor
Contractor shall immediately provide a
C3-3 (3)
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. 1 e s risk (where above-ground structures
are involved>. „�
6. Contractual Liabili�y (covers all '`'
indemnification requirements of Contract).
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d� AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY --
DAMAGE: The Contractor shall procure and maintain,
during the life of this Contract, Comprehensive '"
Automobile Liability insurance in an amount not ;,�j
less than $250,000 for injuries including
accidental death to any one person and subject to
the same limit for each person an amount not less �
than $500,000 on account of one accident, and
automobile property damag� insurance in an amount
not less than $100,000. i'�
�. SCOPE OF INSURANCE AND SPECIAL HAZARD: The r
insurance required under th� above paragraphs shall �
provide adequate protection for the Contractor and �
his sub-contractors, respectively, against damage
claims which may arise from operations under this
contract, whether such operations be by the insured �
or by anyone directly or indirectly employed by
him, an3 also against any of the following snecial
hazards which may be encountered in the perfo.rmance �
of the Contract.
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f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these Contract ,,,�
Documents in amounts and by carriers sati.sfactory
to the Owner. (Sample attached.) All i�nsurance �
requirements made upon the Contracto.r shall apply
to the sub-contractor, should the Prime
Contractor's insu.rance not cover the
sub-contractor's work operations. "�
q. LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom the
Contractor's insurance and performance, payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 (6) 6]
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certif..icate of insurance for approval. The prime contractor
shall indicate on the certificate of insurance inrluded in thP
documents for execution whether or not his insurance covers
sub-contractors. It is the intentio.n of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors.
a. COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this contract,
Workers' Compensation Insu.rance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors.
In case any class of employees engaged in hazardous
work on the project under this cont.ract is not
protected under the Workers' Compensation Statute,
the Contractor shall provide adequate employer's
general liability insurance for the protection of
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
the life of this contract Contractor's
Comprehensive General Liability Insurance (Public
Liability and Property Damage Insurance) in an
amount not less than $500,0.0� covering each
occurrence on �ccount 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 nolicy coverage.
c. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policzes, and in the amount as set
forth for public liability and property damage,,the
f�llowing insurance:
1. Contingent Liability (covers Gene.ral
Contractor's Liability for acts o.f
sub-contractors).
2.
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Blasting, prior to any blasting being done.
Collapse of bui.ldings or structures adjacent
to excavation (if excavations are to �e
performed adjacent to same).
�amage to underground utilities f_or $500,000.
r3-3 (5)
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matter associated such as maintaining adequate and appropriate �
insurance or security cove.rage f�r the project. Such local
authority for administration of the work under the Cont.ract
shall be maintained until all business transactions executed
as part of the C�ntract are complete. �
Should the Contractor's principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor's assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, 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 requirements is that all matters associated
with the Contracto.r's administration, whether it be oriented
in furthering the work, or other, be gaverned direct by local
authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative
Pail 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)
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City of Fort Worth, Tarrant County, Texas. Each
' such agent shal.l be a dtil.y qualified, one upon whom
service of proces� may be had, and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
� settle with the City of Fort Worth, or ariy other
claimant, any claims that the City of Fort Worth or
� other claimant or any property owner who has been
damaged, may havE ag�inst the Contractor,
insurance, and/or bonding company. If the local
insurance representative is not so empowered by the
' insurance or bonding companies, then such authority
must be vesteci in a local agent or claims officer
residing in the Metroplex, the Fort Worth-Da11as
■ area. The name of the agent or agents shall be set
��4 forth on all of such bonds and certificates of
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insurance.
� C3-3.12 CONTRACTOR'S OBLIGATIONS: Under tlie Contract, the
Contractor shall pay for all materials, labor and services
when due.
' C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
� project at the site of the project shall be furnished to the
Owner's representative within seven (7> days after the close
' of each payroll period. A copy or copies of the applicable
,� minicnum wage rates as set forth in the Contract Documents
shall be kept post�d in a conspicuous place at the site of the
� project at all ti�nes during the course of the Contract.
Copies of the wage rates will be furnished the Contractor, by
' the Owner; however, posting and protection of the wage rates
shall be t'ne responsibility of the Contractor.
' C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a p�rson, p�rsons, partnershi�, company, firm,
association, corporation or other who is approved to do
business with and entor� into a con�ract with the City for
' construction of water and/or sanitary sewer facilities, will
have or shall establish a fully onerational business office
within the Fort Wort'n-Dallas metropolitan arna. The
� Contractor shall charge, delegate, or assign this office (or
he may delegate his Project Superintendent) with Full
authority to transact all business actions required i.n the
,,,� oerfo�mance of the Contract. This local authority shall be
;.dii' made resnonsible to act For tt�e Contractor in all matters
� pertaining ta the work governed by the Contract whether it be
administrative or othercaise and as such shall be empowered,
' thus delegated and dir�cted, to settle all material, labor or
other expenditure.s, all claims against the wark o.r any other
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C3-3 (7)
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waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer
ca'tegories, shall b� inte.rPreted herein as
overall quantities or sanitary sewer pipe i
but not to the various depth categ�ries.
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pipes in depth
applying to the �
n each pipe size,
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contrac�
Documents and in the character or quantities of the work as
znay be necessary or desirable to insure completion in the most
satisfactory manner, prova.ded such changes do not materially
alter the original �ontract Documents or change the general
nature of the project as a whole. Such changes shall not be
considere3 as waiving o.r invalidating any condition or
provision of the Contract Documents.
C4-4.5 EXTRA WORK: Additional work made necessary by changes
and 3lterations o:f the Cont�act Documents or of quantities or
for other reasons f�r which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with tnese
Contract Documents or ap��roved additions theretd; provided,
however, that before any extra work is begun a"Change Order"
shall be executed or written order issued by the Owne.r to do
the work for payments or ciedits as shall be determined by one
or more combination of the following m��thods:
a.
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Unit bid price previously approv2d.
An agreed lu�np sum.
c. The actual reasonable cost of (1) labor, (2> rental
of equipment used on the extra work for the time so
used at Associated �.�eneral Contractors oF America
current equipment r_ental rates; (3) materials
Pntering per�nanently into the project, and (4)
actual cost of ins�i.rance, bonds, and social
security as detzrmined by the Owner, plus a fixed
fee to be agreed upon but not to exceed 10� oE the
actual rost of such extra work. The Eixed f:e is
not to include any addit.ional profit to the
Cont.ractor for rental �f equi�ment owne�3 by him and
used For the extra work. The f�e shall be full and
completP compensation to rover the co�t oE
superintendence, over!�ea�, other prof_it, general
and all other exp�ns� not included in (1), (2),
t3), and (4) ai�ove. The Contractor shall keep
accurate cost records on tha form and iiz the metnod
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C4-4 (2)
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PART C - GENERAL CONDI'rIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite
intention of these Contract nocuments to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish, all in full compliance with the
requirements and intent of the Contract Documents. It is
definitely understood that the Contractor shall do all work as
provided for in the Contract Documents, shall do all extra or
soecial work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
these Contract Documents, furnish all labor, tools, materials,
machinery, equipment, special services, and incidentals
necessary to the prosecution and completion of the project.
C4-4.2 SPECIAL PROVISIONS: Should any work or conditions
which are not thoroughly and satisfactorily stipulated or
covered by GPneral or Special Conditions of these Contract
Documents be anticipated, or should there be any additional
proposed work which is not covered by these Contract
Documents, 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 the Contract nocuments
just as though they were originally written therein.
C4-4.3 INCREASED OR DECREASED QUANTITIES: The Own�r reserves
the right to alter the quantities of the work to be performed
or to extend or shorten the improvements at any time wh2n and
as found to be necessary, and the Contractor shall perform the
work as altered, increas�d or decreased at the unit prices.
Such increased or decreased quantity shall not be more than 25
percent of the contemplat�d quantity of such item or items.
When such changes incr�ase or decrease the original quantity
of any item or items of work to be done or materials to be
furnished by the 25 percent 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 percent 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 allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (1)
shall be presented also a composite graph showing the
anticipated progress of construction wit'n the time being
plotted horizontally and the percentage of com�letion plotted
vertically. The orogress charts shall be prepared on 8-1/2" x
11" sheets and at least five black or blue line prints sha11
be furnished to the Owner.
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT �
FACILITIES: Within ten (10) days prior to submission of
first monthly progress payment, the Contractor shall
prepare and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on �
the work, the date of which he will start th� several major
activities (including procurement of materials, plans, and
equipment) and the contemplated dates for completing the �
same. The schedule shall be in the form of � time schedule
Critical Path Method {CPM) network diagram. As the work
progresses, the Contractor shall enter on the diagram the �
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to reflect any
adjustments in contract time approved Qy the Engineer. �
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
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As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal
and in the technical specifications.
Prior to t�e final drafting of the detailed construction �
schedule, the Contractor shall review the draft sch�dule
with the Engineer to ensure the Contractor's understanding �
of the contract .requirPments.
The following guidelines shall be a3Yiered ta in preparing
the construction schedule:
a. Milestone dates and final nroject completi��n -
dates shall be devetoped to conform to time �
constraints, sequencing requirements and
completion time.
b. The construction procecs shall be divided into
activities with ti.me durations oi approximately
fourt�en (14) days and construction values not to
exceed $50,000. Fabrication, delivery and
submirt�al •�ctivities ar� excec�tiqns to this
guideline.
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suggested by the Owne.r and shall give tne Owner
access to all accounts, bills, vouchers, and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind
' ordered in writing by the Owner_.
instructions, either oral o.r written,
to involve Extra Work for which
' compensation, he shall make written
for written orders authorizing such
beginning such work.
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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 �ayment thereof, and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep ari accurate account of the actual
reasonable cost thereof as provided under method (Item C).
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within five (5) days
before the time for making the first estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering al� labor and
materials expended upon the said Ext.ra Work.
The Contractor shall furnish the �wner such installation
records of all deviations from the original Contract Documerits
as may be necessary to enable t}ie Owner to prepar� for
permanent record a corrected set of plans showing the actual
installation.
The compensation agreed upon for 'extra work' whether or not
iniitiated by a'change order' shall be a full, com�let� and
final payment Eor all costs Contractor incurs as a r�sult or
relating to the change or extra work, whether said costs are
known, �znknown, foreseen or unforeseen at that time, including
without limitation, any costs for delay, extended ovezhea�,
ripple or impact cost, or any ot'ner �f.fect on changed or
unchanged work as a result or the c�iarzge or extr� work.
C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the �ontractor shall submit to the Owner
and receive the Owner'� approval ther�of, a"Schedul� �f
Op�ra'tions," showing by a straight line method the date of
commencing and fi�ishing each of the major elements of the
contract. There shall be also SilOWt1 t'n�� estimated monthly
cost of work for whic,h estimat�s ara to be expectzd. Ther�
ti4-4 (3)
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9. Operational testing.
10. Final inspection.
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If, in the opinion of the Owner, work acc�mplished fall_s _N
behind that scheduled, the Contractor shall take such
action as neces5ary to improve his progress. Ir� additi�n, -
the Owner may require the Contractor to sub�nit a revised �
schedule demonstrating his �rogram and proposed plan to
make up lag in scheduled orogresa and to insure com�letion
of the work within the contract time. If the Owner finds �
the p.roposed plan not acceptable, lie rnay require the
Cant.ractor to increas� the work force, the constructi�n
plant and equipment, the number of work shifts or the "�
�vertime operations �aithout additional cost to the Owner.
Failure of the Contractor to comply with these requirecnents
shall be considered grounds for determination by tlie Owner �
that the Contractor is failing to Prosecute the work with
such diligenc� as wi11 insu.re its comple�ion within the
time specified. �
r4-4 (6)
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c, nurations shall be in calendar days and normal
' holidays an3 weather conditions over the duration
oE the contract shall iae arcounted for within the
duration of each activity.
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d. One critical path shall be shown on the
constructian schedule.
e. Float time is deEined as the amount of time
between the earliest start 3ate and the latest
start date of a chain of activities of the CPM
construction schedule. Float tim� 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 schedule shall as a minimum be divided
into gene.ral categories a� indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14) days duration.
For each general category, the construction schedule shal.l
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For �ach of the trades or subcontracts, the construction
schedule shall indicate the following procurements,
construction and preacceptance activities and events in
their logical sequence for equip.ment and mat�rials.
1.
2.
Freparation and tr.ansmittal of submittals.
Submittal .review periods.
3. Shoo Ea'�rication and delivery.
4. Erzction or installation,
, 5.
, 6.
7.
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Transmittal of manufactur�r's operation and
maintenance instructions.
Installed equipment and matarials t�sting.
Owner's operator instruction (if. applicable).
Final insoection.
C4-4 (5)
C5-5.3 COORDINATION OF CONTRACT DOCUM�NTS: The Contract
Documents are made up of several sections, which, taken
together, are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in a11
sections. In case of discrepancies, figured dimension shall
govern over scaled dimensions, plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over ttiose shown in the proposal.
The Contractor shall not take advantage of any apparznt error
or omission in the Contract Documents, and the Owner shall be
permitted t� make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents. In the event the Contractor discovers an
apparent error or discrepancy, he shall immediateiy call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contr�ctor will be
furnished with tliree 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 shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer, his inspector, and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent, English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor's agent on the work. Such
superintend�nt and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives. Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor's
agent on the work. Such assistant project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the nroject site of a representative of the Contractor to
C5-5 (2)
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PART C - GENERAL
CS-5 CONTROL OF
MATERIALS
SECTION CS-5 CONTROL OF WORK AND MATERIALS
CONDITIONS
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 work in accordance with the contract
documents.
He shall determine the amount and quality of the work
completed and materials furnished, and his decisions and
estimates shall be final. His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract. The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters, the Engineer must, within a reasonable time, upon
written request of the Contractor, render and deliver to both
the Owner and Contractor, a written decision on the matter in
controversy.
C5-5.2 CONFORMITY WITH PLANS: The finished project in all
cases shall conform with lines, grades, cross-sections,
finish, and dimensions shown on the plans or any other
requirements 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.
CS-5 (1)
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These stakes or markings shall be set sufficiently in advance �
of construction operations to avoid delay. Such s�akes or
markings as may be established for the Contractor's use or �
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the ��
opinion of the Engineer, any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by `
the Contractor or a�ny of his employees, the fu11 cost of �
replacing such stakes or marks plus 25$ will be charged
against the Contracto.r, and the full amount will be deducted �
from payment due the Contractor.
C5-5.8 AUTHORITY AND DUTIES OF GITY INSPECTORS: City �
Inspectors will be authorized to inspect all work done and to
be done and all materials furnished. Such inspection may —
extend to all or any part of the work, and the prenaration or
manufacturing of the materials to be used or equipment to be
installed. A City Inspector may be stationed on the work to ,�
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence �
that the materials being furnished or the work being performed
by the Contractor fails to fulfill the requirements of the
Contract Documents, �nd to call the attention of the
Contractor to any such failure or other infringements. Such �'#
inspection or lack of inspection will not relieve the �.
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents. �
In case �f any dispute arising between the Contractor and the �
City Inspector as to the materials or equipment furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment 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 authorized to revoke, alte.r, enlarge, or release �
any requirement of these Contzact Documents, nor to approve or
accept any portion or section of the work, nor to issue any
instructions contrary to the r�quirements of the Contract �
Documents. He will in no case act as superintendent or ��
foreman or,perform any other duties for the Contractor, or
interfere with the management or operation of the work. He R„�
will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard �-
and obey the directions a�d instructions of the City Inspector
or Engineer when the same are consistent with the obligations
of the Contract Docu.ments, Provided, however, should the ,,,�
Contractor object to any orders or instructions of the City
Inspector, the Contractor may within six days ma�e written �
appeal to the Engineer for his decision on the matter in �
controversy.
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CS-5 (4)
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adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property cont�.guous to the
project routing.
The Contractor shall �.rovide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials enterin� 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 representative, shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition. Such a
response shall occur day or night, whether the project is
scheduled on a calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies, omissions, or
corrections necessary to conform with the requirements of the
project specifications or plans, the Engineer shall give the
Contractor written notice that such work or 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 specifically called for. The field office shall
be not less than 10 by 14 feet in floor area, substantially
constructPd,, 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 Engine�r,
will furnish the Contractor 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 measureme.nts wilt be established by means of
stakes or other customary �nethod of marking as may be found
consistent with good practice.
C5-5 (3)
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substitute from that specified and indicating available
maintenance service. No substitute shall be ordered or
installed without the written,approval of Engineer who will be
the judge of the equality and may require �ontractor 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 inc�irectly employed by
either of them from and agaiizst the claims, damages, losses
and expenses (including attorneys fees) arising out of the use
of substituted materials or equipment.
C5-5.12 SAMPLES AND TESTS OR MATERIALS: Wher�, in the opinion
of the Engineer, or as called for in the �ontract 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 Contractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of
materials, unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American
Society for Testing Materials or specific requirements of the
Owner. The Contractor shall provide such facilities as the
Engineer may require for collecting and forwarding samples and
shall not, without specific written permission of the
Engineer, use the materials represented by the samples until
tests have been made and the materials approved for use. The
Contractor will furnish adequate saznples 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 Contactor
shall be responsible for replacing any concret� which does not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prior to the placing of coticrete,
using samples from the same ac3qregate, cement, and mortar
which are to be used later in the concrete. Should the source
of supply change, new tests shall be ma3e 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 Engineer, they shall b� placed
platforms or other har3, clean durable surfaces and
are to be
d so as to
the work.
on wooden
not on the
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C5-5 (6) �
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' C5-5.9 INSPECTION: The Contractor shall furnish the Engineer
with every reasonable facility for ascertaining whether or not
the work as performed is in accordance with the requirements
' of the Contract Documents. If�the Engineer so requests, the
Contractor shall, at any timP before acceptance of the work,
remove or uncover such po.rtion of the finished work as may be
' directed. After examination, the Contractor shall restore
said portions of the work to the standard required by the
Contract Documents.
' Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
� should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
� Contractor's expense. No work shall be done or materials used
without suitable supervision or inspection.
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C5-5.10 R�MOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials, or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by
the Contractor at his own expense. Work done beyond the lines
and grades given or as shown on the plans, except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the
Owner. Work so done may be ordered removed at the
Contractor's expense. Upon the failure on the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauth�rized work to be removed, and the cost
thereof may be deducted fr�m any money c�ue or to become due to
the Contractor. Failure to require the removal of any
defective or unautharized 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 equipment specified, and if Cont.ractor wishes to
furnish or use a proposed substitutP, he shall, prior to the
preconstruction conFerence, make written application to
ENGINEER for approval of such substitute certifying in writing
that the proposed substitute will perEorm adequately the
functions called for by th� general design, be similar and of
equal substance to that specifie3 and be suited to the same
use and capable of performing the same function as that
specified; and identifying all variations of the proposed
C5-5 (5)
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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
shor't as possible.
Thank you,
Contractor
Address Phone
b. Emergenc�: 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 oE the Contractor, any other
Contractor or any sub-contractor shall suffer 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: Cle�n-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-f�urs fours after
written notice is given to the Contractor that the clean-up on
the job sit� is proceeding in a manner unsatisfactory to the
Engineer, if the Contractor fails to correct the
C5-5 (8)
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materials shall b
prompt inspection.
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be placed under cover when directed. Stored
e placed and located sa as to faci.litate
C5-5.14 EXISTING STRUCTURES AND UTILITIES: The location and
dimensions shown on the Plans relative to existing utilities
are based on the best information available. Omission from, or
the inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of,
existing underground utilities. The location of many gas
mains, water mains, conduits, sewer lines and service lines
for all utilities, etc., is unknown to the Owner, and the
Owner assumes no responsibility for failure to show any or all
such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure
will not be considered sufficient basis for claims for
additional compensation for Extra Work or for increasing the
pay quantities in any manner whatsoever, unless an obstruction
encountered is such as to necessitate changes in the lines and
grades of considerable magnitude or requires the building of
special works, provi�ion for which is not made in the Co�tract
Documents, in which case the provision in these Contract
Uocuments for Extra Work shall apply.
It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advance of construction in order that he may negotiate such
local adjustments as necessary in the construction process to
provide adequate clearances. The Contractor shall take all
necessary precautions in o.rder to protect all existing
utilities, structures and service lines. Verification of
existing utilities, structures and service lines shall include
notification of all utility companies at least forty eight
(48) hours in advance of construction including explora�tory
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 prosectuion of
work where the int�.rruption of service is necessary,
the Contractor, at least 24 hours in advance, shall
be r�quired to:
l. Notify the Wat�r Department's Distribution
Division as to location, time, and schedule of
service interruption.
' C5-5 (7)
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' unsatisfactory procedure, the City may take such direct action
as the Engineer deems appropriate to correct the clean-up
deficiencies cited to the Contractor in the written notice,
t and the costs of such direct action, plus 25$ of such costs,
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 ordPrly
� 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 mate.rials and
equipment in a bright, clean, polished and new appearing
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 made. Such inspection
� will be made within 10 days after such notification. After
such final inspection, if the work and mat�.rials and equipment
are found satisfactory, the Contractor will be notified in
t writing of 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.
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C5-5 (9)
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C6-6.4 SANITARY PROVISIONS: The Contractor shall establish
and enforce among his employees such regulations 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 creation 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 from 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.
Al1 sanitary laws and regulations of the State of Texas and
the City shall be strictly complied with,
C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment
stored about the work shall be so p�laced 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 convenient ingress and egress to property contiguous to
the work area. The Contractor shall make adequate provisions
to render reasonable ingress and egress for normal vehicular
traffic, except during actual trenching or pipe installation
operations, at all driveway crossings. Such provisions may
include bridging, placement of crushed stone or gravel or such
other means of providing proper ingress and egress 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 Engine�r 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 work shall be placed so
as not to endanger the work or prevent free access to all fire
hydrants, fire alarm boxes, police call boxes, water valves,
C6-6 (2)
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PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
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SECTION C6-6 LEGAL RELATIONS 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 affect the conduct
' of the work or his operations, and shall observe and comply
with all orders, laws, ordinances and regulations which exist
or which may be enacted later by bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or
' ignorance thereof will be considered. The Contractor and his
Sureties shall indemnify and save harmless the City and all of
its officers, agents, and employees against any and all claims
' or liability arising from or based on the violation of any
such law, ordinance, regulation, or order, whether it be by
himself or his employees.
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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 of 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-marks, 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 infringement 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 work 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 infringed 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.
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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: When the work encroaches upon any
right-of-way of any railway, the City will secure the
necessary eas�ment 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 be 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.
Al1 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)
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gas valves, or manholes in the vicinity. The Owner reserves
the right to remedy any neglect on the part of the Contractor
as regards to public convenience and safety whicli 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, Traffic Engineer, and Police
Department, when any street or alley is requested to be closed
or obstructed or any fire hydrant is to be made inaccessible,
and, when so directed by the Engineer, shall keep any street,
� streets, or highways in condition for unobstructed use by fire
apparatus. The Contractor shall promptly notify the Fire
� Department Headquarters when all such obstructed streets,
alleys, or hydrants are again placed back in service.
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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 payment will 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 Engineer. A
reasonable amount 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)
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advance 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 bocuments, or the use of
explosives is requested, the Contractor shall submit notice to
the Engineer in writing twenty-four hours prior to commencing
and shall furnish evidence triat he has insu.rance coverage to
protect against any damages and/or injuries arising out of
such use of explosives.
All claims arising out of the use of explosives shall be
investigated and a written report made by the Contractor's
insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the
City or the claimant. The City shall proceed to give notice
to the Contractor of any such claim. The use of explosives
may be suspended by the Engineer if any complaint is received
and such use shall not be resumed until the cause of the
complaint has been addressed.
Whenever explosives are stored or kept, they shall be stored
in a safe and secure manner and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the
care of a competent watchman at all times. All vehicles in
which explosives are being transported shall be plainly marked
as mentioned above and shall, insofar as possible, not use
heavy traffic routes.
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C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over,
through, or into private property, the Owner wi11 provide such �
right-of-way or easement p.rivileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or work area considered necessary by the
Contractor shall be provided by him at his own expense. Such i
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 specifically
provided otherwise, the Contractor shall clear all "�
rights-of-way or easements oE obstructions which must be
removed to make possible proper prosecution of the work as a �
part of the project construction operations. The Contractor
shall be responsible for the preservation of and shall use
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C6-6 (6) '
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' The Contractor will not remove any regulatory sign,
instructional sign, street name sign, or other sign which has
been erected by the City. If it is determined that a sign
� must be removed to permit required construction, the
Contractor shall contact the Transportation and Public Works
department, Signs and Markings Division (phone number
� 8780-8075), to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a
temporary sign meeting the requirements of the above
referenced manual and such temporary sign must be installed
' prior to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the
required specifications, the permanent sign shall be left in
�place until the temporary sign requirements are met. When
� construction work is completed to the extent that the
permanent sign can be re-installed, the Contractor shall again
contact the Signs and Markings Division to re-install the
� permanent sign and shall leave his temporary sign in place
until such re-installation is completed.
' The Contractor will be held responsible for all damage to the
work or the public due to failure of barricades, signs,
fences, lights, or watchmen to protect them. When�ver
� 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.
' No compensation, except as specifically 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, signs, fences, and lights or
for salaries of watchmen, for the subsequent removal and
disposal of such barricades, signs, or for any other
' incidentals 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
� which unit or lump sum prices are requested in the Proposal.
C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the
� Contractor elect to use explosives, drop weight, etc., in the
prosecution of the work, the utmost care shall be exercised at
all times so as not to endanger life or property. The
Contractor shall notify the proper representative of any
' public service corporation, any company, individual, or
utility, �nd the Owner, not less than twenty-four hours in
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proposal. Therefore, no separate payment shall be allowed �
for any service associated with this wor�.
In case of failure on the part of the Contractor to restore �
such property to make good such damage or injury, the Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardous condition
results, proceed to repair, 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 monies due or
to become due to the Contracto.r under this Contract. �
C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed
by the parties hereto that Contractor shall perform all work 1
and services hereunder as an independent contractor, and not
as an officer, agent, servant or employee of the Owner.
Contractor sha11 have exclusive control of and the exclusive
right to control the details of all the work and services '
performed hereunder, and all person� performing same, and
shall be solely responsible for the acts and omissions Qf its
officers, agents, servants, employees, contractors, r
subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between Owner and
Contractor, its officers, agents, employees, contractors and �
subcontractors, 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 covena.nts and agrees to, and does hereby indemnify,
hold harmless and defend Owner, its officers, agents,
servants, and employees from and against any an all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real o.r �sserted, arising out of or in
connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents,
employees, contractors, subcontractors, licensees 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 liability and respon�ibility of Owner, its
officers agents, servants and employees For property damage or
loss, and/or personal injuries, including death, to any and
all persons of whatsoever kind or characte.r, whether real or
asserted, arising out of or in connection with, directly or
indirectly, the work and services to 'oe performed hereunder by
Contractor, its officers, agents employe�s, rontractors,
subcontractors, licensees and invit�es, whethzr or not caused,
C6-6 (8)
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every precaution to prevent damage to all trees, shrubbery,
plants, lawns, fences, culverts, curbing, and all other types
of structures or improvements, to all water, sewer, and gas
lines, to all conduits, overhead pole lines, or appurtenances
thereof, including the construction of temporary fences, and
to all otner public or private property along adjacent to the
work.
The Contractor shall noti.fy the proper representatives of
owners or occupants of public or private lands or interest in
lands which might be aff�cted by the work. Such notice shall
be made at least 48 hours in advance of the beginning of the
work. Notices shall be applicable to both public and private
utility companies or any corporation, company, individual, or
other, either as owners or occupants, whose land or interest
in land might affected by the work. The Contractor shall be
responsible for all damage or injury to property of any
character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work,
or at any time due to defective work, material, or equipment.
When and where any direct or indirect or injury is done to
public or private property on account of any act, omission,
neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof on the part of the
Contracto.r, he shall restore or have restored at his own cost
and expense such property to a condition at least equal to
that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise replacing and restoring as
may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the owner of the
property and the Engineer.
Al1 fences encountered and removed during construction of
this project shall be restored to the original or a better
than original condition upon completion of this project.
When wire fencing, Pither wire mesh or barbed wire is to be
crossed, the Contractor shall set cross braced posts on
either side of permanent easement before the fence is 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 easem�nts limits, before the fence is cut.
Temporary fencing shall be erected in pl�ace of the fencing
removed whenever the work is not in progress and when the
site is vacated overnight, and/or at all times to prevent
livestock from entering the construction area. The cost for
fence removal, temporary closures and replacement shall be
subsidiary to the various items bid in the project
C6-6 (7)
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in whole or in part, by alleged negligence of officers,
agents, servants, employees, cantractors, subcontractors,
licensees o.r 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 Department, as evidenced by a
final inspection, final payment to the Contractor shall not be
' recommended by the Dir.ector of the Water Department for a
period of 30 days after the date of such final inspection,
unless the Contractor shall submit written evidence
I satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
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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 �ontractor arising out of the
performance of such work, and such semi-final payment may then
be recoznmended by the Director.
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:
1. The claim has been settled and a release has been
obtained from the claimant involved, or
2. Good faith efforts havn been made to settle such
outstanding claims, and such good faith efforts
have failed.
If condition (1) above is met at any time within the six month
period, the Director shall recommend that the final payment to
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
C6-6 (9)
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thereof by action of the elements or from any cause
whatsoever, whether arising from the execution or nonexecution
of the work. The Contractor shall rebuild, repair, restore,
and make good at his own expense all injuries or damage to any
portion of the w�rk occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer
or any order by the Owner by payment of money or any payment
for or acceptance of any work, or any extension of time, or
any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver o£ any
breach or Contract shall not be held to be a waiver of any
other or subsequent breach.
The Owner reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to
adjust the same to meet the requirements of the Contract
Documents.
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C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying
out the provisions of these Contract Documents or in ,�
exercising any power oF authority granted thereunder, there
shall be no liability upon the authorized 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
pursuant the provisions of Article 20.04 (H) of the Texas
Limited Sales, excise, and Use Tax Act, the Contractor may
purchase, rent or lease all materials, supplies and equipment
used or consumed in the performance of this contract by
issuing to his supplier an ex�mption certificate in lieu of
the tax, said �xemption certificate to co►nply with State
Comptroller's Ruling .007. Any such exemption certiEicate
issued by the �ontractor in lieu of thP tax shall be subject
to and sha.11 comply with the provisions of State Comptroller's
Ruling .011, and any other applicable State Comptroller
rulings pertaining to the Texas Limited Sales, Excise, and Use
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City
of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (H) of the Texas
limited Sales, F.xcise, and Use Tax Act, the Contractor can
probably be e.xempted in the same manner stat�d ai�ove.
C6-5 (12)
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received from these t�mporary connections until such times as
the pezmanent 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. Al1 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.
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.
All 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.
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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. All 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.
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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 neces�ary
precaution to prevent injury or damage to the work or any part
C6-6 (11)
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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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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 sequence requested of all construction �perations 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 speeification 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 cha.nge in the
contract time.
C7-7.4 LIMITATIONS OF OPERATIONS: The working operations
shall at all times be 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 �ontractor
has obstructed or closed or is carrying on operations in a
portion of a street or public way greater than is necessary
for the proner execution of the work, the Engineer may require
the Contractor to finish the section on which operations are
in progress before the wark is commenced on any additional
sectian 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. All otl�er workmen, including equipment
operators, may be imported only after the local suQply is
exhausted. The Contractor shall e.mploy only such
superintendents, foremen, and workmen who ar� car2ful,
competent, and fully qualif_ied to o�rforrn t'ne duties or tasks
assigned to them, and the Engineer may demand and secure the
summary dismissal of any person or persons employed by the
Contractor in o.r about or on the work who, in the opinion of
the Owner, shall misconduct himself or b� �ound to b�
incompetent, disrespectful, intemperatz, dishonest, or
C7-7 (2)
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PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
' SE TI N - E
C 0 C7 7 PROS CUTION AND PROGRESS:
tC7-7.1 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 shall 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.
' 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 laankruptcy, 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
1 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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C7-7.7 TIME OF COMMENCEMENT AND CUMPLETION: The Contractor
shall commence the working oQerations �caithin the time
specified in the Contract Documents and set forth in the Wark
Orde.r. Failure to do so shall be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner
may proceed as he sees fit.
The Contractor shall maintain a rate of �orogress such as will
insu.re that the whole work will be perform�d and the premises
cleaned up in accordance with the Contract Documents and
within the time established in such documents and such
extension of time as may be properly authorized by the Owner.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request
for an extension of time of completion shall be considered
only when the request for such extension is submitted in
writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an
extension of the time of completion be requested such request
will be for_warded to the City Council for approval .
In adjusting the contract time For coznpletion of work,
consideration will be given to unforseeable causes 'aeyond the
control of and without the fault �r negligence of the
Contractor, including but limited to acts of the public enemy,
acts of the Owner, fire, flood, tor�nadoes, epidemics,
quarantine restrictions, strikes, freight embargoes, or delays
of sub-contractors due to such causes.
When the dat� of completion is based on a calendar day bid, a
request for extension of time because nf inclement weather
will not be considered. A request for extension of time due
to inability to obtain supplies arid materials will be
considered only when a review of the Contractor's purchase
order dates and other pe.r�inent data as requested by the
Engineer indicates that the Cont.ractor has made a bonafide
attempt to secure delivery on schedule. This shall include
efforts to obtain t'ne supplies and marerials from alternate
sources in case the first source cannot make delivery.
If satisfactory e.xecution and completic�n of the contract
should require work and materiats in greater amou��ts o.r
quantities than those set forth in the approved Contract
Documents, then the contract time may be in:r�ased by Change
Order.
C7-7.9 DELAYS: The Contr�ctor shall receive no compensation
for delays or hindranc�s to the work, except when 3irect and
unavoidable extra cost to the Contractor is caused by thz
failure of the City to provid� information or material, iF
C7-7 (�?
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otherwise objectionable or neglectful 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 the.reon
without written consent of the Engineer.
All workmen shall have sufficient skill, ability, and
' experience to properly perform the work assigned to them and
operate any equipment necessary to properly carry out the
performance of the assigned duties.
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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 satis£actory rate of
progress. All equipment, tools, and machinery used for
handling materials and executing any pa.rt of the work shall be
subject to the approval of the Engineer and shall be
maintained in a satisfactory, safe and efficient working
condition. Equipment on any portion oF the work shall be such
that no injury to the work, workmen or adjacent property will
result from its use.
C7-7.6 WORK SCHEDULE: Elapsed working days shall be computed
starting with the first day of work completed as defined in
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 o.r
Legal Holidays, providing that the fo]_lowing requirements are
met:
a. A request to work on a specific
Legal Holiday �nust be made to th�
than the proceeding Thursday.
Saturday, Sunday or
Engineer no later
b. Any work to 'oe done on the p.roject on such a
specific �aturday, Sunday or Legal Holiday must be,
in the opinion of the Engineer, essential to the
timely completion of the project.
� The Engineer's decision shalt be final in response to such a
request for approval to work on a specific Saturday, Sunday or
Legal Holiday, and no extra compensation shall be �llowed to
� the Contractor for any work perEornnPd on such a specific
� Saturday, Sunday or Legal �3oliday.
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Calendar Days shall be defined in C1-1.24 and the Contractor
may work as h� so dzsires.
C7-7 (3)
$ 500,001 to $1,000,�00 inclusive $ 315.00
$1,000,001 to $2,000,000 inclusive $ 420.00
$2,000,001 and ove.r $ 630.00
The parties hereto understand and agree that any harm to the
City caused by the Contractor's delay in completing the work
hereunder in the time soecified by the Contract Documents
would be incapable or v�ry dif:Eicult of accurate estimation,
and that the "Amount of Liquidated Damages Per Day", as set.
out above, is a r_easonable forecast of just compensation due
the City for harm caused by any delay.
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall
suspend operations on such part or parts of the work ordered
by any court, and will not be entitled to additional
compensation by virtue of such court order. Neither will he
be liable to the City in the event the work is suspended by a
Court Order. Neither will �he Owne.r be liable to the
Contractor by virtue of any Court Order or action for which
the Owner is not solely responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right
to suspend the work operation wholly �r in part for such
period or periods of time as he may deem necessa.ry due to
unsuitable weather conditions or any other unfavorable
conditions which in the apinion of the Owner or Engineer cause
further prosecution of the work to be unsatisfactory or
detrimental to the interest of the project. During tecnporary
suspension of work covered by this contract, for any reason,
the Owner will mak� no extr� paym�nt for stand-by time of
construction equipment and/or const.ruction cre�ws.
If it should beco�e n�c�ssary to suspend work for an
indefinite period, the Contractor shall store all materials in
su�h manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shatl take
every precaution to prevent dama�e or deterioration of the
work performed; he shall provide suitable drainage about the
work, and erect tecnpo.rary structures where necessary.
Should the Contractor not be ab12 to comZ�lete a portion of the
project due to causes beyond the control o.f and without the
fault or negligence of the Contractor as set forth in
Paragraph C7-7.8 E�TENSION OF THE 'rIME OE COMPLETION, and
should it be determined by mutual consent of the Contractor_
and the Engineer that a solution to allow construc�tion to
proceed is riot �v�ilabte wit�zin a reasanable period of time,
then the Contractor may be reimbursed f�r the cost of moving
his equipment off the job and returning �the necessary
equipment to the job when it is determined by the Engineer
C7-7 (6)
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' any, which is to be furnished by the City. When such extra
compensation is claimed a written statement thereof shall be
presented by the Contractor to the Engineer and if by him
� found correct shall be approved and reFe.rcred 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 qiven by the Engineers to stop
work, or by the performance of extra work, or by the failure
of the City to provide material or necessary instructions for
carrying on the work, then such delay will entitle the
' Contractor to an equivalent extension of ti�ne, his application
for which shall, however, be subject to th� approval of the
City Council; and no such extension of time shall rPlease the
� Contractor or the surety on his perFormance bond from all his
obligations hereunder which shall remain in full force uatil
the discharge of the contract.
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C7-7.10 TIME OF COMPLETION: The time of completion is an
essential element of the contract. Each bidder shall indicate
in the appropriate place on the last page oF the Proposal the
number of working days or calendar days that he will require
to fully complete this contract or the time of completion will
b� specified by the City in the Proposal section of the
contract documents.
"' The number of days
the time required to
� contract being bid
successful bidder
completion specified
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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 of
in the Contract �ocuments.
For each calendar day that any work shall remain uncompleted
after th2 time specified in the Contract Documents, or the
increased time granted by the Owner, or as atitomatically
increased by additional work or materials ord�red after the
contract is signed, the sum per day given in the following
schedule, unless otherwise specified in other parts of the
Contract Docuiaents, will be deducted from moni�s due the
Contractor, not as a penalty, but as liquid3ted damages
suffered by the Owner.
AMOUNT OF CO[�TRACT
Less than $ 5,000
$ 5,001 to $ 15,000
$ 15,001 to $ 25,000
$ 25,001 to $ 50,000
$ 50,001 t� $ 100,000
$ 100,001 to $ 500,�00
C7-7 (5)
inclusive $
inclusive $
inclusive $
inclusive $
inclusivs $
inclusive $
35.00
45.00
63.00
105.00
154.00
210.00
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b. Substantial evidence that progress of the work �
operations by Contractor is insufficient to �
complete the work within the specified time.
c. Failure of the Contractor to provide and maintain ��
suffirient labor and equipment to properly execute
the working operations. _
d. Substantial evidence that the Contractor has �
abandoned the work.
e. Substantial evidence that the Contractor has become
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insolvent or bankrupt, or. otherwise financially
unable to carry on the work satisfactorily. *�
f. FailurP on the part of the Contractor to observe
any requir�ments of the Contract Documents or to
comply with any orders given by the Engineer or
Owner provided for in these Contract Documents.
g. Failu.re of the Contractor promptly to make good any ,�
defect in materials or w�rkmanship, or any defects
of any nature the correction of which has been
directed in writing by the Engineer o.r the Owner. �
h. 5ubstantial evidence of collusion for the purpose
of illegally procuring a contract or perpetrating ,
fraud on the City in the construction of work under
contract. �
i. A substantial indication that the Contr3ctar has
made an unauthorized assignment ot the contract or
any funds due therPfrom for the benefit of any
creditor or for any other purpose.
j. If the Contractor shall for any cause whatsoever
not carry on the working operation in an acceptable
manner..
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k. If the Cont.ractor commences legal actiun against
the Owner. �
A copy of the suspension order or action of the City Council �
shall be served on the Cantractor's Sureties. When work i�
susnended for any cause or causes, or when the contract is ��
cancelled, the Contractor shall discontinue the work or such
part therQof as the Owner shall designate, whereupon the
Sureties may, at their o�otion, assume t'ne rontract ar that �
portion thereof which the Owner has ordered the Contractor to
discontinue, and may perform th� same or may, with the written
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that construction may be rasumed. Such reimbu.rsement shall be
based on actu�l cost to the Contractor �f moving the equipment
and no orofit will be allowed.
No reimbursem�nt shall be allowed if_ the equipment is mov�d to
another construction project ior the City oF Fort 'vVort}i.
The Contractor sha11 not suspend work without written notice
�rom the Engineer and shall proceed with the work operations
promptly when notified by the Engineer to so resum�
operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the
President o� the United States or other lawful authority, it
becomes impossible for the Contractor t� obtain all of the
necessary labor, materials, and eguipment for the prosecution
o.E the work with reasonable continuity For a period of two
months, the Contractor shall within seven days notify the Cit_y
in writing, giving a detailed statement of tne efforts w'nic:�
have been madP and listing all necessary items of labo.r,
materials, and equiprnent not obtainable. If, after
investigations, the Owner finds that such conditions existing
and that the inability of the Contractor to proceed is not
attributable in whole or in part to the fault or �ieglect of
the Contract, then i.f_ the Owner cannot after reasonable effort
assist the Contractor in procuring and making available the
nec�ssary labor, materials and equipment within tl�irty days,
the Contractor may request the Owner to terminat� the contr.act
and the �wner may comply wit)i the request, �nd th? termination
shall be conditioned and bas�d uvon a.E.inal �ettlement
mutually acceptable to both th� Owner an3 the Contractor and
final nayment shall be made in acrordance with the tarms o:E
t'n� agreed s�ttlement, which shall include, but not be limite3
to, the p�yment Eor all work executed but no antir_ivat�d
orofits on work which has not been perf�rmed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT OF
CQNTRACT: The work o�oerations on a11 or any portion or
section of the work under Cont.ract s'nall be suspendecl
imme�iat�Zy on writte.n order ��£ the Engineer or the �ontra�.t
may b� declared cancell�d by t'.ie Ci.ty Council Eor any good and
suff icient cause. The fo.11o��ving, ?�y way of �:xample, 'raut not
oE limitation, may be consid�red grounds E�r susgension ar
cancellation:
a. Failure of the Contractor to commence work
o�erations within th� ti�n� specified in the Work
Order issued by the Owner.
�7-7 (7)
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been finished and completed, the final inspection made by the
Engineer, and the final acceptance and final payment made by
the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. NOTICE OF TERMINATION: The performance of the work
under this contract may be terminated by the Owner
in whole, or from time to time in part, in
accordance with this section, whenever the Owner
shall determine that such termination is in the
best interest of the Owner. Any such termination
shall be effected 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 upon which such
termination becomes effective. Receipt of the
notice sha11 be d�emed co�nclusively presumed and
established when the letter is placed in the United
Stat�s Mail by the Owner. Further, it shall be
deemed conclusively presumed and established that
such termination is made with just cause as therein
stated; and no proof in any claim, demand or suit
shall be required of the Owner regarding such
disc.retionary action,
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B. CONTRACTOR ACTION: After receipt of a notice oE �
termination, and exc�pt as ottierwise directed by
the Engineer, the Contractor shall: _
1. Stop work under thz contzact on the date and
to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for
materials, services or facilities except as
may be necessary for completion of such
portion of the work under the contract as is
not terminated;
3. terminate all or_ders and subcontracts to the
extent that they relate to the performance of
work t�rminated by the notice of termin�tion;
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4, transfa_r t.itle to the �wner and deliver in "�
the mannsr, at th¢ times, and to th� extent,
if any, dir��cred by the Engineer: '�
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consent of the �wner, sublet the work or that po.rtion of tkie
work as taken ov?r, provided however, that the 5ureties shall
exercise their option, if at all, within two we�ks after the
written n�tice to 3iscontinue th� work has been ser_ved upon
the Contractor and upon the Sureties or their authoriz��
agents. The Sureties, in such event shall assume the
Contract��r'S place in all respects, and shall be pai�3 by the
Owner for all work p�rformed by them in accordance with the
terms of the Contract Documents. Al1 moni�s rem�ining due the
�ontractor at thz time o.E this d�fault shall thereupon 'oecome
due and payable to the Sureties as the work progress�s,
subject to all of the terms of the Contract Documer►ts.
In case the Sureties do not, within the hereinabove specified
� time, exercise their right �nd ontion to assume t'ne contract
responsibilities, or that portion thereo� which t'ne Owner has
ordered by the Contracto:r to discontinuP, then the Owner shall
have the power to complete, by contract or otherwisa, as it
� may determine, the work herein described or such part th�re�f
as i� ;nay deem necessary, and the Contractor hereto agr�es
that the Owne.r shall have the right to take posszssion oE an3
� use any mate.rials, plants, tools, equipment, supplies, and
property of any kind provided by the Contractor �or the
purpose of carrying on the work and to procure other tools,
� equipment, materials, labor and Qroperty For the comnletio.n of
the work, and to charc�e to t'ne account of the Contractar_ oF
said contr�ct expense for labor, materials, tools, equipment,
„� and all expenses incidental thereto. The expense so charged
� shall be deducted by the Own?r from such monies as may be due
or may become due at �ny timP tizereaft�r to the �ontractor
undPr_ and by virtue of_ the Contract .�r any oart t'n�reof . The
' Owner shall not be requirAd to obtain the lowest bid for ttie
work completing the contract, but t'ne �xp2nse to be deducted
shall be the actual cost of the owner ��t such work.
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In case such expPnses shall exceed the arn�unt cahich wou�d have
been payable under the Contract if th� same h�d been compt��ed
by the Contracto.r, then the CorltraCfior and his Sureties shail
oay the amount of such exces� to the City on notic�� �r.om �hA
Owner oE the excess due. When any particular p�rt �F the w�r'�c
is being ca.rried on by the Owner by contract or ot,i;rwis�
under the pr�visi�ns of t'r�is se�+:.ion, the i,ontractor shall
continue the remainder of the wL�rk in conformity w�tk1 the
terms of the Contr�ct ��cuments and i:� such a mann�r as to no�
}linder or interf-Pre with performance oE tne worr by tize ��wner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be
considerec3 as having been fulf itled, aav� as pr�vide�� in any
bond or aonds or by law, �ahen atl the work aric� all s�ctions �r
parts of the prujec� cover_e�1 �y thP �o.n�rart 7ocuments have
C7-7 (91
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D. AMOUNTS: Subject to the provi�ions of Item �
C7-7.16(C), the Contractor and Owner may agree upon
the whole or any part of the amount or amounts to
be paid to the Contractor by reason of the total or �I�
partial termination of work pursuant hereto;
provided, that such agreed amount or amounts shall �
never exceed the total contract price as reduced by
the amount of payments otherwise made and as
furt'ner reduced by the contract price of work not �
terminated. The cont.ract shall be amended
accordingly, and the Contractor shall be paid the
agreed amount. No amoun� shall be due for lost or
anticipated profits. Nothing in C7-7.16(E) �
hereafter, prescribing the amount to be paid to the �-
Contractor in the event of failure of the
Contractor by reason of the termination of work �
pursuant to this section, shall be deemed to limit, ��
restrict or otherwise determine or affect the
amount or amounts which may be agreed upon to be I�
paid to the Contractor pursuant to this paragranh. '
E. FAILURE TO AGREE: In the event of the failure of
the Contractor and the Owner to agree as pr�vided �
in C7-7.16 (D) upon the whole amount to be paid to ..
the Contractor by reason of the termination of work
pursuant to this section the Owner shall determine, �
on the basis of information available to it, the �
amount, if any, due to the Contractor by r�ason of �
the termination and shall pay to the Contractor the
amounts determined. No amount shall be due for �
lost or anticipated profits.
F. DEDUCTIONS: In arriving at the amount due the �
contractor under this section, there shall be �'
deducted (a) all unliquidated advance or other
payments on account theretofore made to the
Contractor, applir.able to the terminated portion of �
this contract; (b) any claim which the Owner may
have against the Contractor in connecti�n with this �
contract; and (c) the agreed price for, or the
proceeds of sale of, any materials, supplies or
other things kPpt by the Contractor or sold,
pursuant to the provisions of this clause, an3 not '
otherwise r�coverzd by or creditPd to the Owner, y�
G. ADJUSTMENT: If the termination 'nereunder be �
partial, prior to the sattlernent of the terminated
portion of this contzact, the Contractor may file
with the Engineer � request in wrifiing for an
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a. the f.�bricatad or �zn�abricated nart5,
wor;� in pro::ess, comnl:�ted work,
supplins and other material produced a�
a part �f, or acquir.ed in conner_tion
with the performance of, the wor'�c
t�rminated by the notice of
termination; and
b, the completed, or partially complPted
plans, drawing.s, information and oth�r
pr�perty which, if the cont.ract had
been completed, would have been
required to be furnished to the Own�r..
5. compl�te performance o£ such par� of the work
� as shall not have be�n te.rminated by the
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�, notice of termination; and
6. take suctl action as may be necessary, or as
� the Engineer may direct, for the pr�tection
and preservation of the prooerty related to
its contract which is in the possession of
' the Contractor and in which the �wner has or
may acquire the rest.
' At a time not later than 30 days aiter the
termination date specified in the no�ice of
termination, the Contractor_ may submit to the
Engineer a list, certified as to quantity and
� guality, of any or all items of te.rmination
inventory not previously di5posed of, exr_lusive of
it�ms th� disposition oE which has been diY�cl.ed or
, authorized by the Engineer. Not later than 15 day�
thersafter, the Owner shall acceot title to such
items prQv.ided, thai: the list submitted shall 'oe
' subject to veriEication by the Engineer upon
removal of thE� i te�ns or, i E the items are s tor�d,
within 45 days trom tiie date of submission of th�
list, �nd any necessa.ry adj�zstments to correct t"►e
' list as su�mitted, shall be made orior to Final
settlement.
' C. 'rERMINATION CLAIM: Wi.`hin 6U days �f�er r�otir_� of
ter.mination, the Con�.�ractor shalt suq,nit his
termina�ion claim to the Engineer in the Lorm and
1 with the certification ��res.ri'fJPr� by ttie Engineer_ ,
Unless one or more ext�nsions in wri�:irzg ar.�
granted by th� Ownar u�on reqa�st ��E tn�
Cont.r�ctor, �nade in writing within such b0-3ay
' periad or autho.rized �xrension tht�reof, an1� and ,�11
such claims s.ialt be conclus.ively deem�:� wai�,��a.
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tequitable adjustment of the price or prices
specified in the contract relating to the continued
portion of the �ontract (the portion not terminated
' by the notice oE termination), such equitable
adjustment as may be agreed upon shall be made in
such price or prices; nothing contained herein,
' however, shall limit the right of the Owner and the
Contractor to agree upon the amount or amounts to
be paid to the Contractor for the completion of the
1 continued portion of the contract when said
contract does not contain an established contract
price for such continued portion.
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H. NO LIMITATION OF RIGHTS: Nothing contained in this
section shall limit or alter th� rights which the
Owner may have for termination of this contract
under C7-7.14 hereof entitled "Suspension of
Abandonment of the work and Amendment of Contract"
or any other right which Owner may have for default
or breach oF contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES:� The Contractor shall be
responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the work at
all times and shall assume all responsibilities for their
enforcement.
� The Contractor shall comply with federal, state, and local
laws, ordinances, and regulations so as to protect person and
property from injury, including death, or damage in connection
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before its final acceptance by the Owner, (except as provided �
in paragraph C5-5.14) for all risks of whatever description
connected with the prosecuti�n of the work, for all expense
incurred by or in consequence of suspension or discontinuance �
of such prosecution of the working operations as herein
specified, or any and all infringements of patents,
trademarks, copyrights, or other legal reservations, and for �
completeing the work in an acceptable manner according to the �
terms of the Contract Documents.
The payment of any current or partial estimate prior to final �N
acceptance of the work by the Owner shall in no way constitute
an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations �
of the Contractor to repair, correct, renew, or rep.lace at his �_.,
own and proper expense any defects or imperfections in th�
construction or in the strength or quality of the material •
used or equipment or machinery furnished in or about the �
construction of the work under contract and its appurtenances,
or any damage due or attributed to such defects, which �
defects, imperfection, or damage shall hav� been discover�d on
or before the final inspection and acceptance of work or
during the one year guaranty period after final acceptance.
The Owner shall be the sole judge of such defects, �
imperfections, or damage, and the Contractor shall be liable _
to the Owner for failure to correct the same as provided
herein. r
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and �
5th day of each month the Contracter shall submit to the
Engineer a statement showing an estimate of the value of the �
work done during the previous month, or estimate pPriod under
the Contract Documents. Not later than thP lOth day of the
month the Engineer shall veri.fy such estimatA, and if it is ,�
found to be acceptable and the value of work performed since �
the last partial payment was made Pxceeds one hundred dollars
($100.00) in amount, 90$ of such estimated sum will be paid to �
the �ontractor if the total conkract amount is less than '
$400,000, or 95$ of such estimate3 sum will be paid to the
Contractor if the total contract amount is $400,000 or greater
within twenty-fivz (25) days aFt�r the regular estimate period. "'�
The Lity will have the option of preparing estimates on f�rms
furnished by the City. The partial estimate may include
acceptable nonp�rishable materials deli��red to the work which �
are to be incorporated into the work as a pQrmanent part �
thereof, but which at the the time �f the estimate �iave not
been installed. (such payment will be allowed on a b�sis of �
85� of the n�t invoice value thereof.) The �ontracco.r shall
furnish the Engineer such information as he may request to aid
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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 Zabor, tools, materials, machinery,
t 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 �ontract
� 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.
tC8-8.3 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 compl�te and functional item as detailed in the
' Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and
' accept the compensation, as herein provided, in full payment
for furnishing all labor, tools, materials, and incidentals
for performing all work contemplated and embraced under these
' Contract Documents, for all loss and damage arising out of the
nature of the wor'K or from the action of the elements, for any
unforesee,� defec�s or obstructions which may arise or be
encountered during the prosecution of the work at any time
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The amount of the final estimate, less previous payments and ��
az�y sum that havP been deducted o.r retained under the
provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final accep�ance by the Owner '�
on a proper resolution of the City Council, provifled the
Contractor has furnished t� the Owner satisfactory evidence of
payment as fol.lows: Prior to submission of the final estimate
for payment, the Contractor sha.11 execute an affidavit, as �
F�rnished by the City, certifying that all persons, firms,
associations, corpvrations, or other organizations furnishing �
labor and/or materials have been paid in full, that the wage
scale established by the City Council in the City of Fort
Worth has been paid, and that there are no claims pending for
personal injury and/or property damages. ""'
The acceptance by the Contractor of the last or final payment
as aforesaid shall operate as and shall r�lease the Owner from '
all claims or liabilities under the Contract for anything done �
or furnished or relating to the work under Contract Documents
or any act or neglect of said City relating to or connected
with the Contract. �
The making of the final payme�nt by the Owner shall not zelieve
the Contractor of any guarantees or other requ.irements of the '�
Contract Documents which sneciEically continue thereafter. ,
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner
believes it has employed competent Engineers and designers to �
prepare the Contract Documents and all modifications of the
approved Contract D�cuments. It is, therefore, agreed that �
the Owne.r shall be responsible for the adequacy of its own
design features, sufficiency of the Contract Documents, the
saFety of the structure, and the practicability of the
operations of the completed project, p�ovided the Contractor '"1
has complied with the requirements of the said �ontract ��
Documents, all approved modifications �hereof, and additions
and alterations thereto approved in wri_ting by the Owner. The �
burden of proof of such complianc� shall be upon the �
Contractor to show that he has co�mplied with the �aid
requirements of the Contract Documents, approved modifications
thereof, and all approved additiona and alterations thereto. �
C8-8.10 GENERAL GUARANTY: Neither the final certificate of
payment nor any provision in the Cc�ntract Documents nor �
partial or entire occupancy or use �f the p.remises by the
Owner shall constitute an acceptance �f work not done ia
accordance witn the Contract Documents or reliev� the �
Contractor of liability in respect to any exoress warranties
or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects or damages in the work and
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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 arnount of work done or of
its quality of sufficiency, or as an acceptance of the work
done or the release of the Contractor of any of his
responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any
monthly estimate if the contractor fails to perform the work
strictly in accordance with the specifications or provisions
of this contract.
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 Engineer 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 inspectioz�, and if the work is
satisfactory, in an acceptable condition, and has been
com�aleted in accordance with the terms of the Contract
Documents and all app.roved modifications thereof, the Engineer
will initiate the processing of the final esti,mate and
recommend final acceptance of the project and final payment
therefor as outlined in C8-8.8 below.
C8-8.8 FINAL PAYMENT: Whenever all the improvements provided
for by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work
will be prepared by the Engineer as soon as the necessary
measurements, computations, and checks can be made.
Al1 prior estimates upon which payment has been made are
subject to necessary corrections or r�visions in the final
payment.
C8-8 (3)
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� pay for any damage to other work resulting therefrom which
shall �appear within a period of one year from the date of
final acceptance of the work unless a longer period is
�"' specified andshall furnish a good and sufficient maintenance
, bond in the amount of 100 percent of the amount of the
contract which shall assure the perFormance of the general
guaranty as above outline. The Owner will give notice of
� observed defects with reasonable promptness.
C8-8.11 SUBSIDIARY WORK: Any and all work specifically
� governed by documentary requirements for the project, such as
conditions imposed by the Plans, the General Contract
Documents or these Special Contract Documents, in which no
� specific item for bid has been provided for in the Proposal,
, shall be considered as a subsidiary item of work, the cost of
which shall be included in the price bid in the Proposal, for
--. each bid item. Surface restoration, rock excavation and
� cleanup are general items of work which fall in the category
of subsidiary work.
� C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
allocated under various bid items in the Proposal to establish
unit prices for miscellaneous placement of material. These
� materials shall be used only when directed by the Engineer,
. depending on field conditions. Payment for miscellaneous
placement of matzrial will be made for only that amount of
- material used, measu.red to the nearest one-tenth unit.
� Payment for rnisc�llaneous placement �f 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 stiow all changes made during the construction
process. These shall be delivered to Engine�r upon completion
� of the work.
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C8-8 (5)
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PART D - SPECIAL CONDITIONS
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ITEM
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
D-14
� D-15
D-16
D-17
D-18
D-19
D-20
D-21
D-22
D-23
D-24
D-25
D-26
D-27
D-28
PART D - SPECIAL CONDITIONS
TABLE OF CONTENTS
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TA�3LE OF CONTENTS
General
Project Designation
Right To Audit
Minority/Women Business Enterprise Compliance
Purging and Sterilization of Water Lines
Wage Rates
Coordination with Fort Worth Water Department
Dewatering
Existing Utilities
Exploratory Excavations
Substitutions
Crushed Limestone Backfill
Trench Safety System .
Valve Blocking ,
Ductile-Iron and Gray-Iron Fittings
Connection of Existing Mains �
Site Preparation
Bid Quantities
Interpretation and Preparation of Proposal
Bonds �
16" Turbo Meter With Vault Installation
Disposal of Spoil/Fill Material
Workers' Compensation Insurance
Cost Breakdown
Partial Estimates and Retainage
Explanation of Bid Items
Contractor's Responsibility for Damage Claims
Construction Schedule
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PART D - SPECIAL CONDITIONS
D-1 General:
Subject to modifications as herein contained, the Fort Worth Water Department's General
Contract Documents and Specifications, effective July 1, 1978, with the 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 name, number or identification included
therein as specifying, referring or implying product-control, performance, quality, or
other shall be binding upon the Contractor. The specifications and drawings shall be
considered cooperative; therefore, work or material called .for by one and not shown or
mentioned in the other shall be accomplished or fiirnished in a faithful manner as though
required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the Engineer shall generally, but not
necessarily, follow the guidelines listed below:
1. Plans
2. Contract Documents
3. General Contract Documents and Specifications
The following Special Conditions shall be applicable to this proj ect and shall govern over
any conflicts with the General Contract Documents under the provisions stated above.
D-2 Project Designation:
Construction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Water-ProjectNumber PW77-060770250040
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D-3 Right To Audit: .
RIGHT TO AUDIT: Part C- General Conditions, Section C8-8
MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following:
"C8-8.14 RIGHT TO AUDIT:
(a) Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this contract. Contractor agrees that the City shall -have access
during normal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give contractor reasonable advance notice of
intended audits. �
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(b) Contractor further agree's to include in all its subcontracts hereunder a provision to the
effect that the subcbntractor agrees that the City shall, until the expiration of three (3)
years after final payment under the subcontract, have access to and the right to examine ,
and photocopy any directly pertinent books, documents, papers and records of such
subcontractor, involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space, in or.der to conduct audits in compliance
with the provisions of this article. City shall give subcontr�ctor reasonable advance
notice of intended audits.
� (c) Contractor and subcontractor agree to photocopy such documents as may be requested
by the City. The City agrees to reimburse the Contractor for the cost of copies as
follows:
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1. 50 copies and under - 10 cents per page
2. More than 50 copies - 85 cents for the first page plus
fifteen cents for each p�ge thereafter.
D-4 Minority/Women Business Enterprise Compliance:
Reference Part C(General Conditions), Sgction C3-3.2 Entitled "MINORITY
BUSINESS ENTERPRISE/WOMEN-OV�N�D BUSINESS ENTERPRISE
COMPLIANCE" shall be deleted in its eniirety and replaced with the following:
Upon request, Contractor agrees to provi e to Owner complete and accurate information
regarding actual work performed by a Mi�ority Business Enterprise (MBE) and/or a
Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor
further agrees to permit an audit and/or examination of any books, records or files in its
possession that will substantiate the actua� work performed by an MBE and/or WBE.
The misrepresentation of facts (other that� 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 s ch misrepresentation (other than negligent
misrepresentation) and/or commission of fraud will result in the Contractor being
determined to be irresponsible and barre from participatting in City work for a period of
time of not less than three (3) years. � i �
D-� Purgin� and Sterilization of W�ter Lines:
Before being placed into service all newl � constructed water lines shall be purged and
sterilized in accordance with E2-24 of th� General Contract Documents and
Specifications except as modified herein. The City will furnish all water for INITIAL
cleaning and sterilization of water lines. All other materials for construction of the
project, including chlorinated lime (HTH) shall be furnished by the Contractor.
Chlorinated lime (HTH) shall be used in sufficient quantities to provide a chlorine
residual of fifty (50) PPM. The residual of free chlorine shall be measured after 24 hours
and shall not be less than 10 parts per million of free chlorine. Chlorinated water shall be
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disposed of irz the s,anitary sewer system. Should a sanitary sewer not be available,
�j' chlorinated water shall be "de-chlorinated" prior to disposal. The line may not be placed
i,.+� in service until two successive sets of samples, taken 24 hours apart, have met�the .
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established standards of purity.
Sterilization of the water lines shall be considered as incidental to the project and aII costs
incurred.will be considered to be included in the linear foot bid price of the pipe.
D-6 Wage Rates:
The labor classifications and minimum wage rates s�t 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 performed by the Contractor or any sub-contractor on the site of the project
covered by these Contract Documents. In no event shall less than the following rates of
wages be paid. (Attached).
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D-7 Coordination:
During the construction of this project, it will be necessary to deactivate, for a period of
time, existing lines. The Contractor shall be required to coordinate with the Fort Water
Department and the City of North Richland Hills (Larry Jones 581-5671) to determine the
best times for deactivating and activating tY�ose lines.
D-S Dewatering:
The Contractor shall be responsible for determining the method of dewatering operation
for the water or sewage flows from the existing mains �and ground water. The Contractor
shall be responsible for damage of any nature resulting from the dewatering operations.
The DISCHARGE from any dewatering operation shall be conducted as approved by the
Engineer. Ground water shall not be discharged into sanitary sewers.
Dewatering shall. be considered as incidentai to a construction and aII costs incurred will
be considered to be included in the linear foot bid price of the pipe.
D-9 Existin� Utilities:
The plan's show the locations of all known surface and subsurface structures. However,
the Owner assumes no responsibility for failure to show any or all of these structures on
the Plans, or to show them in 'their exact location. It is mutually agreed that such failure
shall not be considered sufficient basis for claims for additional compensation for extra
work ox for increasing the pay quantities in any manner whatsoever.
� 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 construction
operations. Contractor shall make all necessary provisions for the support,
� protection, relocation, and or temporary relocation of all utility poles, gas lines, te�ephone
cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage
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pipes, and all other utilities and structures both above and below ground during
construction. The Contractor is liable for all damages done to such existing facilities as a
result of his operations and any and all cost incurred for the protection and or temporary
relocation of such facilities s�all be included in the cost bid per linear foot of pipe '
installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED.
Where existina 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, unless 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 cooperate with the owners of all utilities to locate existing
underground facilities and notify the Engineer at once of any conflicts in grades and
alignment.
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
Engineer. The right is res�rved to the owner of public utilities to enter upon tlie limits of
the project for the purpose of making such changes or repairs, of their property that may
be made necessary by performance of this contract.
D-10 Exploratory Excavations:
� In addition to those areas as �may be designated on the Drawings, it shall be the
Coritractor's responsibility to excavate and locate existin� utilities which may affect
construction of the water and/or sewer facilities. All exploratory excavations shall
Q occur far enough in advance to permit any necessary relocation to be made with
minimum delay. All costs incurred by the Contractor in making exploratory excavations
shall be considered to be included in the unit price bid for constructing of water/sewer
line or the associated structures.
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D-11 Substitutions:
The specifications for materials set out the minimum standard of quality which the City
believes necessary to procure a satisfactory project. No substitutions will be permitted
until the Contractor has received written permission of the Engineer to make a
substitution for the material which has been specified. Where the term "or equal," or "or
approved equal" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished it will be approvable, as the particular trade name
was used for the purpose of establishing a standazd of quality acceptable to the City. If a
product of any other name is proposed for use, the Engineer's approval thereof must be
obtained before the proposed substitute is procured by the Contractor. `Vhere the term
"or equal," or "or approved equal" is not used in the specifications, this does not
necessarily exclude alternative items or material or equipment which may accomplish the
intended purpose. However, the Contractor shall have the full responsibility of proving
that the proposed substitution is, in fact, equal, and the Engineer, as the representative of
the City, shall be the sole judge of the acceptability of substitutions. The provisions of
this
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sub-section as related to "Substitutions" shall be applicable to all sections of these
specifications. �
D-i2 Crushed Limestone Backfill:
Where specified on the plans or directed by the Engineer, crushed limestone shall be used
for trench backfill on this project. The material shall conform to Transportation and
Public Works Standard Specifications for Street and Storm Drain Construction Division 2
Ttem 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and
compaction shalt meet the requirements of E2-2 Excavation and Backfill of the General
Contract Documents and Specifications.
Payment for crushed Iimestone backfili in place shaIl be made at the unit price bid in the
Proposai multiplied by the quantity of material used measured in accordance with E2-
2.16 Measurement of Backfill Materials of the General Contract Documents and
Specifications. �
D-13 Trench Safety System'.
1. GENER.AL: This specification covers the trench safety requirements for all trench
excavations in order to protect workers from cave-ins. The requirements of this item
govern all trenches for mains, manholes, vaults, service lines, and all other
appurtenances.
2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational
Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P-Excavations,
are hereby made a part of this specification and shall be the minimum governing
requirements for trench safety. �
3. DEFINITIONS:
A. TREN�HES: A trench is referred to as a narro�v excavation made below the surface of
the.ground in which the depth is greater than the width, where the width measured at the
� bottom is not greater than fifteen (15) feet. If forms or other structures are installed or
constructed in an excavation so as to reduce the dimension measured from the forms or
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structure to the side of the excavation to fifteen (15) feet or less�at the bottom of the '
excavation, the excavation is also considered to be a trench.
B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one
or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces
between levels.
C. SLOPING SYSTEM: Sloping means excavating to forrii sides of a trench that are
inclined away from the excavation.
D. SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench
boxes" or "trench shields." Shield means a structure that is able to withstand the forces
imposed on it by a cave-in and protect workers within the structure. Shields can be
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permanent structures or can be designed to be portable and move along as the work
progresses. Shields can be eithe� premanufactured or job=built in accordance with OSHA
standards.
E. SHORING SYSTEM: Shoring means a structure such as a metal hydraulic,
mechanical or timber system that supports the sides of a trench and which is designed to
prevent cave-ins. Shoring systems are generally comprised of crossbraces, vertical rails
(uprights), horizontal rails (wales) and/or sheeting.
4. MEASUREMENT: Trench depth is the vertical measurement from the top of the
� existing ground to the bottom of the pipe or structures. The quantity of trench safety
systems shall be based on the linear foot amount of trench depth greater than five (5)
feet.
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5. PAYMENT: Separate payment will be made only when trench excavations exceed a
depth of five (5) feet and shall be full compensation for safety system design, labor, tools,
materials, equipment and incidentals necessary for the installation and removal of trench
safety systems.
D-14 Valve Blocking:
All valves shall have concrete blocking for support. Valves shall have polyethylene
urrapping per Material Specification E1-13 and Construction Specification E2-13
installed prior to concrete blocking. No separate payment will be made for any of the
work involved for this item and all costs incurred will be considered to be included in the
bid price of the valve.
D-15 Ductile-Iron and Gray-Iron Fittings:
� , Reference Part E2 Construction Specifications, Section E2-7 Installing Cast Iron Pipe,
Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Paragraph shall be
revised to read as follows:
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E2-7.11 DUCTILE-IRON AND GRAY-IRON FITTINGS: All ductile-iron and gray-
iron fittings shall be furnished with cement mortar lining as stated in Section E1-7. The
price bid per ton of fittings shall be payment in full for all fittings, joint accessories,
polyethylene wrapping, horizontal concrete blocking, vertical tie-down concrete
blocking, and concrete cradle necessary for construction as designed.
All ductile-iron and gray-iron fittings, valves and specials shall be wrapped with
polyethylene wrapping conforming to Material Specification E1-13 and Construction
Specification E2-13. Wrapping shall precede horizontal concrete blocking, vertical tie-
down concrete blocking, and concrete cradle. Payment for the polyethylene wrapping,
horizontal concrete blocking, vertical tie-down concrete blocking, and° concrete cradle
shall b�e included in bid items for valves and fittings and no other payment will be
allowed.
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D-16 Connection of Existin� Mains:
The Contractor shall determine the exact location, elevation, configuration and angulatibn
of existing water or sanitary sewer lines prior to manufacturing of the connecting piece. �
Any differences in locations, elevation, configuration, and or angulation of existing lines
between the contract drawings and what may be encountered in the said work shall be
considered as incidental to construction. Where it is required to shut down existing mains
in order to make proposed connections, such down time shall be.coordinated with the
Engineer, and all efforts shall be made to keep this down time to a minimum. In case of
shutting down an existing main, the Contractor shall notify Mr. Tony Salomon, Manager,
Construction Services, Phone 871-7813, at least 48-hours prior to the required shut down
time. The Contractor's attention is directed to Paragraph CS-5.15 INTERRUPTION OF
SERVICE, Page CS-S(5), PART C- GENER.AL CONDITIONS OF THE WATER
DEPARTMENT GENERAL CONTRACT DOCUMENTS AND GENER.AL
SPECIFICATIONS. The Contractor shall notify the customer both personally and in
writing as to t�e location, time, and schedule of the service interruption.
The cost of removing any existing concrete blocking shall be included in the cost of
conriection. Unless bid separately all cost incurred shall be included in the linear foot
price bid for the appropriate pipe size.
D-17 Site Preparation:
The Contractor shall clear rights-of-way or easements of obstruction which must be
removed to make possible proper prosecution of the work as a part of this project
construction operations. The contractor's attention is directed to paragraph C6-6.10 work
within easements, page C6-6(4), part C- General Conditions of the Water Department
General Contract Document and General Specifications. �
Clearing and restoration shall be considered as incidental to construction and all costs
incurred will be considered to be included in the linear foot price of the pipe.
D-18 Bid Quantities:
Bid quantities of the various items in the Proposal are for bid comparison only and may
not reflect the actual quantities (See General Conditions C2-2.2 and C4-4.3). Moreover,
there is to be no limit on the variations between the estimated quantities shown and actual
quantities performed.
D-19 Interpretation and Preparation of Proposal:
Part C- General Conditions, Section C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its proper Bid Securi�y, to the Purchasing Manager or his
representative at the official location and stated time set forth in the "Notice to Bidders."
It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper
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place. The mere fact that a proposal was dispatched.will not be considered. The Bidders
must have the proposal actually delivered. Each proposal shall be in a sealed envelope
plainly marked with the word "PROPOSAL," and the name or description of the project
as designated in the "Notice to Bidders." The envelope shall be addressed to the '
Purchasing Manager, City of Fort Worth Purchasing Division,. P.O. Box 17027, Fort
Worth, Texas 76102. �
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing
Manager cannot be withdrawn prior to the time set for opening proposals. A request for
non-consideration of a proposal must be made in writing, addressed to the City Manaaer,
and filed with him prior to the time set for the opening of proposals. After all proposals
not requested for non-consideration are opened and publicly read aloud, the proposals for
which non-consideration requests have been properly filed may, at the option of the
Owner, be returned unopened. .
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify
his proposal by telegraphic communication at any time prior to the time set for opening
proposals, provided such telegraphic communication is received by the Purchasing
Manager prior to the said proposal opening time, and rovided further, that the City
Manager is satisfied that a written and duly authentic ted confirmation of such
telegraphic communication over the signature of the idder was mailed prior to the
proposal opening time. If such confirmation is not reCeived within forty-eight (48) hours
after the proposal opening time, no further consideration will be given to the proposal.
a D-20 � Bonds: . � , �� :�.; �. .
Reference Part C, General Conditions, dated November 1, 1987; (City let p�ojects��make
the following revisions: � '
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l. Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised
to read: No surety �vill be accepted by the Owner tivh�ich are at the time in default or
delinquent on any bonds or which are interested in any l.itigation against the Owner. All
bonds shall be made on the forms furnished by the Owne� �and the surety shall be
acceptable to the Owner. In order for a°sur,ety 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 equal to ten times the
amount of the bond. The surety must be licensed to l�usin�ss 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 reguired, the company writing the
reinsurance must be authorized, accredited, or truste� to d,p business in Texas.
2. Pg. C3-3(5) Paragraph C3-3.11 INSUR.ANCE delete s�bparagraph a.
COIvIPENSATION INSURANCE.
3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL
AGENT FOR INSURANCE AND BONDING. �
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D-21 16"Turbo Meter With Vault Installation:
The 16" turbo meter installation shall be according to construction plans unless otherwise
directed by the Engineer. �
The 16" turbo meter with strainer will be furnished to the Contractor free of charge;
however, the Contractor will be required�to pick up these item(s) at the Field Operations
Warehouse. �
Payment for all work, materials, and all necessary appurtenances which are required to
provide a complete and functional meter installation complete with concrete vault shall be
included in the bid price.
D-22 Disposal of SpoiUFill Material:
Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of
the Department of Engineering, acting as the City of Fort Worth's Flood Plain
Administrator ("Administrator"), of the lo � ation of all sites where the contractor intends
to dispose of such material. Contractor s��ll not dispose of such material until the
proposed sites have been determined by t�} e Administrator to meet the requirements of the
Flood Plain Ordinance of the City of Fort IWorth (Ordinance No. 11517).. All disposal
sites must be approved by the Administra�or to ensure that filling is not occurring within
a flood plain without a permit. A flood pl�in permit can be issued upon approval of
necessary engineering studies. No fill pe it is required if disposal sites are not in a
flood plain. Approval of the contractors isposal sites shall be evidenced by a letter
signed by the Administrator stating that t�e site is not in a known flood plain or by a
Flood Plain Fill Permit authorizing fill wi hin the flood plain. Any expenses associated
with obtaining the fill permit, including any necessary engineering studies, shall be at
contractors' expense. In the event that the contractor disposes of spoil/fill material at a
site without a fill permit or a letter from the Administrator approving the disposal site,
upon notification by the Director of the Department of Engineering, Contractor shall
zemove the spoil/fill material at its expense and dispose of such materials in accordance
with the Ordinances of the City and this section.
D-23 Workers' Compensation Insurance:
A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the
Owner (City) a certificate showing that it has obtained a policy of workers compensation
insurance covering each of its employees em.ployed on the project in compliance with
state law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each
and every subcontractor who �vill perform work on the project to provide to it a certificate
from such subcontractor stating that the subcontractor has a policy of workers
compensation insurance covering each employee employed on the project. Contractor
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will not permit any subcont'ractor to perform work on the pi�oject until such certificate has
been acquired. Contractor shall provide a copy of all such certificate to the Owner (City).
C. Workers Compensation Insurance Coverage
1: Definitions:
� Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Texas Workers' Compensation
Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
� 84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
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Duration of the Project. Includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the
City. ' �
Persons providin� services on the project ("subcontractor" in section 406.096)-
� inclucles all persons or entities performing all or part of the service� the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regazdless of whether that person has employees.
� This includes, without li�mitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
� employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other services related to a project.
� "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilets.
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2. 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 reqtiirements of Texas Labor Code, Section 401.011(44) for all employees of
the contractor providing services of the project, for the duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded the contract. .
4. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certific�te of coverage with the City showing that coverage has been
extended.
�. The contractor shall obtain from each p`erson providing
services on a project, and provide to the City:
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(a) a certificate of coverage, p'rior to that person beginning work on the project, so
� the governmental entity will have on file certificates of coverage showing ;
coverage for all persons providing services on the project; and
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(b) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of covera;e, if the coverage period shown on the
current certiiicate of coverage ends during the duration of the project.
6. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
7. The contractor shall notify the City in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project.
8. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(a) provide coverage, based on proper reporting on the class�cation codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(b) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for ali employees
of the person providing services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the� current certificate of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and .
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(2) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project; ,
(e) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter.
( fl notify the City in writing by certified mail or personal delivery, within ten
(10) days after the person kne�v or should have known, of any change that
materially affects the provision of coverage of any person providin? services on
the project; and
(g) contractually require each person with whom it contracts, to perform as
a required by paragraphs (a) -(g), with the certificates of coverage to be provided to
the person for whom they are providing services.
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10. By signing this contract or providing or causing to be provided a certificate of
coverage, the contractor is representing to the City that all employees of the contractor
who will provide services on the project will be covered by worker's compensation
coverage for the durat�ion of the project, that the coverage will be based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier-or, in the case of a self-insured, with
the Texas Worker's Compensation Commission's Division of Self-Tnsurance Regulation.
Providing false or misleading information may subject the contractor to administrative
penalties, criminal penalties, civil penalties or other civil actions.
11. The contractor's fa'rlure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor does
not remedy the breach within ten days after receipt of notice of breach from the City.
D. Posting of Required Worker's Compensation Coverage. The contractor shall post a
notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements
imposed by the Texas Worker's Compensation Act or other Texas Worker's
Compensation Commission rules. This notice must be printed with a t•itle in at least 30
point bold type and text in at least 19 point normal type, and shall be in both English and
Spanish and any other language common to the worker population. The text for the
notices shall be the following text, without any additional words or changes:
REQUIRED WORKER'S COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by worker's compensation insurance. This
includes persons providing, hauling, or delivering equipment or materials, or providing
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labor or transportation or other service related to the project, regardless of the identity of
their employer or status as �n employee".
"Call the Texas Worker's Compensation Commission at 512-440-3789 to receive '
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage.
D-24 Cost Breakdown:
In order to establish a basis upon which partial payments to the Contractor may be
authorized, immediately after execution of the contract the Contractor shall furnish a
detailed cost breakdown of his contract price arranged and itemized to meet the approval
of the Engineer.
D-2� Partial Estimates and Retainage:
Reference Part C(General Conditions), Section C8-8.5 Entitled "PARTIAL
ESTIMATES AND RETAINAGE" shall be deleted in its.entirety and replaced with the
following:
Partial pay estimates shall be submitted by the Contractor or prepared by the City on the
Sth day and 20th day of each month that the work is in progress. The estimate shall be
processed by the City on the l Oth day and 25th day respectively. Estimates will be paid
within 25 days following the end of the estimate period, less the appropriate retainage as
set out below. Partial pay estimates may include acceptable nonperishable materials
delivered to the work place which are to be incorporated into the work as a permanent
part thereof, but which at the time of the pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the net
invoice value thereof. The Contractor will furnish the Engineer such information as may
be reasonably requested to aid in the verification or the preparation of the pay estimate.
For contracts of less than $400,000 at the time of execution, retainage shall be ten percent
(10%). For contracts of $400,000 or more at the time of execution, retainage shall be five
percent (5%).
OContractor shall pay subcontractors in accord with the subcontract agreement within five
(5) business days after receipt by Contractor of the payment by City. Contractor's failure
� to make the required payments to subcontractors �vill authorize. the City to withhold
future payments from the Contractor until compliance with this paragraph is
accomplished.
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It is understood that the partial pay estimates will be approximate only, and all partial pay
estimates and payment of same will be subject to correction in the estimate rendered
following the discovery of the mistake in any previous estimate. Payment of any 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 .sufficiency or as an acceptance of the work done; nor shall same
release the Contractor of any of its responsibilities under the Contract Documents.
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The City reserves tfie right to withhold the payment of any partial estimate if the
� Contractor fails to perform the work in strict accordance with the specifications or other
provisions of this Contract.
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D-26 Esplanation of Bid Items:
The total scope of work for this job has been separated into several bid items as shown in
the Proposal. All materials and workmanship necessary to furnish a complete and
functional job, whether shown, included or impliecl in the construction plans and/or
specifications, shall be supplied in this contract. The Contractor shall include the cost for
all miscellaneous and subsidiary work not specifically mentimned in the Proposal in the
various bid prices.
D-27 Contractor's Responsibility fo� Dama�e Claims:
� Sect'ion C6-6.12 of the general condition�s shall be deleted in its entirety and replaced with
the following:
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C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to indemnify City's engineer and architect, and their personnel at
the project site for Contractor's sole ne ligence. In addition, Contractor covenants and
agrees to indemnify, hold harmless a�id defend, at its own expense, the Owner, its
officers, servants and employees, from and aDainst 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 scrch injcrry,
damahe or death is cacrsed, in wlio[e or, in part, by tlie ne�li,�ence or alte�ed ne,�li�,aence
of Owner, its o,ffcers, servants, or emp�oyees. Contractor likewise covenants and agrees
to indemnify and hold harmless the 'dwner 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 perfo ance of any of the terms and conditions of this
Contract, wJ:ether or not �rny sccch in%u or dama�e is cacrsed in wl:ole or in part by the
ne,;li,;ence or alfe,;ed ne�li,�ence of Ox�ner, its of�cers, servants or employees.: '
� In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor
either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a
4 release from the claimant involved, or (b) provides O�vner with a letter from Contractor's
liability insurance carrier that the claim has been referred to the insurance carrier.
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The Director may, if he deems it appro�riate, refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim for damages is outstanding
as a result of work performed under a City Contract.
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D-28 Construction Schedule:
Although the Contractor has 30 calenda.Y days to complet� this project, water shall be
made available to the North Richland Hills pump station through the 16" meter no later
than 3 weeks from the time that with water main is deactivated for construction. '
D-15
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CITY OF FORT WORTH
HIGHWAY CONTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFACTION
AIlt TOOL OPERATOR
ASPHAI.T RAKER
ASPHALT SHOVELER
BATCHING PLANf WEIGHER
CARPENTER
CONCRETE FINISHER-PAVING
CONCRETE FITIISHER-STRUCTURES
CONCRETE RUBBER
ELECTRICiAN
FLAGGER
FORM BUII.DER-STRUCTURES
FORM LINER-PAVING & CURB •
FORM SETTER-PAVING & CURB
FORM SETI'ER-STRUCTURES
LABORER-COMMON
LABORER-UTILITY
MECHAI�tIC
OII,ER �
SERVICER
PAlNTER-STRUCTURES .
PIPE LAYER �
BLASTER
ASPHAI�T DISTRIBUTOR OPER.ATOR
ASHPALT PAVING MACHINE
BROOM OR SWEEPER OPERATOR
BULLDOZER '
CONCRETE CURING MACHINE
CONCRETE FINiSHING MACHINE
CONCRETE PAVING JOINT MACHINE
CONCRETE PAVING JOINT SEALER
CONCRETE PAVING SAW
CONCRETE PAVING SPREADER
SLIPFORM MACHINE OPERATOR
CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL
FOUNDATION DRILL OPERATOR CRAWLER MOUNTED
FOUNDATION DRILL OPERATOR TRUCK MOUNTED
FRONG END LOADER
MILLING M�CHINE OPERATOR �
MIXER
MOTOR GRADER OPERATOR FINE GRADE
MOTOR GR.ADE OPERATOR
HOURL'Y RA.TE
$9.00
9.55
8.80
11.51
10.30
10.50
9.83
8.84
15.37
7.55
9.83
9.00
9.24
9.09
7.32
8.94
12.68
10.17
9.41
11.00
8.98
11.50
10.29
10.30
8.72
10.74
9.25
11.13
10.42
9.00
10.39
10.50.
9.92
11.04
10.00
11.83
9.96
8.62
1030
11.97
10.96
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CITY OF FORT WORTH
HIGHWAY CONTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFACTION
PAVEMENT MARKiNG MACHINE
ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS
ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TANII'ING
ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER
SCRAPER
TRACTOR=CRAWLER TYPE
TRACTOR-PNEUMATIC
TR.AVELING MIXER
WAGON-DRILL, BORING MACHINE
REINFORCING STEEL SETTER PAVING
REINFORCING STEEL SETTER STRUCT'URES
STEEL WORKER-STRUCTURAL
SPREADER BOX OPERATOR
WORK ZONE BARRICADE
TRUCK DRNER-SINGLE AXLE LIGHT �
TRUCK DRNER-SINGLE AXLE HEAVY
TRUCK DRNER-TANDEM AXLE SEMI TRAILER
TRUCK DRNER-LOWBOY/FLOAT
TRUCK DRNER-TR.ANSIT MIX
TRUCK DRNER-WINCH
VIBR.ATOR OPERATOR-HAND TYPE
WELDER
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HOURLY RA.TE
7.32
9.06
8.59
8.48
9.63
10.58
9.15
8.83
12.00
13.21
I3.31
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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1999
I�
BUTLDING & CONSTRUCTi01� TRADES
S'�ANDA.RD WAGE RATE
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FOR TA,RRANT COUNTY
CLASSIFACTION
AIR CONDITIONING MECHANIC
AIl2 CONDITIONII�iG MECHANIC HELPER
ACOUSTIC CEILING INSTALLER
ACOUSTIC CEILING INSTALLER HELPER
BRTCKLAYER7STONE MASON
BRICKLAYER/STONE MASON HELPER
CARPENTER
CARPENTER HELPER
CONCRETE FINISHER
CONCRETE FINISHER HELPER
CONCRETE FORM BUILDER
CONCRETE FORM BUILDER HELPER
DRYWALL TAPER
DRYWALL TAPER I-�ELPER
ELECTRTCIAN JOURNEYM�N �
ELECTRICIAN HELPER .
ELECTRONIC TECHrIICIAN
ELECTRONTC TECHNiCIAN HELPER
FLOOR LAYER (CARPET) �
FLOOR LAYER (RESILIENT)
FLOOR LAYER HELPER
GLAZIER
GLAZIER HELPER �
1NSULATOR �
INSULATOR HELPER
LABORER COMMON
LABORER SKILLED
LATHER
LATHER HELPER
METAL BUILDING ASSEMBLER
METAL BUILDING ASSEMBLER HELPER
PAINTER
PAINTER HELPER
1
HOURLY IRATE
$15.96
8.81
13.82
9.79
15.25
9.86
13.00
934
1`2.00
9.44
11.59
8.87
11.87
8.25
16.29.
10.20
12.86
12.67
13.58
14.48
8.56
13.66
9.26
15.89
9.46
7; 82
9.66
15.80
11.75
13.34
7.85
1 i.93
8.30
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� 1999
BUILDTNG & CONSTRUCTION TRADES
STANDARD WAGE �2A.TE
FOR TA�RRANT COUNTY
CLASSIFACTION
� PIl'EFITTER
PIPEFITTER HELPER
PLASTERER
� PLASTERER HELPER
PLUIV�ER
PLUMBER HELPER
�INFORCING STEEL SETTER
. ��INFORCING STEEL HELPER
ROOFER
� ROOFER HELPER
SHEET METAL WORKER �
SHEET METAL WORKER HELPER
� SHEETROCK HANGER �
SHEETROCK HANGER HELPER
SPRINKLER SYSTEM INSTALLER
� SPRINKLER SYSTEM 1NSTALLER HELPER
STEEL WORKER STRUCTUR.AL
STEEL WORKER STRUCTUR.AL HELPER
� WELDER
WELDER HELPER
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HEAVY EQUIPMEN'T OPERATORS
EQUIPMENT OPERATORS
CONCRETE PUMP OPERATORS
CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE
SHO
FORKLIFT OPER.ATOR
FOUNDATION DRILL OPER.ATOR �
FRONT END LOADER OPERATOR
TRUCK DRNER
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HOURLY RATE
$14.35
10.93
15.29
8.63
16.26
9.59
11.88
9.18
13.17
7.82
15.87
9.29
12.70
9.71
16.95
7.81
14.66
7.91
14.87
9.67
14.66
15.50
13.05
10.54
11.66
11.60
9.80
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� /�� � Q�� *ORR/ 0[►T,C�T• 0/ /W1T �01tTM
d1MN�L 0[►J1614��1 ADED� SUIt��E fdUNs[. t[R1tf OR 6ACRFIIL AS 57'ECIi1f0 tH
SMA�L �E 2 Of FINE 4R 5(tTpNS [ 4 2 ANO E2• 2 Of T�R
' !r[G/�C�i�OM! /OR M'�t[R DE1�11T •
• Y[MT �RO�CCTt� /ORT f�011TN wAT[R .
��[OpIN• 01 �I�R TO 11ATCM ApJACtMT �tCT10M • CL►T.C�T• o/ FO�f wORfM. T[xAt
OR MEpfICAT10N <�!� MNICM[YRII 1• MOR[ " ' . �
. lT1tNK1tt. , � � • � �RGMKD I�LtuTr �MfTK�At�OM
4 OM �YA�IORMO�CTl�1fR l�ROiCT tM�MI[tJt OA 0[MIftR MNfT . . ..
[MKAlTt T1R IV�L'�T?I �[I�fTIM KIIA�. IMYD�tMT A� • --�--__►�►[ .
TO T1�C1QLt�CC1OITp11� � MUTY TO IIiMiTAlO COfNTRNCTqN ' . ..
IA�MIt If M*ROrRMT[�Tlt /UCL 1�OTM OI �NIM10[ fMKL �• ' ' ' • .. • . ' ' ', OrrtH w�ll
K II[MOYtD � IRPLACsO rITN IIrMOrMAT[ TR[AT1�1T TO ' • ' •• • '
EII1f11N• �At[ OR lIJ�MAR MAT[MAI. '
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Flh No. C-322!
TYPiCAL S�CTION—T�EN�H REPa41R
- TYPICAL H. M. A. C'�SURFACE WITH SOII. BASE
C/T 1' Of fORT NbYPTH *�� AfM�LTIC CCMdKT[
NEv•e•S .-•_x
. 7AANti(''�RTA; 1• .N/t t E'1 . Y:. Rh.S OE P T. �[v-u-�-»
F/1►t/KEERANf O/Y/�/ON Rcv-�z-�a.ao
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�'� TYPe �C' o� "� ' �ElQck�i//
� /�ROPOSE',p p,4'VE'D STi4'E"E T
� . . � (Ber�ea f h f'atu�e �Q�ing Qnly)
�itf�i..c7M ' •
.�� � ; • � � • '• • ;• � • .• �• • • ' /�\!!1%//i
,� �' ,� • ::�� ' �,.�r,� ..
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• � ;.•�• �.•�•
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n i�' SQ�d MQteriQl - �`� ���
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".+ti' Embedment
',•: Jnc/udedln Linear Foot $id Price of Pipe.
C�SE 1: PROAoSED AAVEA STREET N.7: S.
EX/Si/NG p,4VED STREET
St�ee�t pQving
. _.,.��'o I_`.' . . .
; • • : • �_� _ . i'c; ,'�;��'� �,`��'4U' ' '
�'fli�tJd . '" ' `- — -- — - -- -: �' •��\ CC[�'6
�,, � f3ose .r .EGu�te� end/ar SidewQ/k
NOTE : r` �.� Sha/1 �Payltem Only If G✓ifhi�
/�avemenf R�pair Is /�� 1.5feetf NominQ� P��e Diameter
LineQr Fvot,Basis,PaYinq ;, �� � 2
h/idfhis Usuolly On� Foo�`8o�h :,� � (2feetl+lin.� �'o The �of The P�pe
,
Sides of Trench, flon�r�r!/pper ; . z �lnd Is Reptaced �s Di�ected hy
Por�ion c�f French Widfh ShQI/ �e �'� � � „ T�ie �'ngin�er.
.
Llefermined 6yContrYrcfor. ';;. :`• � ��`: � Scrnd Materio/ n
� :: L�'I1T�/71�'Il� � . .._ .: �
:: �ncluded In 1 ir�Q� foot Brd P�ice o�' Pipe.
CASE 2: EXISr/IVG PAVE�D STREET nr. r. s.
EXCAVATION, f�ACKF/L L AA/f� pAVEMFN7' R�p,4/R -
� UN�rER AROpOS�'� OR ,EXISTING STREE iS
� � �IGURE A , , ,
� -- — ReV�sed 4 9-Q,2 ,,.
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SECTION E - SPECIFICATIONS
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WIITER OEPJ1aTMENT
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SECiI 0�l E SPcCI FI CAiIO��S
Ja�UARY 1, 197cS
All materials, construction methods and procedures used in this project
shall conform to Sections E1� E2, and ELA of the Fort i�orth Water Uepartment
6eneral Contract Documents and Gene ral Specifications, together with any
additional material specification(s)� construction(s) or iater revision(s).
(See revisions listed on this sheet). Sections El, E2 and E2A of the
Fort Worth Nater Uepartment General Contract Uocuments and General .
Specifications are hereby made a part of this contract documant �y refarence
for all purposes, the same as if copies verbatim herein, and such Sections
are filed and kept in tnz office of tiie City Secretary of the City of
Fort North as an official record of the City of Fort Wortl�.
INDEX
E1
E2
E2A
MATERI AL SPE CI FI CATIO�IS
C0�1S7RUCTION SPECIFICATIO�IS
GENERAL DESIGN QETAILS
Revisions as of Apri] 'L0, 19�1, follow:
E1-'L.4 Backfill: (Correct minimum canpaction requirement to 95A Procter density
and correct P.I. values as follows:) `
c. Additional backfill requirements when approved for use in
streets:
1. Type B Backfill .
(c) Maximum plastic inclex (PI) shall be �i
1. Type C �ackfill
{a) Material meeting requirements and having a PI of 8
or less siiall be considered as suitable for compac�-
ion by hetting
(�) Material rt� eting requirement and having a PI of 9
or more s�iall be considered for use only wi t�� —
rr�eciianieal compact�on •
E1-2.11Trencl� �ackfill: (Correct minimum compactiori requirement wherev�r it
appears in this section to 95a Procter dei�sity except for paragrapn a.l.
wt�ere the "9�X modified Procter density" shall remain uncl�ang��).
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NOTICE
The following blank spaces in the Certificate of
Insurance, Performance, Payment and Maintenance
Bonds, and Contract are not to be filled in by the
Bidder at the time of submittin� his/her proposal.
These forms are included herein to familiarize the
Bidder with such forms which the successful Bidder
will be required to execute.
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CERTIFICATE OF INSURANCE
TO: CITY OF FORT WORTH, �TEXAS Date: 12 / 28 / 99
NAME OF PROJECT: 16'�' Water Meter to Serve the City of North Richland Hill.�
PROJECT NUMBER: PW77-060770250040
� THIS IS TO CERTIFY THAT Prose Backhoe & Utilities, L.L. C
(Name and Address of Insured)
is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter
a described, for the type of insurance and in accordance with the provisions of the standard policies used by this
Company, and further hereinafter described. Exceptions to standard policy noted on reverse side hereof.
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TYPE OF INSURANCE '
� � Policy No. Effective Expires � Limits of Liability
� Worker's Compensation SBP00010779499 41�3/ 4/23/0(l Sraruror3�
Comprehensive General Bodily Injury:
LiabilityInsurance CLP3059474 7/29/99 7/29/00 Ea.Occurrence: $1�000,000
(Public Liability) General Liatility limits of liabilityproperty Damage:
subj ect to claims pendir�, if any Ea Occurrence: $1, 000, 000
� Blasting Included in CGL Ea.Occurrence: $
Collapse of Buildings or Includ"ed in CGL
structures adjacent to ' Ea.Occurrence: $
excavations
IDamage to Underground Included in CGL
Utilities Ea.Occurrence: $
� Builder's Risk
Comprehensive
Automobile
Liability
Contractual Liability
Other Umbrella
CAP3059479 7/29/99
Included in �GL
�UP2526713H 7/29/99
Locations covered: Covera�e Territnrv: TTSA
Description of operations covered: Utilitv work
7/29/00 Bodily Injury:
Ea. Person: $1. 0�� _ (1�p
Ea.Occurrence: $
Property Damage:
Ea Occurrence: $1. 000 , (l(10
Bodily Injury:
Ea.Occurrence: $
Property Damage:
Ea.Occurrence: $
7��2a/on Fa JO
The above palicies either in the body thereof or by appropriate endorsement provide that they may not be changed
or canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or
cancellation.
Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to
be assured, the above policies contain such special requirements, either in the body thereof or by appropriate
endorsement thereto attached.
AQency Trimble—Batier Ins a.ce A�sn�ia_�L.L.P.
rth A ent BY C%��/� ''
Fort Wo g
Address P• 0. Box 2480 Ti e Partner
San Angelo, Tx. 76902 '
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CONTRACTOR COMPLIANCE WITH
WORKER' S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies
that it provides worker's compensation insurance coverage for all of it's employees
employed on City of Fort Worth Project Number PW77-060770250040
D � L'K�h£,< LLfi �. �ie5, � . �c • C .
CONTRACTOR
: � i i I !. �
�/�eSiY.����"
Title
/�/aai9�
Date
STATE OF TEXAS
En� 7a �
COUNTY OF
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BEFORE ME, the undersigned authority, on this day personally appeared
np b b� ��ro�e- 1�res1d ���'� , known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
same as the act and deed of/�,�� �,�� ��..,c„�„/,•`�s L.�.c • for the purposes
and consideration therein expressed and in the capacity therein stated.
��GIVEN LJNDER MY HAND AND SEAL OF OFFICE this �� n� day of
',�, .!(1(�_,f'� � . , 19�.
.
��� a
Notary Public in and for the State of Texas
CODIDELCAMBRE
� MY CONMISSION EXPIRES
MARCH 3, 2001
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TX333189500
THE STATE OF TEXAS
COUNTY OF TARRANT
PERFORMANCE BOND
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KNOW ALL MEN BY THESE PRESENTS: That we (I) Prose Backhoe & Utili�ies, L.L. C.
a(2) T.;ro; ±P�i L,; ah; 1 i tv Comnanv of State of Texas ,
hereinafter called Principal, and (3) Universal Surety of America
0
� a corporation organized and existin; under the laws of the State and fully authorized to transact business in the State
of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation or?anized and
existing under the laws of the State of Texas, hereinafter called O�vner, in the penal sum of:
QOne hundred forty two thousand eighty two and no/100--------------------
($ 142 , 082 . 00 ) Dollars in lawful money 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 ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by these presents.
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THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of Fort Worth, the Owner, dated the a� day of �,�p�pyy� �j �_ , A.D. 19 `� �,
a copy of which is hereto attached and made a part hereof, for the construction of:
16" water main to serve the City of Richland Hills, TX.
designated as ProjectNo.(s) pW77-060770250040 , a copy of which contract is hereby attached,
referred to, and made a part hereof as fully and to the same extent as if copied at len�th herein, such project and
construction being hereinafter referred to as the "work".
NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in accordance with
the plans, specifications, and contract documents during the ori�inal term thereof, and any extensions thereof which
may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands
incurred under such contract, and shall fiilly indemnify and save harmless the Owner from all costs and dama?es
�vhich it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense
�vhich the Owner may incur in makin� good any default, then this oblisation shall be void; other�vise to remain in
full force and effect.
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PROVIDED FURTHER, tfiat if any legal action filed upon this bond, venue shall lie in Tanant County,
� State of Texas.
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AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
chan�e, extension of time, alteration or addition to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obli�ation on this bond, and it
does hereby �vaive notice of any such change, extension of time, alteration or addition to the terms of the contract or
to the work or to the specifications.
IN WITNESS WHEREOF, this instrument is executed in 5 counterparts each one of which shall be
deemed an original, this the 28th day of December A.D., 19 99
ATTEST:
.���r.(�S� �L
(Principal) Secretary
(SEAL)
. � _� �,1�� �r
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r,..�.
•.� -
(SEAL)
(Surety) Secretary
,�P.��/12f�OCJG�?/7�0
Witness as to Surety
P.O. Box 2480, San Angelo, Texas 76902
(Address)
F-2
Prose Backhoe & Utilities, L.L.C.
PRIN IPAL (4)
BY:�.�.tp_ � —/� � �
8659 Blair Road
Justin, Texas 76247
(Address)
Univers��v Suretv of America
Surety �
BY: � ��
�?.�
(Attorney-in-fact) (5)
Jo eph P. 0'Connor
'P.O. Box 1068, Houston, Texas 77251-1068
(Address)
NOTE: Date of Bond must not be prior to date of
Contract
(1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
Individual, as case may be
(3) Correct name of Surety
(4) If Contractor is Partnership al] Partners
shoutd execute Bond
(�) A true copy of Po�ver of Attorney shall be
attached to Bond by Attorney-in-Fact..
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TX333189500
THE STATE OF TEXAS
COUNTY OF TARR.ANT
PAYMENT BOND
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KNOW ALL MEN BY THESE PRESENTS:
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Thatwe(l) prose Backhoe & Utilities, L.L.C.
a(�) Limited Liability Comnany of State of Texas ,
hereinafter called Principal, and (3) iTni verGal Suretv of America
a corporation organized and existing under the laws of the State and fufly authorized to transact business in the State
of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation or�anized and
existin� under the laws of the State of Texas, hereinafter called Owner, and unto all person, firms, and corporations
who may furnish materials, for or perform labor upon the buildin� or improvements hereinafter referred to in the
penal sum of:
One hundred fortv�two thousand ei�htv two and no/100-----�--------------
($ 142, 082. 00 ) Dollars in lawful money 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 ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmiy to these presents.
� THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of Fort Worth, the Owner, dated the �� day of ��► m fj E.�. A.D.,
19 9� , a copy of which is hereto attached and made a part thereof, for the construction of:
D�" watar main t� Gerve the Citv of North Richland Hills. Texas
O
designated as Project No.(s) pW77_060770250040 , a copy of which contract is hereto attached,
� referred �to and made a part hereof as fully and to the same extent as if copied at len�th herein, such project and
construction being hereinafter referred to as the "work".
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NOW THEREFORE, the condition of this obli;ation is such that, if the Principal shall promptly make
payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplyin� labor and materials
in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it
shall remain in full force and effect.
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THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplyin� labor and
material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160,
and all such claimants shall have a direct ri�ht of action under the bond as provided in Article 5160 of the Revised
Civil Statutes.
PROVIDED FURTHER, that if any le;al action be filed upon this bond, venue shall lie in Tarrant County,
State of Texas, that the said Surety, for value received, hereby stipulates and agrees that no chan;e, extension of
time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the
specifications accompanyin; the same shall in any wise affect its obligation on this bond, and it does hereby waive
notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to
the specifications.
PROVIDED FURTHER, that no final settlement benveen the Owner and the Contractor shall abrid�e the
ri�ht of any beneficiary hereunder whose claim may be unsatisfied.
IN WIINESS WHEREOF, this instrument is executed in 5 counterparts each one of which shall be
deemed an original, this the 28th day of December A.D., 19 99
ATTEST: _ PRINCIPAL (4)
/`" Xl.�.�-- B�'� Prose a r.khoe & TTti 1 i � P.S . T.. T. _�'..
(Principal) Secretary �/iio. � s'0--%� a.�,�n.r,�
Fih59 Blair Rd.. .Ti�r.in. TX 7h�47
(SEAL) (Address)
"�� I lY � 1! !/� o TlniverGal SitrPty �f a
Witness as to principal Sur ty /�
P�P��x P.r � �1�� BY: ;%
J e p , `���eyri.in-fact) (5)
(Address) �� P^�� i on or ^„' Ty ��75�1068
ATTEST: (Ad r� . -- --- •
NOTE: Date of Bond must not be prior to date of
Contract
(Surety) Secretary
(SEAL)
r'XJ(.�/�%%�
Witness as to Surety
P.O. Box 2840
(Address)
San An�elo. Texas 76902
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(1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
Individual, as case may be
(3) Correct name of Surety
(a) If Contractor is Partnership all Partners
should execute Bond
(5) A true copy of Power of Attorney shall be
attached to Bond by Attorney-in-Fact.
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TX333189500
THE STATE OF TEXAS
COUNTY OF TARRANT
MAINTENANCE BOND
�
Prose Backhoe &
KNOW ALL MEN BY THESE PRESENTS: That (I) Utilities, L.L. C. � as Principal,
actin� herein by and through (2) Debbie Prose its duly authorized
President and (3) Universal Surety of America a corporation
or�anized under the la�vs of the State of Texas , as surety, do hereby acknowledge themselves to be
held and bound to pay unto the City of Fort Worth, a Mtinicipal Corporation, chartered by virtue of Constitution and
laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of
One hundred forty two thousand eighty two and no/100------------------ Dollars
($ 142, 082 . 00 ) in lawful money of the United States, for the payment of which sum well and truly be
made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their
heirs, e�cecutors, administrators, assi�ns and successors, jointly and severally. �
This obligation is conditioned, however; that,
WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, dated
(��pyy� p_�- � a. �gs 9 for the performance of the following described public work and the
construction of the followin� described public improvements:
�e J� G/O�F�2 �tJ S� ry f �[ /�i �c� O� /1/'Orr� �i C �11it rr� � �5, %�
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all of same bein� referred to herein and in said contract as the Work and being designated as Project No.(s)
Q PW77-060770250040 ; and said contract, including all of the specifications,
conditions and written instruments referred to therein as contract documents being hereby incorporated herein by
reference for all purposes and made a part hereof, the same as if set out verbatim herein; and,
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WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that
it will remain in good repair and condition for and during the period one year after the
date of the final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term
of
one year ; and,
WHEREAS, said Contractor binds itself to repair or reconstruct the �vork in whole or in part at any time
within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be
necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct
said work as herein providad.
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NOW THEREFORE, if said Contractor shall keep and perform its said a�reement to maintain, repair or
reconstruct said work in accordance with all the terms and conditions of said Contract, these presents shall be null
and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect, and said
City shall have and recover from the said Contractor and its surety dama�es in the premises prescribed by said
Contract.
This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until
the full amount hereof is exhausted. .
WHEREAS, all parties covenant and a�ree that if any legal action be filed upon this bond, venue shall lie
in Tarrant County, Texas; and,
IN WITNESS WHEREOF, this instrument is executed in 5 counterparts, each one of which shall be
deemed an ori�inal, dated December 28, 1999 . �
� ATTEST:
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(Principal) Secretary
(SEAL)
���, � �(�m���.
Witness as to Principal
�� � C�`l ' ! ��/ ! ��r X- r����kJ (
(Address)
ATTEST:
(Surety) Secretary
Prose Backhoe & Utilities, L.L.C.
PRINCIPAL (4)
BY: N,/} — �1��
8659 Blair Road
Justin, Texas 76247
(Address)
Universal Surety of America
�urety�i �J
BY: �1 7% �� .�-�-.-+�---
J P . � `�onr�or "fact) (5)
P
251-1068
(Ad ress)
NOTE: Date of Bond must not be prior to date of
Contract �
(SEAL)
�L.����%%/�
Witness as to Surety
P_n. Rox 24A(l, San An�P1.o. TX 76902
(Address)
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(1) CorrectNameofContractor
(2) A Corporation, a Partnership or an
Individual, as case may be
(3) Correct name of Surety
(4) If Contractor is Partnership all Partners
should execute Bond
(5) A tnie copy of Power of Attorney shall be
attached to Bond by Attorney-in-Fact.
G
UNIVERSAL SURETY OF AMERICA
� P.O. BOX 1068 •Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Agency;Information GPA#
9002383 TX 3331896 00
Trimble-Batjer Insurance Associates
Know All Men by These Presents, That UI�TIVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State of Texas, and having its pricipal office in Houston, Texas, does by these presents make, constitute and appoint
Joseph P. O'Connor Peter S. Batjer Randall Saverance
Paul G. Adam
of San An�elo and State of Texas its true and lawful Attomey(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, aclmowledge and deliver
Bonds not to exceed $1,250,000.00 unless such is accompanied by letter of
authority signed by the President, Secretary or Executive Vice President
of Universal Surety of America.
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do within the stated
limitations, and such authority is to continue in force until 6/30/2001 . Said appointment is made under and by authority of the
following resolution adopted by the Board of Directors of Universal Surety of America at a meeting held on the i lth day of July, 1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and is hereby vested with full power
and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company."
"RESOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power of attomey of the corporation, and that such printed facsimilie signature and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America 6as caused these presents to be signed'by its President, Jack McReynolds and its
corporate seal to be hereto affiaed this 2nd day of January, A.D.,1998.
,a,��^""""'��� UNIVER5AL SURETY OF AMERIC �
`�o` b�PETy p k,_ � �
State of Texas =>:„ 04: �;
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Coun t yo f HaYY ls SS. a� i��'�•'�""`�• = JackMcReynolds President
''�„�����*m�oa"���,��
On this 2nd day of January, in the year 1998, before me, Estela Leija, a notary public, personally appeared Jack McReynolds,
personally known to me to be the person who executed the within instrument as President , on behalf of the corporation herein named
and acknowledged to me that the corporation executed it.
—„ _ _
@S'�U LELIA
MY COAIWIS51pF� p(p�pES
n.o�me.r a 2000
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I, the undersigned Secretary of Universal Surety of America, hereby certify that the above and foregoing is a full, true and correct copy of the
Original Power of Attomey zssued by said Company, and do hereby further certify that the said Power of Attorney is still in effect.
GIVEN under my ]�and and the seal of said company, at Houston, Texas, this 28th �y of Decemb er ,19 99
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Assfstant Secretary
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600. 1851-1900/050
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PART G - CONTRACT
THE STATE OF TEXAS §
COUNTY OFTARRANT §
THIS CONTRACT, made and entered into �e� ��,.s �,�� /Q -r/ �
by and bet�veen the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, actin�
throu?h its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER",
and P/�DSf��/'%fii�/�ql U�i�il`/��5, LLC
of the City of �7j,,�p ,�� `�.. , County of ����;p /t) and
State of �x �4s , Party of the Second Part, hereinafter termed
"CONTRACTOR".
� WITNESSETH: That for and in consideration of the payments and ajreements hereinafter mentioned, to
be made and performed by the Party of the First Part (Owner), said Party of the Second Part (Contractor) hereby
agrees �vith the said Party of the First Part (Owner) to commence and complete certain improvements described as
follows: ' �
16" Water Meter to Serve
The City ofNorth Richland Hills•
Water Project No. PW77-060770250040
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 fiirnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with
all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawinss and
printed or written explanatory matter thereof, and the specifications thereof, as prepared by the En�ineers employed
by the Owner, each of which has been identified by the endorsement of the Contractor and the En�ineers thereon,
together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached,
includin� the Fort Worth Water Department General Contract Documents and General Specifications, all of which
are made a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby a?rees 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.
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• The Owner a�rees to pay the Contractor in current funds for the performance of the contract in accordance
with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents
and all approved modifications thereof, and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in sextupficate in the
year and day first above written.
' City of Fort Worth, Texas (Owner)
arty of the First Par�, ����
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Mike Groomer, Assistant City Mana�er
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ATTEST:
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Gloria Pearson, Ciry Secretary
(SEAL)
Party of the Second Part
�%S�C !1�%)D�' 9L �,�j/iJfi1'S, L1..G
Contractor
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APPROVED:
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A. Douglas Rademaker, P.E., Director
Department of Engineerin;
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Approv as to Form and Le�ality:
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Gary Steinber�er, Assistant City Attorney
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Contract Ruthorization
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Date '
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Approved for ort Worth City Water De�rtment:
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Lee C. Bradley Jr., Director
City of Fort Worth, Texas
�►�Ayar And C.aunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
12/21/99 **C-17797 60PROSE 1 of 2
SUBJECT AWARD OF CONTRACT TO PROSE BACKHOE & UTILITIES, INC. FOR THE
CONSTRUCTION OF A 16-INCH WATER METER TO SERVE THE CITY OF NORTH
RICHLAND HILLS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Prose
Backhoe & Utilities, Inc. for the construction of a 16-inch water meter to serve the City of North Richland
Hills on the low bid of $142,082.00.
DISCUSSION:
The City of North Richland Hills is a wholesale water customer of the City of Fort Wo�th. North
Richland Hills plans to expand the capacity of its water pump station on Western Center Boulevard to
meet increasing demands. In order to accurately meter the water to this pump station, the existing 10-
inch meter must be replaced with a 16-inch meter. Replacement of this meter will increase projected
revenue and increase the reliability of the meter station. A bypass will be added as part of this project
to allow testing of ineter accuracy.
On October 21, 1999, the following bids were received:
BIDDER
Prose Backhoe & Utilities. Inc.
Burleson Utilities, Inc.
Stocker Enterprises, Inc.
Linder-Stahl Construction Company, Inc.
Southern Paradise, Inc.
BID AMOUNT
$142.082.00
$159,161.00
$169,500.00
$190,184.00
$217,895.00
Prose Backhoe & Utilities, Inc. is in compliance with the City's M/VNBE Ordinance by committing to 12%
M/VVBE participation. The City's goal on this project is 10%.
In addition to contract costs, $7,105.00 is required for contingencies and $14,209.00 is required for staff
project overview. All of the costs associated with this project are considered "system" costs under the
Uniform Wholesale Contract and will be funded by and through wholesale customer rates.
City of Fort Worth, Texas
n►�Ayar� And Caunc�l Cammun�cAt�an
DATE REFERENGE NUMBER LOG NAME PAGE
12/21/99 **C-17797 ' 60PROSE 2 of 2
SUBJECT ° AWARD OF CONTRACT TO RROSE BACKHOE & UTILITIES, INC. FOR THE
CONSTRUCTION OF A 16-INCH `1NATER METER TO SERVE THE CITY OF NORTH
RICHLAND HILLS .
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are avail�ble in the current capital budget, as appropriated, of
the Commercial Paper-Water Fund.
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Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Lee Bradley, Jr.
Additional Information Contact:
Roy Teal
� FUND � ACCOUNT � CENTER � AMOUNT
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6140 I
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8207 � (from)
IPW77 541200 060770250040 $142,082.00
8472 I ,
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CITY SECRETARY
APPROVED
CITY COUNCIL
DEC 2� 1999
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City Sscretasq Af t3eo
Citp ot' Faxt �r �, ,� . -: