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CONTRACT DOCUME�t'TS ' C o�,� 0'• � � ^
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WATER REPLACEMENT CONTRACT 98EE
CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE �B�.VD., DOE # 2289
HAWTHORNE AVE. FROM WARNER RD. TO IFOREST PA1tK BLVD., DOE # 2311
McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312
MISSION AVE. FItOM GRA.NBURY RD. TO BEWICK ST., DOE # 2313
TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314
WAT'ER PROJECT NO.: PW53-060530175190
KENNETH L. BARR
MAYOR
B OB TERRELL
CITY Mf'�NAGER
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A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
PREPARED�BY DEPARTMENT CS�F ETIGINEERING �,'
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City of Fo�t Worth, Texas
Nlayor and Council
Communication
DATE REFERENCE NUMBER LOG NAME
2isloo **C-17845 I
30DRU
PAGE
of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC.
FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST
ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE �ROM
WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM
GRANBURY ROAD TO BEW(CK STREET; AND TOWNSEND DRIVE FROM DICKSON
STREET TO BIDDISON STREET ,
RECOMMENDATfON:
It is recommended that the City Council:
1. Authorize the transfer of $458,095.50 from the Water and Sewer Operating Fund to the Water
Capital Project Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Project Fund in the amount of $458,095.50 from available ftands; and
3. Authorize the City Manager to execute a contract with D. R. Utilities, Inc. in the amount of
$409,013.50 and 55 working days for Water Replacement Contract 98EE in Clara Street from West
Rosedale Street to Mistletoe Boulevard; Hawthorne Avenue from Warner Road to Forest Park
Boulevard; Mission Avenue from Granbury Road to Bewick Street;, and Townsend Drive from
Dickson Street to Biddison Street.
DISCUSSION:
The Water Department has determined that the water lines in Clara Street, Hawthorne Avenue, Mission
Avenue and Townsend Drive need to be replaced prior to paving improvements. The paving
improvements will be done under one of Transportation and Public Works' street maintenance
contracts.
This project was advertised for bid October 14 and 21, 1999. The following bids were received
November 11, 1999:
BIDDERS
D. R. Utilities. Inc.
Daviia Construction, Inc.
M.E. Burns Construction, Inc. '
Mid-State Utilities, Inc.
William J. Schultz, Inc. d/b/a Circle "C" Construction Co.
Conatser Construction, Inc.
Jackson Construction, Inc.
Burleson Utilities, Inc.
AMOUNT
$409.013.50
$418,485.25
$449,971.50
$455, 785.00
$460,649.50
$461,410.00
$463,206.25
$492,464.35
T(ME OF COMPLETtON
55 Working Days
The low bidder, D. R. Utilities, Inc., is in compliance with the City's M/WBE Ordinance bv committinq to
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City of Fo�t Worth, Texas
Mayor and C,ouncil
Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/8/00 **C-17845 I 30DRU I 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC.
FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST
ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM
. WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM
GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON
STREET TO BIDDISON STREET
18% M/WBE participation. The City's goal on this project is 18%. �
Water contingencies for change orders are $20,451.00, and $28,631.00 for associated construction
inspection and survey.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director cer�ifies that upon approval and completion of recommendation 1, and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water Capital Project Fund.
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Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
A. Douglas Rademaker
� FUND
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� 1&2) PW53
6140 I 2) PW53
2) PW53
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6157 � (from)
� ACCOUNT � CENTER
472045 060530175190
541200 Q60530175190
531350 030530175990
� AMOUNT
$458,095.50 �
$429,464,50 �
$ 28,631.00
CITY SECRETARY
APPROVED 2/S/00
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City of Fort Worth, Texas �
Mayor and C,ouncil
�Communication
DATE REFERENCE NUMBER LOG NAME PAGE
2/8/00 **C-17845 I � 30DRU 3 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC.
FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST
ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM
WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM
� GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM D(CKSON
STREET TO BIDDISON STREET �
1) PE45 538070 0609020 $458,095.50 � ORD. NO. 14083
Additional lnformation Contact: 3) PW53 541200 060530175190 $409,013.50 �
A. Douglas Rademaker 6157
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SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
WATER REPLACEMENT CONTRACT 98EE
CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289
HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311
McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312
MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313
TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314
WATER PROJECT NO.: PW53-060530175190
KENNETH L. BARR
MAYOR
BOB TERRELL
CITY MANAGER
A. DOUGLAS RADEMAKER, P.E., DIRECTOR
DEPARTMENT OF ENGINEERING
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PREPARED BY DEPARTMENT OF ENGINEERING
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TABLE OF CONTENTS
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Notice to Bidders
Special Instructions to Bidders
Part B-Proposal
Minority and Women Business Enterprises Specifications
Part C-General Conditions
Part D-Special Conditions
Section E-Specifications
Certificate 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
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Sealed proposals for the following:
WATER REPLACEMENT CONTRACT 98EE
►d
CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289
� HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311
McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312
MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313
�" TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314
PROJECT NUMBER: PW53-060530175190
� 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., Thursday, November 11, 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 Department 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.
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 initialing 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
contacting the Department of Engineering at (817) 871-7910.
In accord with City of Fort Worth Ordinance No. 11923, as amended by Ordinance No.
R"' 13471, 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
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MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR 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 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 Jim Deeter, P.E. @ 871-7803.
BOB TERRELL
CITY MANAGER
Advertising Dates:
October 14, 1999
October 21, 1999
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GLORIA PEARSON
CITY SECRETARY
Department of Engineering
A. Douglas Rademaker, Director
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�v���ohn Firing, P.E.
Man�lger, Engineering Services
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SPECIAL INSTRUCTIONS TO BIDDERS
�" 1) PREOUALIFICATION REOUIREMENTS: 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 fmancial 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 Deparhnent at least
seven (7) calendar days prior to the date of the opening of bids.
L 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 fmancial 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 fum seeking qualification in work of both the same nature and technical level as
�^• that of the project far which bids are to be received.
^ c) The Director of the Water Deparhnent shall be the sole judge as to the acceptability for fmancial
r,,, qualification to bid on any Fort Worth Water Department project.
d) Bids received in excess 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.
fl Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if
inadvertently opened, shall not be considered.
g) The City wiil 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 bond, 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 successful bidder fails to execute
� the Contract Documents within ten (10} days after the contract has been awarded. To be an acceptable
surety on the bond, (1) the name of the surety shall be included on the current U. S. Treasury 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 will 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.
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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: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort
Worth will not award this contract to a nonresident bidder unless the nonresidenYs 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 compazable contract in the state
in which 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 pazent company or majority owner has its principal place of business in
this state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid
to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify
that bidder.
8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be paid within forty-
five (45) calendar days after completion and acceptance by the City.
AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government,
Contractor covenants that neither it nor any of its officers, members, agents employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their age except on the bases
of a bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or
advertisements for employees to work on this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory requirements.
Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City
harmless against any claims or allegations asserted by third parties or subcontractor against City
arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the performance of this agreement.
10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully
discriminate on the basis of disability in the provision of services to the general public, nor in the
availability, terms and/or conditions of employment for applicants for employment with, or employees
of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's
provisions and any other applicable federal, state and local laws concerning disability and will defend,
indemnify and hold City harmless against any claims or allegations asserted by third parties or
subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to
comply with the above referenced laws concerning disability discrimination in the performance of this
agreement.
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11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth
Ordinance No. 11923, as amended by Ordinance No. 13471, 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. The bidder shall submit
the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD
FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by
the managing deparhnent 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 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 (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.
Revised 1/27/99
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This proposal must not be removed from this book of Contract Documents.
� TO: Bob Terrell Fort Worth, Texas
City Manager
Fort Worth, Texas
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PROPOSAL FOR: The furnishing of all materials, except materials specified to be
furnished by the City, equipment and labor for the installation of approximately 5900
L.F. of 8 Inch Water Pipe and all necessary appurtenances and incidental work to provide
a complete and serviceable project designated as:
WATER REPLACEMENT CONTRACT 98EE
CLARA ST. FROM W. ROSEDALE ST. TO MISTLETOE BLVD., DOE # 2289
HAWTHORNE AVE. FROM WARNER RD. TO FOREST PARK BLVD., DOE # 2311
McPHERSON ST. FROM STADIUM DR. TO ROGERS AVE., DOE # 2312
;., MISSION AVE. FROM GRANBURY RD. TO BEWICK ST., DOE # 2313
TOWNSEND DR. FROM DICKSON ST. TO BIDDISON ST., DOE # 2314
�
Water Project No. PW53-060530175190
Pursuant to the foregoi�.g 'Notice to Bidders', the undersigned Bidder, having thoroughly
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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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UNIT I: WATER
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 following
items)
(D-No. refers to related items in the Part D Special Conditions:)
1. 67 L.F. 6-Inch Water Pipe *,
D-19,D-23; Per Linear Foot:
�c�r� ���T�i — /' i 1� �- Dollars
and � , � � Ii Cents
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2. 5865 L.F. 8-Inch Water Pipe *,
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$2� 5� $�7b�
D-19,D-23; Per Linear Foot:
1
T,�, �.� � �i - . � i x Dollars �, �� � ���
and � /1/v Cents $ ,s-, lo . $ � � >2 � �� .
3. 60 L.F. 12-Inch Water Pipe *,
D-19,D-23; Per Linear Foot:
� � � , .� Dollars �>� �j
ar_d i�„� Cents $�� . $ / 9��•
4. 6 EA. 6-Inch Gate Valve w/ Cast Iron
Box and Lid,
D-17; Per Each:
S i x , � � ov .
�u r�dr � 1�I S� �� Dollars $ [O, �� $ -- � �-�J ,
and /�/�> Cents
5. 13 EA. 8-Inch Gate Valve w/ Cast Iron
Box and Lid,
D-17; Per Each v�
Se vF � < ,9 � <.� n f
f'/c� ��;�,�r�rX ,�� Dollars $ /.���%. � $� / S �,
and /►�i> Cents
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i�iuril(� � ,`'.. �c;'�(!�(� e D .
,:��,:�C�--� ,..�V�D
li'IZ ��r.;��i�. s �!DJ/
.: L� � � � G_�G �
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6. 2
EA. 12-Inch Gate Valve w/ Cast Iron
Box and Lid, o�
D-17; Per Each l ��-
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�/1/� T vi�s��� �-/,� A�Tr��Dollars $���
and /�v Cents �G�
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7. 3 Tons Gast Iron/ Ductile Iron Fittings,
D-18; Per Ton
i c.�J fi Dollars c�% �
and / /U Cents $ �CJOI�, $ �jn��
8. 6 EA. Standard Fire Hydrant, 3'-6"
Bury Depth; Per Each
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%hh uS�indt � �' ` . �ollars �,� � ��
and /\�L� Cents $��)/`j, $ ���,
9. 12 L.F. Fire Hydrant Bbl. Extension; Per
Linear Foot:
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� r� E'_ ��,�r� Dollars
and /(/; � Cents
10. 5 EA. Remove Existing Fire Hydrant,
D-16; Per Each
� j�/F /G%h„/r�G�- Dollars
and /�/C� Cents
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$ /l�,
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$ 30�.
$3�G�, °%
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$�
11. 90 L.F. 6-Inch Cl. 51 DIP, for Sanitary
Sewer Replacement at Variable
Depth, D-9; Per Linear Foot:
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T�, �`; ft/ -� v o Dollars $.,�� /
and � Cents
12. 125 EA.
1-Inch Service Taps to main,
D-15; Per Each
/h�"eC h'Gtf;��r��/� Dollats
and /I/v Cents
D%
$ 2� s D.
�o�,°v $�7so�.��
il,���n�ln '��� r� ,IL�
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I�l L: �V6��,:J`:�.+�VU� U (/UO
13. 2385 L.F. Install 1-Inch Copper Service
From Main to Five (5) Feet Behind
the Meter, D-15; Per Linear Foot:
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�' � � i� li�' � Dollars $ � , -
and /�ln Cents
14. 2
15. 10
16. 22
17. 125
18. 1
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EA. Relocate 1-Inch Service Meters
and Meter Boxes,
D-15; Per Each
� �
�(,(�I� ��� ��,�r�� Dollars $ o���
and /�/�� Cents
EA. Relocate 3/4-Inch Service Meters
and Meter Boxes,
D-15; Per Each
�.
��o i�Gt �i,%'r �/i� Dollars $ .> ��, �" �
and /l/d Cents
EA. Install Multiple Service Branches
For 1-Inch Copper Service,
D-15; Per Each
�r PP �� Dollars $ 3(�(°� ;��
and /��i� Cents
EA. Furnish and Set Class 'A', 'B', and
'C' Meter Boxes,
D-15; Per Each
�,
(� �/�/� ��,^/;'/,����( ����ollars $ ��� ,
and ///,�� Cents
vj
$ /�C��( ,
J/ c�`�
$ '7 � ,
��i
$�
, n��
$ '.��1�12.
$.������, o�
o .�11, /
L.S.. Furnish and Lay 2-Inch Pipe and
Fittings for Temporary Service,
D-22; Per Lump Sum
�;� j
i�v T��i��Dollars $%�l.'�, $ ���GY,.
and ,f /�, Cents �
-.,.: n . "7G'i1�'.;��
_ ,�;� �� ..., li _'_ _. ._ . �.
� �!'I'u �c���;":;'�1.r,� �~�1C�,U
�L��Ou UUr�'��tIlUU9 ��Wo
19. 48 S.F. Concrete Sidewalk Replacement
D-11; Per Square Foot
FI/ �_ Dollazs ( �� Z y a%
and �/U Cents $ ,., ; $ � ,
20. 9 S.F. Exposed Aggregate Concrete
Driveway Replacement, D-11; Per
Square Foot
�- 0
v pc�
/ P. / 1 Dollars $ � �, $ �v,
and /j /�) Cents
21. 30 C.Y. Crushed Limestone,
D-12; Per Cubic Yard
���Y' � ,�, Dollars � c�i dj
and �� �, Cents $ �S , � $ ��.
22. 10 C.Y. Class'B' Concrete (2500#);
Per Cubic Yard
,�/ X tl � Dollars � v�' / %
and � /I /i � Cents $ C��, $ �ll�%�-
23. 10 C.Y. Class'E' Concrete (1500#);
Per Cubic Yard
��� � Dollars U� _ �
and /��c� Cents $ , �(�. $ ,� (�� � �
24. 100 L.F. Trench Safety System,
D-14; Per Linear Foot:
,�/n Dollars ��j ��
and ,�f,�-� Cents $�y � $ _-��,
25. 100 L.F. Extra Depth of Water Mains;
Per Linear Foot:
�-�/V,� Dollars �v �
and �i�� Cents $ /, -! $ ��JD �
.
�:������uGO�� E'�G��D
f,� ; w� e
B-5 ..��ti ���G��S °��
��l�o ��='t�'��o ���{o
26. 385 L.F. Concrete Pavement on 2:27
Concrete Base, Fig. l,
D-13; Per Linear Foot:
� vv ,
��r �l� - �� )�-� Dollars $ ��� , � $ / ��oZS . �
and ) ii ,,, Cents
27. 2125 L.F. Minimum 1%Z" HMAC on
Reinforced Concrete Base, Per Fig. 2,
D-13; Per Linear Foot:
0
� f � /� � i'� Dollars $ � �, �
and �i�� Cents
28. 6325 L.F. 2-Inch Hot or Cold Mix Temporary
Pavement Repair, Per Fig A,
D-24; Per Linear Foot:
�/ ��v
� 1/� r� Dollars $ / , ��
and /��,� Cents
TOTAL AMOUNT BID
*Type of Pipe Used
PVC DR-14: l�"
DIP Class 51:
i: .
$ � % S v%
$ �'�,� �� �'%
$ ��9 D /�3. ��
�
_�. ^�: ; ,-�r,����
_ � ; ;i�� ,r'�
. ''� . � �r,= � u-.�.- . -
'1`. "_r,,,' ;;i�r�',��� �,j!��r� U1 U
,i�V;i;i �
_,I,,
��u, ���Jb`:'�(�o ��{. ,
�
�
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
caused thereby.
�
The undersigned bidder certified that he has been furnished at least one set of the General
Contract Documents and General Specifications for Water Department Projects dated
January 1, 1978, and that he has read and thoroughly understands all the requirements and
i.,: conditions of those General Documents and the specific Contract Documents and
appurtenant plans.
The undersigned assures that its employees and applicants for employment and those of
any labor organization, subcontractors, or employment agency in either furnishing or
referring employee applicants to the undersigned are not discriminated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7400.
""' The Bidder agrees to begin construction within 10 calendar days after issue of the work
� order, and to complete the contract within 55 working days after beginning
construction as set forth in the written work order to be furnished by the Owner.
(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 lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of , our principal
place of business, are not required to underbid resident bidders.
�.
B. The principal place of business of our company or our parent company or
" majority owner is in the State of Texas.
„
�
� �`���`��=7c0�.� G�:'�C�G�D �
�:=��'�� �����G�� ° �1�
� B—� �,= ��', C'��!�"�G�➢ ���o
I(we) acknowledge receipt of the following addenda to the plans and specifications, all of
the provisions and requirements of which have been taken into consideration on
preparation of the foregoing bid:
Addendum No. 1(Initials) Addendum No. 3(Initials)
Addendum No. 2(Initials) Addendum No. 4(Initials)
(Seal)
Date: /�n,f� ��1�
• ��
Respectfully submitted,
, �� /� f / �,� �
� _,�� -�c ,
BY� �
��
Title ' ¢
___L� �.0 n�/
Address
� /��X /��/
�I�L. � %�a _� �� %o�-i�.�/
Telephone:�/ `� - �yi� `�-
�-� �/�-a�d-D/ 7�
�
- �� ,;r r�,r� �� �. ��[.�,�G.��r�D
;, �
,, ,
_ ,., ,;;c, �. , ,y
I( ��i��,; IC:����'� II�.L� �fi��Ci� i
�; ; 'u ��. �, , ,1�U
G�a VU�JIICIUUU9 �l�(l110 `
n
ATTACHMENT 1A
� G E"4' T � �� Page 1 of 2
�,;a�,�r�r� of Fort Worth
Minorit���i��liomen usiness Enterprise Specifications
° 99 P�0'� 17 ����E UTILIZATION,
�.� �f -f i � l � ! e . � � ¢. � ��� v // �>� ,� �" /�vi'�
JIE COMPANY NAME BID D
��.�,�- n �t�.��n� �.s-� 9r�
'ROJECT NAME PROJECT NUM�ER
�i�_fP� � r�' 1.���� � /���. �� �
'1"S MlWBE PRO�CT GOAL: ���� I M/WBE PERCENTAGE ACHIEVED: %�`'_� �
'^�lure to complete this form, in its entirety with supporting documentation, and received by the Managing
�artment on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will
•esult in the bid being considered non-responsive to bid specifications. ,
: undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE �rms for work listed in this
���iedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered
�-responsive to specifications. J
�
Company Name, Contact Name, certified � Specify All Contracting Specify All Items to be Dollar Amount
Address, and Telephone No. - _ Scope of Work (") Supplied(") ,�.�
a �> ��
� oo ��
� x
z � �
' � � �,��' ,�a�,�0
�u��/f� ' 1
�
�,��y,��.,��a
I 1 /�
����L��/l�' " l
, S
�
; : � �',� y � �,.�_ .
. .
fi��/<�'�f - -._ _
f�1rh �S� �
S'a i�� /3a���1`� � ,,�'�i OO� .
/7a-�l c� �J
o� �xc ess �r�1�
TP�,� ��� .
����s�, se_
l���l +^Xi�l��;
�
�f��� ��
- --.. ��-�f �e�aA �_� _ .
z �
��o�D�
� . � �Da �
�
MIWBEs must be located fn the 9(nlne) county marketplace or currently doing business In the marketplace at the time of bid. �
I() Specify atl areas in which MWBE's are to be utilized and/or items to be supplied: I
I(*1 A complete listing of Items to be supplied is required in order to receive c�edit tovrard the M/WBE goal. ]
I('� , dentify each Tier level. Tier: Means the level of subcontracting belowthe prime contracto�/consultant, l.e., a direct payment
from the prime contractor to a subcontractor is considered 1" Uer, a payment a subcontrector to
its suppller is consldered 2"' tler. n � �,- �.
`— U �;:L �l�:��� Uj t1 �i+
��. ULI
—HIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) C17Y BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev. 6I2198
]
city of Fort wortn
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
Company Name, Contact Name, certified - Specify Atl Contracting Specify All Items to be
Address, and Telephone No. a � Scope of Work (;j Supplied(') ,��
� oo �m
U X � y ~
2 �S
I
��
MI
i'
,1
i
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) arrangements submitted with this b I.
The bidder also agrees to allow an audit and/or examination of any books, records and files held by their comp� y
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 �' ,r
terminating the contract or debarment from City work for a period of not less than three (3) years and for initiat g
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 fr�m
participating in City work for a period of time ot less than one (1) year.
ALL M s and WB MU E CERTIFIED BY THE CITY BEFORE CONTRACT A�Aj�D �
,• � .�
� ���� C� _ �-� �n r, t1, �r� l. ��� C��e,
Authorized Signature� Printed Signature >-
// � � �i� ,-.��-- • F
'ff t
Title
� j� /�1�� �/�i� / !� �-
Company Name
���� � /���
Address
Contact Name and Title (if di eren )
�/i- �'"�%% �%�1 / ��.- ���`�9'-�� ��
Telephone Number (s)
rP'/7 - �'�o -ol '7 q
Fax Number
�
�
�/� � � ��1'�!. � � / ���� _ l�� � %%ll(% . / �% ��' � n7
CitylStatelZip Code � Cfate � � � t
� . < � . �;��:L,'��J��I�:;; r
-,�,� r,e,� .
,..; ��;
� r� �
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev. 2/f
ATTACHMENT 1A
Page 2 of 2
Dollar Amount �
C2-2.7 Delivery of Proposal
C2-Z.8 Withdrawing Proposals
C2-2.9 Telegraphic MoBification of Proposals
C2-2.10 Public Opening of Proposal
C2-2.11 Irregulaz Proposals
C2-2.12 Disqualification of Bidder�
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
C4-�
C4-4.1
C4-4.2
C4-4.3
C�-4.4
C4-�.5
C4-4.6
C4-4.7
CS-5
CS-5.1
CS-5.2
C5-5.3
CS-5.4
CS-5.5
CS-5.6
CS-5.7
CS-5.8
CS-5.9
CS-5.10
CS-5.11
CS-5.12
CS-5.13
CS-5.1�
CS-5.15
CS-5.16
CS-5.17
CS-5.18
AWARD AND E7�CDTION OF DOCUl�iENTS
Considezation of Pzoposals
Mir.ority Business Entezpise
Women-Owned Busir►ess Enterprire
compliance
Equal Employment Provisions
Withdzawal of Proposals
�►ward of Contraet �
Return of Pzoposal Seeurities
Bona6
Execution of Contraet
Failure to Execute Contract
Beqinninq work
In�urance
Contractor's Obligations
Weekly Payzoll
Contractor's Contract Administration
Venue
SCOPE OF WOR1C
2ntent of Contraet Documents
Special Pzovisions
Inerea8ed or Deereased Quantities
l�,ltezation of Contract Documents
Extra work
Schedule of Operations
Pzoqress Schedules for water and
Sewez Plant Facilities
C2-2 (4)
C2-2 (4)
V`�� � � �
C2-2 (4)
C2-2 (4)
C2-2 (5)
C3-3 (1)
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
C3-3
(1)
(1)
t2)
(2)
(2)
(2)
(4)
(�)
(�)
(4)
(7I
(7)
(7)
t8I
C4-�
C�-4
C4-4
C�-4
C4-4
C�-�
C4-4
CONTROL OF iA0R1C 1�►ND l�UTERIALS
�►nthozity of Engineer CS-5
Conform.ity Mith Plans CS-S
Coordination of Contract Documeats CS-5
Cooperatioa of Contractor CS-5
Emergency and/or Rectification Nozk CS-5
Field Of f ice �-5
Construction Stakea CS-5
Authozity aad Duties of Iaspectors CS-5
Inspectioa �'S
Removal of Defective and Ooanthorised Mork CS-5
Substitute Materials or 8quipment CS-5
Samples and Tests of trlaterials CS-5
Storage of trlaterials � CS-5
Existinq Structure� and Dtilitie• CS-5
:nterruption of Service CS-5
Mutual Respoasibility of Contrac��to� -5
Clea�up f - . , �,r�;�� -5
Final In�pcctioo
��
��;��1'':�:. �.�-J U.l]���%��'. �S
- ,,
- ,..T� :C �I�{'�(?�1�'„tt� U
u l�, i�;
�ii .(`;;� ;',j'�I�f�'�y �I,�(Nc
� u�
tl)
(1)
Il)
(2)
t2)
(3I
(4)
�1)
(1)
(2�
(2)
(3)
(3)
�3)
(4)
IS)
t5)
(5)
(6I
t6)
(7)
(7)
(8)
(8)
(9)
�
�
,�
.�
�Z�
...
�
�
��
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, l, 1967
TABLE OF CONTENTS
�
�
�
�
�
i
1
�
�
��
C1-1
C1-1.1
C1-1.2
C1-1.3
C1-1.4
ci-�.s
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
Pzoposal
a�aa�r
General Conditions
Special Conditione
Specif ication6
Bond
Contzact
?lans
City
City Council
Mayoz
City Manaqer
City Atiorncy
Dizector of Public wozks
Dizec�.or, City Water Department
Enginee�
Contzactoz
Sut�tie6
The wozk o= project
Workin� Day
Calendaz Day
Legal Holiday
l�bbzeviations
Change Ozder
Paved Stzeets and J�lleys
Uapaved Stzeeti ar►d I�►lleys
City Stzeets
Roadway
Gzavel Stzeet
CZ_2 INTERPRETATION AND PREP�►R�TION
OF PROYOSI►L
C2-2.1 Proposal Form
��_2.2 Interpretatioa of Quantitiea
C2-2.3 Examination of Coatraet Documents
ana Site
�2-2.4 Submittinq of Proposal
C2-2.5 Rejection of Proposals
C2-2.6 Bid Secuzity
C1-1
C1-1
C1-1
C1-1
C1-1
ci-�
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
C1-1
C1-1
C1-1
Cl-1
C1-1
C1-1
Cl-1
C1-1
Cl-1
Cl-1
C1-1
Cl-1
C1-1
Cl-1
Cl-1
C1-1
(1)
(1)
(2)
(2)
(2)
cZ�
(2)
�2)
(2)
(3)
(3)
(3)
(3)
(3)
(3)
I3)
(�)
(4)
(4)
(�)
(4)
t4)
(4)
(�)
(4)
IS)
(6)
(6)
(6)
t6)
t�6 )
(6)
C2-2 (1)
C2-2 (1)
C2-2 t2)
C�-2 (3I
C2-2 t3)
C.2-2 ( 3 )
c i � ��;���� cU�:� ����� ��D
� �� ��' ����G�����
�i � Vt%v � ��Wy U LSWo
C8-8.3
C8-B.�
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
CB-8.10
C8-8.11
C8-8.12
CB-8.13
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adquacy of Desiqn '
General Guaranty
Subsidiazy Work
Miscellaneous Placement of Material
Record Documents
ci�
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 l4)
CB-8 (4)
C8-8 (5)
C8-6 (5)
C8-8 ( 5 )
�
� _ --��,����q f'�,�JG°�D
'.��ui: �.., t.
� r�sRJ1��
'f����f �N�I?��,yu�l7WN
; �u U C�.-'
��o �u�``'�� ��. �
r
..
�
r
'
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
,,,� C6-6.1b
�I
��
C6-6.17
C6-6.18
C6-6.19
C6-6.20
C6-6.Z1
P
�
�
C7-7
C%�%.1
C7-7.2
C7-7.3
C7-7. �
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
�
r. C7-7.15
�C7-7.16
� C7-7.17
r'� C8-8
� C8-8.1
C8-B.2
r�
,
,
�
r�
I.EGAL RELATIONS AND pUBLIC RESPONSZSILZTY
Laws to be Observed
Permits and Licenses
PaLented Devices, Materials and Pzocesses
Sanitary Provisions
Public Safety and Convenience
Pzivileges of Contractor in Stzeets,
Alleys, and Right-of-Way
Railway Crossing6
Barricades, Warnings and Watchmen
Use of Explosives, Drop Weight, etc.
Wozk Within Easements
Independent Contzactor
Contractoz's Responsibility foz
Damage Claims
Contzactor't Claim foz Damages
Adjustment of Relecation of Public
Otilities, etc.
Temporary Sewez Drain Connections
Arzange.ment and Chazges of Water
Furnished by City
Use of a Section of Portion of the Wozk
Contractor's Responsibility foz wcrk
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECOTION AND PROGRESS
Subletting
Assignment of Contraet
Pzosecution of the work
Limitation6 of Operations
Character of workman and Equipment
Nork Schedule
Time of Commencement and Co�apletion
Exten6ion of time of Completion
Delays
Time of Com�letion
Suspension by Court Order
Temporazy Suspension
Termination of Contract due to
National Emergency
Suspension of Abandonment of the
work and Annulment of Contract
Fulfillment of Contraet
Termination for Convenience of the Onwez
Safety Method6 and Practices
[�ASUREMENT AND PAYMENT
Measuzement of Quantities
Lnit Prices
C6-6 (1)
C6-6 (1)
C6-6 !1)
C6-6 (2)
C6-6 (2)
C6-6 t3)
C6-6 (4)
C6-6 (4)
C6-6 (5)
C6-6 (6)
C6-6 � 8 )
C6-6 (6)
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
C'I -7
C7-7
C7-7
C�-7
C?-7
C7-7
G7-7
C7-7
C7-7
C7-7
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(2)
t2)
(3)
(4)
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(4)
(5)
l�6 )
(6)
C7-7 (7)
C7-7 (7)
C7-7 t9)
C7-7 (10)
C7-7 (13)
C8-8 tl)
C8-8 tl)
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C1-1.3 NOTICE TO BIDDE S: All of the legal publications
eithez actually publishe��in public advertising mediums oz
f urnished dizect tc interested parties pertaining to the work
contemplated under the Contract Documents eonstituLes the
notice to bidders.
C1-1.4 PROPOSALs The eompleted wzitten and siqned offer or
tender of a biddez to perfozm the wozk which the Ow�er deiires
to have done, together with the bid security, eonstitutes the
Proposal, which becomes bindinq upon the Bidder when it is
officially zeceived by the Owner, has been publicly opened and
read and not rejeeted by the Owner. �
C1-1.5 BIDDER: �ny person, persons, firm, partnership,
company, aasoci�ation, corporation, acting direetly or through
a duly authozised representative, submitting a proposal for
performing the work conte,m�lated under the Contract Doeuments,
constitutes a bidder.
C1-1.6 GE ERP►L COND TION$ : The Genezal Conditions are the
usual cons�ruction aa� contzact requirements Mhich qovern the
perf ormance of the wozk so that it vill be carzied on in
accordance Mith the customary procedure, the local statutes,
and requizements of the City of lort �orth's charter and
promulgated ordinances.
�herever
Condition�
precedence
tbeze may be • confliet betveea the Genezal
aad 8peeial Conditions, the lattez shall take
and shall qovern.
C� 1.7 SP QC��L CQNDZTIONS: Speeial conditions aze the
s citic re u rements vhicb are necescary f oz the particulaz
pr oject covezed by the Contract Documenta and aot specifically
covezed ia the General Conditions. �hen coAeidered vith the
Genezal CoAditions and other elemeAts oi the Contraet
Documents they provide the informatio� vhicb the Contzactor
and Owner should have in order to qain a Lhorough knowledge of
tbe project.
C1-1.6 SPEC�FZCATIONS: The Specifications is that section oz
part of the ontract Doeument� vhich sets iorth in detail the
requirements Khich must be met by all materials, constructioa,
vozkmaAship, equipment aad service• ia order to zender a
completed and useful pzoject. lihenever reference is made to
atandard �pecifications, regulations, requirements, statutes,
etc., such zeferred to documents shall become a part of the
Contract Documents juit aa though they vere embodied thezeia.
C1-1.9 SOND: Tbe bond or bonds are the wzitten guarantee oz
aecurity turaished by the Coatractor for tbe prompt and
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PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contzact
Documents the following terms or pronouns in place of thea� are
used, the intent and �eaning ihall be understood and
interpzeted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contzact Documents are all of
the wzitten and draWn documents, such a6 cpecifications,
bonds, aadenda, plans, etc., which qovezn the tezms and
performance of the contzact. These are contained in the
General Contract Documents and Lhe Special Coatract Documents.
a. GENERAL CONTRACT DOCUMENTS: The Genezal Contzact
Documents govera all water Department Pzojeets and
include the followinq itemss
NOTICE TO BIDDERS ISample)
PROPOSAL (Sample)
GENERA.L CONDITI�NS (CITY)
(Developer)
SFECII►L CONDITIONS
SPECIFICATIONS
PART A -
PART B -
PART C -
PART D -
PARTE-
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PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTR�ICT
(Sample)
cs�i��
i�h i te
iPh i te
Canary Yellow
Bz ovn
Gzeen
El-iPh i te
E2-Golden Rod
E2�-Khite
Blue
Nhite
Nhite
b. SPECIAL CONTRACT DOCDMENTS: Tbe Special Contzact
Docua►enta are prepared for eacb ipecifie project as
a supplement to tbe General Contract Dccumenta and
include the followinq items:
' PART A- NOTICE TO BIDDERS
above
PART B - PROPOSAI. (Bid)
� PART C - GENERAL CONDITZONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
� PART F - BONDS
PART G - CONTRACT
(�►dvertisement) Same as
PART H- PLANS (Dsuallp bouad separatelp)
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C1-1.17 DIRE TQR OF PUBLIC WORRS: The duly appointed official
of the City o� Fort Worth, refer,red to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1.18 DIRE TOR ��T� W�TER DEPARTMENT: The duly appointed
Dizector of �he �ity Water Department af the City of Fort
Worth, Texas, or his duly authorized representntive,
assistant, oz agents.
C1-1.19 ENGIN ,ER: The Dfzector of Pubiic works, the Dizector
ot the Fort �orth City Water Department�, or. thnir c'�ul
authorized assistants, agents, engineers, inspectozs, oz
superinteadents, actinq wi.thin thc scope of the particular
duties entru6ted to them.
C1-1.20 CONTRACTOR: The perron, persons, partncr�hip,
company, tirm, associatioa, or corpozation, entering into a
contzacL with the Owner for the execution of the work, aetinq
directly or through a duly authorised repreaentative. �
sub-contractor is a peraon, firm, corporation, or others under
contract with tbe principal contractoz, 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
su�h bonds are required with and for the Contractor. The
sureties engaged are to be fully zesponsible foz the e�tire
and satisfactory fulfillment of the Contract and for ar�y and
all requirements as set forth in the Contzact Doeuments and
approved changes theteio.
C1-1.22 THE WOR1C OR PROJECT= The completed vork contemplated
in and covezed by the Co�tr�►ct Documents, including but not
limited to the f urnishing of all laboz, materials, tools,
equipment, and inciaentala necescary to produce a completed
and serviceable project.
C1-1.23 WORRIN� DAY: �► vorking day is�defined aa a calendar
day, not including Sr�turdays, Sundays, and legal holidayc, in
which the weather or other coaditions not under the control of
the Contractor permit the performaace of the principal unit of
work for a peziod of not less than seven (7) hours DetWeen
7:00 a.m. and 6:00 p.m., Mith ezceptions as permitted ia
paragraph C7-7.6.
C1-1.24 CALENDAR DAYS: 11 calendaz day is any day of the week
or month, no days beinq excepted.
C1-1.25 LEGAI, HOLIDAYS: Leqal holidays shall be obsezved as
presczibed by the City Council of the City of Fort Worth for
observance by City employees as follows:
C1-1 (�)
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faithful performance of the contract and include the
following:
a. Pezformance
b. Payment Bcnd
c. Meintenance
d. Pzcposal oz
to Bidders,
Sond (see paragraph C3-3.7)
(see paragzaph C3-3.7)
Bond (see pnragrnph C3-3.7)
Bid Security (see Special Instructions
Part A and C2-2.6)
C1-1.10 CONTRACT: The Contraet is the formal signed agzeement
between the Owner and the Contractor covering the a�utual
under�tanding of the two contracting parties about the project
to be completed undez the Contract Documents.
C1-1.11 PLANS: The plans are tAe drawings or reproductions
theretzoa� made by the Owmer'� zepresentative showinq in detail
the location, dimension and po6ition of the vazious elements
of the project, including such pzofile6, typieal
crose-sections, layout diaqrams, working dzaWings, pzeliminary
drawing6 and such supplemental drawings as the Owner may issue
to clazify other drawings or for the puzpore of showinq
changes in the work hereinaftez authotized by the �wnet. The
plans aze usually bound 6eparatcly fzom othez parts of the
Contract Documer�ta, but they are a part of the Coatract
Documents just as though they were bound tt�ereii�.
C1-1.12 Cl2Y: The City of Fort Worth, Texas, a municipal
corporation, authozized and chartered uadez the Texas State
Statutes, acting by and thzough its govezning body or its City
Manger, each of whieh is zequired by charter to perform
specific duties. Responsibility for final eaf ozcement of
Contracts involving the City of Port iiortl, is by Charter
vested in the City Manager. The terms City and Owaer are
syncnymous.
C1-1.13 CITY COpNCi�,: The duly elected and qualified
governing body ot the City of Fort North, Texas.
C1-1.14 MAYOR: The officiallp eleeted Mayer, or in his
absence, the Mayor Pro tem of the City of Fort fAorth, Texas.
C1-1.15 CITY MANAGERs The officially appointed and authorized
' City Manager ot the City of Fort i�orth, TeYas, or hi� duly
authorized representative.
� C1-1.16 CITY �TTORNEY: Tbe offieially appointed City 7�ttozney
of the City o�ort Worth, Tesas, oz hfs duly authorised
representative.
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C3-1.27 CAANGE ORDER: A"Change Ordez" is a wzitten
supplemental agreement between the Owner and the Contractor
covering some added oz 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 quantitie� stated in the proposal aze not the subject
matter of a Change Order unless the iaczense or decrense is
more thaa 25i of the amount of the particular item cr items in
the oriqinal proposal.
All 'Change Order�• shall be prepared by the City fzom
information as necessary furnished by the Contzactor.
Cl-1,� 7R P��1FT1 R'�REETS AND �LLEYSs 1► paved street or alley
shallybe e�ined a� a stzeet ot alley having one of the
f ollowing types of wearing surfacei applied ovez the natural
unimproved surfaces
1. �,ny type oi aaphaltic concrete vith or vithont
sepnrate base matezial.
2. Any type of asphalt suzface treatment, not
ineluding ao oiled •uzfaee, �itb oz Mitbout
separate bace material.
3. Brick, with oz vithout separate base material.
4. Concrete, vith or without aeparate base matezial.
5. P►�y combination of the above.
C1-1.29 IINPAVED STRE$TS OR ALLEYS: J►n unpaved atreet, alley,
zoadway or othcz surtace i� any area except those defined
above for •Paved Streets and Alleys.•
Cl-l. 30 C2TY ��}tEETS: y 7► city street is defined as that area
between the ri t-of-va line� as the �treet is dedieated.
C1-1.31 ROADi4AYs
pazallel lines two
( 4' ) f eet back of
exists.
The roadvay is defined as the azea between
(2') feet back of the eurb lines or four
tbe average edge of pavement ahere no curb
C1-1.32 GRAVEL STREET: J1 qravel street is any unpaved street
to wh�ch ha6 been added one or more application� of gravel or
.similar material other than the natural material found on the
street surface before any impzovement va� made.
C1-1 (5)
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New Yeaz'6 Day
M. L. 1Cing, �r. Birthday.
Nemorial Day
Indepen�ence Day
Labor Day
Thnnksgiving Day
Thanksgiving Friday
Christmas Day
Such other days in lieu of
holidays as the City Council
mny determine
January 1
Third Monday in January
Lasi Monday in i+iay
July 4
Fizst Monday in Septembet
Fourth Thursday in November
Fourth Fridny in Novembez �
December 25
When one of the above named holidays oz a special holiday is
declazed by the City Council, falls on Satuzday, the holiday
shall be observed on the pzeceding Pziday or if iL falls on
Sunday, it shall be observed on the following Monday, by those
employees wozking on working day operations. Employees
Workinq calen3az day operations will considez the calendar
holiday as the holiday.
C1-1.26 ABBREVIATIONS: Wberevez the abbzeviationr defined
her�in appeaz in Contr�act DocumeAt�, the intent and meaning
shall be a6 fo�.lows:
AASHTO -
ASCE -
LAw -
AS TM -
AWWA -
ASA -
HI -
Asph.
Ave.
Blvd.
CI
CL
GI
Lin.
lb.
MB
Max.
American J►aaociation of l�GD
State Highway Transportation
Officials
Amezican SocieLy of Civil
Engineers
In Accordance With
American Society of
Testing Material�
Aa�ezican Wat�z work�
Asaociation
Amezican Standardi Association
Hydraulic tnstitute
- Asphalt
- Avenue
- Boulevard
- Cast Sron
- Center Line
- Galvanized Zron
- Linear or Lineal
- Pound
- Manhole
- l�laximum
C1-1 (5)
- t+lillion Gallons Pez
Day
CFS - Cubie Foot pez
Second
Irii n. - Mi n imum
Mono.- Monolithic
• - Percentum
R - Radius
I.D. - inside Diameter
O.D. - Outside
Diameter
Elev.- Elevation
F - Fahrenheit
C - Centiqrade
In. - Inch
!'t. - loot
8t. - Stzeet
CY - Cubic Yard
Yd. - Yard
SY - Squaze Yard
L.F. - Linear Foot
D.I. - Ductile Iron
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forms or other parts of the Contract Documents will be
considezed as approximete only and will be used for the
purpose of compazing bids on a uniform basis. Payment will be
made to the Contractor foz only the actual quantities of work
perfozmed oz materials furnished in striet accordance with the
Contract Documents and Plans. The quantities of work to be
performed and materials to be furnished may be inereased or
decreased as hereinafter provided, without in any way
invalidatinq the unit prices bid or any other zequirements of
the Contract Documents.
C2-2.3 EXAMiNAT2�N �F �n�? f:T DpCUMENTS AtaD SSTE oF PROJE�'
Bidders are advised that the ��ontract Documents on file wif'h
the Owner shall constitute all of the information which the
Ownez �ill furnish. All additional information and data which
the owner will supply after promulgation of the formal
contzact documents shall be issued in the f orm of vritten
addenda and shall become part of the Contzact Docun�ents just
as thouqh sueh addenda Were aetually written into the original
Contraet Documents.
Bidders are required, prior to the filing of proposal, to zead
and become familiaz pith the Contract Documents, to visit the
site of the project and examine carefully all local
conditions, to inform themselves by their own independent
researcb and investigations, tests, boring, and by such other
means as may be necessary to qain a complete knowledge of the
conditions which vill be encountered during the construction
of tbe project. They must judge foz tbemselves the
diffieulties of the vork and all attendinq cizcumstance6
affectinq the cost of doing the work or the time requi;ed f or
i tr comple tion, and obtain all information ze�uized to make an
intelligeat proposal. No iaformation giveA by the OWnez or
any representative of the Owner other than that contained in
the Contract Documents and offieially promulqated addeada
thereto, �hall be bindinq upon the Owner. Bidders shall rely
exclurively and solelp npon theiz own estimates,
investiqation, reseazch, tests, ezploTations, and other data
which 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 i� prima-f acie evideace that the
bidder has made the investiqations, exeminations aAd�tests
herein required. Claims for additional compensation due to
vaziations between conditions actually eAoountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borinqs, if a�y, showiag oa the plans are for
general information only and may oot be correct. Neither the
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SECTION C - GENERAL CONDITZONS
C2-2 INTERPRETATION AND
PREPARATION OF PR�POSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will fuznish bidders with
pzoposal iorm, which Will contain an itemized li6t of the
items of wozk to be done or materials to be f uznished and upoa
which bid pziceb aze zequested. The Proposal f orm will ctate
the Biddez'6 general understanding of the ptoject to be
completed, pzovi�e a�pace f oz fuznishing the amcunt of bid
security, and state the ba6is foz entezinq into a formal
contract. Tbe Owner will fuznish fozms for the Bidder's
•Expezience Record,' "Equipment 5chedule," and "Pinancial
Statement,• all of �hich mu�t be propezly executed and filed
with tbe Dizectoz of tbe City Water Depnrtment one week prior
to the hour for openinq of bids.
The financial statement requized 6ha11 have been prepazea by
an independeni certified public accountant or aA independent
public accountant holdiaq a valid pezmit isaued by an
appzopriate state licen6iaq aqency, and shall have been so
pzepared a� to zef�ect the curzea� financial �tatus. Thi�
statement must be cuzzeat and �ot moze than one (1) year old.
In the case that a bidding date falls witbin the time a new
6tatement ia beiaq prepared, the pzevioui atatement ahall be
up�ated by pzoper verificat�on. Liquid aesets fr, tbe amount
of ten (10�) pezcent of the estimated pzoject cost �ill be
required.
Foz an experience record to be considered to be acceptable for
� a qiven prcject, it must zeflect the expezience of the firm
� seeking qualifieation in vork of both the same natuze and
magnitude as that of tbe project foz which bids aze to be
'~� zeceived, an� svch espezience must have been on projects
j�j completed not moze thaa five (5) yeazs prioz to the date on
which are to be zeceived. The Dizectoz of the Watez
� department shall be tolc judge as to the acceptability of
experience for qualification to bid on any Fort iiorth Water
Depaztment project.
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The pzospective bidder shall schedule the equipmeot he has
available for the project and state tbat he Mill zeat such
additional equipment as may be zequired to complete the
project on which he submits a bid.
C2-2.2 INTERPRET�TION OF �IIANTITIE : Tbe quantitiea of vozk
and materials to turnished as may listed it� the proporal
C2-2 (1) "����C��:� �����Q@
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C2-2.7 DELIVERY OF PROPOSAL: No pzoposal will be considezed
unless it is delivered, a�ccompanied by its pzopez Bid
Se cuzity, to the City �anagez or his zepresentative in the
offieial place of business as set forth in the "Notice to
Bidders.• It is the Hidder's sole responsibility to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered.
The Biddzr mu�t have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL," a�8 the name or description of the project as
designated in the •Notice to Bidders.' Tbe envelope 6ha11 be
addzessed to the City Manager, City Sall, Fort worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Pzoposals actually filed with
the City Manager cannot be witt�drawn prior to the time set f or
opening pzoposals. 11 request for non-eoasideration of a
proposal muat be made ia wziting, addressed to the City
Manager, and filed witb him prior to the tiane �et for the
openinq of proposalc. l�ftez all proposals not requested for
non-con�ideration are opened and publicly read aloud, the
proposals foz which nea-consideration requests have been
pzoperly filed �, at the option of tbe Owaer, be returned
unopened.
C2-2.9 TELEGRAPHSC MODI�ICATION OF PROPOSALS: �►ny bidder may
mod�ry h�s proposa'1 by te egzaphic communicayion at any time
prior to the time set fos opeaing pzoposals, provided such
telegraphic communication is zeceived by the City Manager
prior to the said proposal opening time, and pzovided furthez,
tbat the Citp Manaqer is satisfied tbat a vrittea and duly
authenticated coafirmation of such teleqrapbic communication
over the siqnature of the bidder Mas mailed prioz to the
proposal openinq time. Zf aucb confirmatioo is not received
withia forty-eiqht t48) bours after tbe proposal opening time,
no further coasideration �ill be given to tbe proposal.
C2-2.1 0 PIIBLIC OP NG O! P OPOS7�, proporal• vbieh have been
pzoperly filed aA�or Mhic� no �oa-ccniidezatioo Request•
has been zeceived will bc publicly opened and read aloud by
the City Managez oz his authorize3 repzes'entative at the time
and place indicated in the •Notice to Bidders.• �11 proposals
which have been opened and read vill remaia oa fil� Mith the
Owner until the contract has been awarded. Bidders or their
authorized repzesentatives are iavited to be preseat f or the
opening of bids.
C2-2.11 IRRE�tTLAR �R� OSALSs Proposals sball be con6idered aa
being Izregu ar i��ey sbow any omissioos, alterations of
form, additions, or conditions not call�d for, unauthorized
alternate bids, or irregulazfties of aAy kind. flowever, the
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C2-2 ( � ) ''�'���'GU4�_d �<_I��L�.
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repzesentative of conditions which actually exist.
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C2-2.4 SUBMI�TING OF PROPOSAL:
Proposal on t e form fuznisAed b hee0wner ez shall submit his
applicable to the project contained in thelform�6hallcbe
correctly filled in and the Bidder shall ttate the pzices,
wzitten in ink in bcth wozds and numerals, for which he
proposes to do the wozk contemplated or furnishe the mateziale
required. All such pzices chall be written legibly. In case
of discrepancy between the pzice written in Words and the
pzice written in numerals, the price most advantageous to the
City shall govern.
If a pzoposal ia submitted by aa individual, hic or hez name
must be signed by him (ber) or his (hez) duly authozized agent.
If a proposal is submitted by a firm, association, or
partnership, the name and addzesa of eacb membez mu�t be
given, and the proposal must be siqned by a member of the
firm, as6ociatioa, oz paztnership, oz by a person duly
authozized. 2f a pzopo8al is submitted by a company ot
corporation, the company or cozporate name and bu6i�e6s
address must be given, and the proposal signea by an offieial
or duly authozized ageat. The corporate seal must be aff ixed.
Powez of Attorney authozisinq aqents or others to sign
proposal must be properlp certified and muat be ia vritinq aad
submitted with the proposal.
C2-2.5 REJECTIQ OF PROPOSAI,S; propocals may be rejected if
they show aay ai�ezation ot wozds or fiQures, addiLions not
called for, conditional oz oacalled foz alteznate bids,
incomplete bids, erasuzes, or irregularities of any kind, or
contain unbalance value of any item�. Propocal tendered oz
delivered af ter the official time desiqnated for receipt of
proposal shall be retuz�ed to tbe Biddez tu�opened.
C2-2.6 BID S��ITY; pc preposal vill be cos�eidered unle�a it
is accompanie y a�•Pzoposal Security• of tbe cbaractez and
in the amount indicated in the 'Notice to Bidders• aad the
"Proposal." The Bid 6ecuzity is requized by tbe Ownet as
evidence of qood faith on the part of the Bidder, and by way
of a guazanty that if avarded tbe contract, the Biddez vill
within the required tfine execute a formal coatract and furnfab
the required performance aad other bondc. Tbe Did �ecurity of
the tbree lowest biddez� will be retaiaed until the contract
is awarded or other.disposition is made thezeof. Tbe bfd
secuzity of all other bidders may be zetnrned promptly after
the canvass of bids.
C2-2(3) ,:
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�wnez zeserves the zight 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 houz is an
izzegulazity which cannot be waived.
�, C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be
ciisqualified and theiz proposals not considered foz any of,
_ but not limited to, the following reason:
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b.
c.
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f.
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h.
Reasons for be2ieving tbat collusion exists among
biaaerb.
Reasonable grounds foz believing that any biddez is
intezested ia moze than one pzoposal for wozk
contemplated.
The biddez being interested in any litigation
against the Owner oz where the Ownez may have a
claim againsi or be engaged in litigation against
the bidder.
The biddez being in azzeazs on any existing contzact
or having defaulted on a pzevious contract.
The bidder havinq pezfozmed a prior contzact in an
unsatisfactory manner.
Lack of competency as zevealed by the financial
statement, expezience re�ozd, equipment schedule,
and buch inquizies as the Ownez may see fit to make.
Dncompleted wozk which, ia the judgment of the
Owner, will pzevent oz hindez the pzompt completion
of additional work if awnrded.
The biddez not filing with the Owner, one week in
advance of the hour of the opening of pzoposals the
followir,g:
1. Pinancial 6tatement ahowing the finnncial
condition of the biddez as �pecified in Pazt
•A' - Special Instzuctions.
2. A cuzzent experience zecord showinq especially
the pzojects of a natuze similaz to the one
under considezation, Mhich have been
successfully completed by the Bid�er.
3. An equipment schedule showing the equipment
the bidder has available foz use on the
project.
The Bid Pzoposal of a biddez who, in the juaqment of the
Engineez, is disqualified under the zequirements stated
herein, shall be set aside and not opened.
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The Contractoz shall post the required notice to that effect
on the project site, and, at his request, will be pzovided
assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on
f ile in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3.4 W THQRAWAL OF PROPOSALS: Aftez a proposal has been
read by t�e Ownez it cannot be withdzawn by the Biddez within
f orty-five (45) days after the date on which the proposals
were opened.
C3-3.5 AWARD OF CONTRACTs The Owner reserves the riqht to
withholdiina� action on the proposal� for a reasonable time,
not to exceed forty-five (45) days after the date of opening
proposals, and in no eveAt will an aWazd be made until after
investigations have been made a� to the responsibility of the
proposed awardee...
The award af the coatract, if an award is made, will be to the
lowest and bcst responsible bidder.
The award of the coatract shall not become effective until the
Owner has notified the Contractor in �rritinq of auch award.
C3-3.6 RETDRN OF PROP SAL S CIIR TSESs !►s sooa as proposed
price totals have been �eter�ned �or compazison of bids, the
Owner may, at its disczetion, retura tbe proposal security
whieb accompaniea the proposals vhich, in its judgment, would
not be considered for tbe avazd. 1111 othez proporal
securities, usually those of the three loWest bidders, will be
retained by tbe ONner nntil the reqnized contract has been
executed and bond fuznished oz the Owaer has otherwise
disposed of the bids, after vhieh they will be returnad by tbe
City Secretary.
C3-3.7 BONDS: With the e:ecution and delivery of the Contraet
Documents, the Contzactor shall furnish to, and file with the
Owner in the amounts hr*ein zequired, the followiaq bonds:
a, PERFORMANCE BOND: l► qood and suf f icient
perfozma�ce bond ia an amount aot less than 100
percent of the amount ot the contract, as evidenced
by the proposal tabnlatioa or otherWise,
guaranteeing the full and faithful execution of the
Work and performance of the coatract, and for the
protection of the Owner and all othez persons
against damage by reason of neqliqence of the
Contzactor, oz impropez execution of the wozk or
the use of infezior materiali. Thic performance
C3-3 (2I
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PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXErIJTIf�N OF DOCUMENTS,:
C3-3.1 CONSIDER1�TION OF PRaPOSALS: After proposals have been
.� opened and read aloud, the pzoposals will be tabulated on the
� basis of the quoted prices, the uantitie� ahown in the
� proposal, and the application of such fozmulas or other
methods of bringing items to a common basis as may be
e6tablished in the Contract Documents.
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The total obtaiaed by taking the sum of the pzoducts of uait
pzices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may entez into the eost
cf the completed pzoject will be considered as the amount of
the bid.
Dntil the awazd of Lhe contrnct is made by the Ownez, the
zight vill be ze8erved to reject any oz all pzoposals and
weive techaicalities, te rrac9vertiae foz new pzoposals, oz to
proceed wit� tne wozk in any manner as maybe c�nsidere8 ior
the best interest of the Owner.
C3-3. 2 MINORITY��ZN�o t ectorpalre�s Ot EN-OWNED aDS�NESS
ENTERPRISE COMPLI g pzovide �o wner,
upon request, compiete and accuzate information reqardinq
actual Work performed by a Minozity Business Eaterpzise (MBE)
and oz a a Woman-o�v�ed Business Enterprise (i�PBE) on the
contract and the payment therefor. Contractot furthez aqreea,
upoa zequest by Ow�er, to allov anQ andit and/or aa
examination of any book6, recorfls, oz files in the possession
of Cen tzactor that vill snbstantiate the aetual tirork pezformed
by the lSBE oz WBE. Any matezial micrepzeaeAtation of any
aature will be qrounds for terminatioa of the contract and for
initiatinq any action nndez appzopriate f edezal, state or
local laws ani! ordiaances relatinq to false statements;
furthez, any such miszepresentation may be qrounds foz
disqualification of Contzactoz at Ovner't disczetion for
bidding on future Contzacts Mith the Owner ior a period of
time of aot less than siz (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Curzent City Ordinance pzohibiting discrimination
in employment practices.
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n ew surety sa tisfactory to the Own�r� No payment will be made
undez the cootract until the new surety or sureties, as
required, have qualified and .have beea accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3.6 EX CUTION OF CONTRACT; Within ten (10) days after the
Oamer has �y appropriate resol�ution, or otherwise, awazded the
contract, the Contractor shall execute and file with the Owner
the Contract and cuch 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, appreved as to form and
legality by the City Attorney, and zxecuted for the OMmer by
either the Mayor or City Managez.
C3-3 . 9 F T ��tp T� EXECOTE CO TR1�CTs The failuze of the
Awardee to execute the required �ond or bonds or to siqn the
required contract within ten (10) days aftez tbe contzact is
awarded sball be considered by the Ownez as ao abandonmeAt of
his proposal, and the Owner may annul tbe 1►ward. By zea�on of
the uncertainty of the market pzice� of material and laboz,
aad it being impractieable and difficult to accurately
detezmine the amount of damages occutin9 to tbe Ovner by
r eason of said awazdee's failure to ezecute �aid bonds and
coatract vithin ten (10) days, tbe proposal security
accompanyinq the proposal shall be the aqzeed amount of
damages which Owner will suffer by zeason of sucb f ailure on
the part of the Awardee and shall thezeupoa immediately be
forfeited to the Oaner.
The filinq of a proposal will be coasiderad as aa acceptance
of thia proviaion by the Biddez.
C3-3.10 �EGINN NG WORxs Tbe Contractor �ball eot commence
work unt 1 au��ozized�in vziting to do •o by the Owner.
Sbould the Contraetor fail to commence aork at tbe site of the
pzoject withia the time stipnlated in tDe vritten
anthorizatioa usuallp termed the •i4ork Order' or `Preceed
Order•, it ia agreed that tbe 6urety Company vill, vithin tea
t10) days after the commencement date set fortb in such
written authorization, commence tbe pbysical executioo of the
:ontzact.
:3-3.11 INSIIRANCEz Tbe Contzactor •ball aot commence vork
snder this contract until be has obtained all the iasurance
:equired under the Contract Documents, and sucb iasurance has
�een approved by the Ownez. Tbe prime Contractor shall be
-esponsible for deliveriag to the Ovaez the sub-contractor4�
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C3-3 (4)
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bond shall guarantee the payment foz all laboz,
materials, equipment, supplies, an8 services used
in the construction of tne wozk, and shall zetnain
in full force and effect until provisions as above
btipulated aze accomplished and final peyment is
made on the pzoject 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 contsact, as
evidence8 by the proposal tabulation or otherwise,
guaranteeing the prompt, full and faithful
performance of the general guazanty which ia ret
forth in paragraph C8-8.10.
c. PAYMENT BOND: A good and sufficient payment boad,
in an amount not less than 100 pezcent of the
a�ount of the contzact, as evi�eneed by the
proposal tabulation oz otherwi�e, guazanteeing the
pzompt, f ull and faithful payment of all elaimants
as defir,ed in Article 5160, Revised Civil Statutes
of Texas, 1925, a6 amended by Hcuse Sill 344 li►ets
Sbth Legislature, Regulaz Session, 1959, effective
Apzil 27, 1959, and/oz the latest version thezeof,
supplying laboz and matezials in the prose�ution of
the Wozk pzovidcd foz in the contzact being
constzucted undez these specifications. Payment
Bond shall remain in force until all paymenta as
above stipulated are made.
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d. OTHER BONDS: Such other bonds as may be required
by these Contract Document� shall be fuzaished by
the Contractor.
No sureties will be accepted by the Owner whieh are at the
time in default or delinquent on any bond� oz xbicb aze
intezested in any litiqation agaiAst the ov►aez. 1►11 bo�ds
shall be made on the forms furni�hed by the OMmer and shall be
executea by an approved suzety company doinq business in the
City of Port �4orth, Texas, and vhicb is acceptable to tbe
ownez. In ordez to be acceptable, the Aame of tbe suzety
shall be ineluded on the cuzrent 0.5. Treasuzy list of
e cceptable sureties, and the amouat of bood wzitteA by any one
acceptable company shall not exceed the amouat shown on the
Tzeasury list for that company. Eaeh bond shall be propezly
executed by both the Contractor and Snzety Company.
��,� Should any surety on the
at any time by the Otimez,
to that effect and the
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contract be determined uasatisfaetory
notice will be given the Contractor
Contractor ahall immediately pzovide a
C3-3 (3)
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5. Builder'a risk (whese ab{+ve-ai o� �truetuzes
are involved).. '
6• Contractua�l Liability (eoverr all
inde.�nnification requireraents of Contract). .
d. 1�DTOMOBILE INSURANCF - Af1DILY ZNJII�Y AND P�OP��'Y
DAMAGE: The Contractor ahall procure aad main ain,
durinq the life of this Contraet, Comprehensive
�►utomobile Liability insuzance in an amouat not
less than 5250,000 for injuries includinq
accidental death to any one peraon and subject to
the same limit for eacb person an amount aot lers
thaa S500,000 oa account of one accident, and
auto�obile pzoperty damage insurance ia an amount
not leas thaA S100,000.
e• SCOPE OF I�TSDRANCE A�TD SPECIAI� EAZARDs T4! , r
in�urance required under the above paragrapb� ahall
provide adequate proteetioa for the Contractor and -�
tiia �ub-contraetors, zerpectivelp, aqainst damage
elaim� wbich may arise from operatio�s under this ''
contract, whether sucb operations be by the in�uzed
or by aayone directlp or indizectlp employed by ^
him, an3 al�o against any of tbe follorioq apecial �"
hazarde vhich may be eacountezed in tbe performance
of tbe Coatract. -�
f. PROOF OP CARRI�►GE O! I $ FRANCE: Tbe Contractor
shall furni�h the Ownez K�th aati�sfactory proof of
coverage by insuraace reqnired i� these Contzact
Documenta i� amounts aDd by carziera satisfaetory
to the Owner. (Sample attacbed. ) �11,1 insurance
zequirements made upor� the Coatractor shall apply
to the sub-coatzactor, sbould the Pzime
Coatzactor'• in�uracce oot cover the
sub-contractor's vork op�rations.
q. LOCAI, !►GENT FOR INSIIRJ�►NCE AND BOi�IDINGs Th• '
insurance and bondi�g companies Mitb Mhom the
Contzactor's incurance aad pezformance, payment, y
maintenance and all sucb other boads are Mritten ..�
shall be represented by an agent or agen�s havinq �
an office located within the citp limits of tbe �
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C3-3 ( 6 ) ''�' ��e)��,j�,�i
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certificate of insuzance for approval. The prime contzactor
shall indicate on the certificate of insurance included in the
documents for execution whether oz not his insurance covers
sub-contractozs. It is the intention of the Owaer that the
insurance covezage requized herein shall iaclude the coverage
of all sub-contzactors.
a. COMPENSATION INSURANCE: The Contractoz ohall
maintain, duzing the life of this contzact,
Workers' Compensation Insuzance on all of hib
employees to be engaged in wozk on the pzoject
undez this conttact, and foz all sub-contzactors.
In case any class of employees engnged in hazardous
wozk on the project undez this contract i6 not
pzotected under the Wozkers' Compensation Statute,
the Contractor shall provide adequate employez'a
general liability insuzance for the pzotection of
such of bis employees not so protected. . _
b� Contzac�oz shall p ocu e and$6ha11 a►a�ntainEduzing
the life of tbia contsect Contz.actoz'c
Comprehensive Geaeral Liability Insurance (Public
Liability and Ptopezty Damage Znsurance) in an
amount r.ot le6s than 5500,000 covering eaeh
occurzence on account of bodily iajnry,.including
death, and in an amount not less than S500,000
covering each occuzzence on account of pzoperty
damage with 52,000,000 umbrella policy covezage.
c. ADDITIONAL LIABILITYs The Contractor ihall
fuznish ia6uraace as separate policies oz by
additional endotsement to one of the
above-meationed policies, and ia the aeaount ai oet
f orth f or public liability and property damage, tbe
following insurance:
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Coatingent I,iability (covez� �Gene�ral
Coatractor's Liability for aets of
sub-contractors).
Blastiag, pzior.to any blaati�q beiag:done.
Collapse of buildinqs oz stzuctures sdjacent
to excavation (if exeavationa are to be
oerformed adiacent to rame).
Damage to undezground utilities for SSOO,ODO.
C3-3 (5 )
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matte= associated such as maintainin� adequate and appzopriate
ineurance or security eoverage for the pzojeet. Such local
authority for administration of the wozk under the Contzact
shall be m,aintained until all businesc tzansactions executed
as part of the Contract are complete.
Should the Contzactoz's principal basz of operation6 bc othez
than in the Fort worth-Dallas metropolitan area, notification
of the Contractor's assignment of local authority shall be
made in vriting to the Engineer in advance of any wozk on the
pzoject, all appzopziately signed and sealed, as app2icable,
by the Contractor's responsible officers with the
understanding tbat this vzitten assignment of authority to a
local representative shall become part of the project Contract
as thouqb bound dizectly into the project �ocuments. The
intent of these requirements is that all matLers as�oeiated
with the Contractor's admiaistration, whethez ft be oriented
in furthering the wozk, or other, be g overned dizect by local
authority. This same zequirement is impoted on insurance and
surety covezage. Should the Contzactoz's local representative
iail to perf orm to the satisfaction of Enqineer, the Engineez,
at his sole discretion, may demaad that such local
representative be replaced and the Engineer may, at his sole
discretioa, stop all Mozk until a neM local authority
satisfactory to the Eoqineer is assiqned. No credit of
workinq time will be foz periods in which Mork stoppages are
in effect foz this zeason.
C3-3.15 VENDEz Venne of any action hereinunder shall be
exclusively in Tarzant County, Texas.
C3-3 �8)
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City of Fort Worth, Tnrrant County, Texas.� Each
� such agent 6ha11 be a duly qualified, one upon whom
"•� service of process mny be had, and must have
authozity and power to act an behalf of the
� ir,6urance and/or bonding company tc negotiate and
�` settle with Lhe City of Fort worth, or aay other
clainant, �ny claia� that the City of Fort Worth or
_ othez claimant oz any property oWnez Who has been
damaged, may have against the Contzactor,
'r insurance, and/or bonding company. If the local
� insurance representative is not co empowered by the
� insurance oz bonding companies, then 6tiCh authozity
�,� mu6t be vested in a local agent or claims officer
zesiding in the Metroplex, the Fort worth-Dallas
-. area. The name of the agent or agents shall be set
� forth cn all of ruch bondr and certificates of
insurance.
� C3-3.12 CONTRACTOR`S OBLIGATIONS: Undez the Contract, the
Cantzactor shall pay for all materials, lsboz and services
when due.
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C3-3 . 13 WEElCLY PAYROLL: A certif ied copy of each payzoll
covering payment of wages to all person engaged in Work on the
project at the site of the pzoject sball bc furnished to tbe
Ownez's zepzesentetive within seven (7) days aftez the close
of each payzoll period. A copy or copies of the�applicable
minimum wage rates as set forth in the Contract Document�
s hall be kept pasted ia a conspicuous place at the site of the
project at all tia�es duzing the cour�e of the Coatraet.
Copies of the wage zates will be futnished the Contractor, by
the Owner; however, posting and pzotection of the wage rate�
shall be the responsibility of the Contzactor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINIS� TION: Any Contzactoz,
wAethet a person, persons, partnershio, company. firm,
association, cozporation oz other who is appzoved to do
business with and enters intc a contract With the City for
construction of water and/or 6aaitary sewer facilities, will
have or shall establish a fully opezational busines6 office
within the Fort ivorth-Dallas metzopolitsn azea. Tbe
Contzactor shall chazge, delegnte, or assiqn thi� office (oz
he mny delegate hia Project Superintendent) �itD full
authority to tzansact all business actioas zequired in the
perfozmance of the Contract. This local author.ity shall be
made zesponsible tc act for the Contzactor in all matters
pertaining to the work governed by tbe Contract Nhethez it be
administrative or othezwise and as such sball be empowered,
thus delegated anc dizected, to settle all material, labor oz
other expendituzes, all claims againat the Nozk or any othez
���;�C��GOI�� ����G��
C3-3 (7 ) ':;��tif ���'������
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waiving or invalidating any conditions or provisions of the
Contract Documents.
Variations in quantities of sanitary sewer pipes in depth
cateqozies, shall be interpreted hereia as applying to the
ovezall quantities oz sanitary sewer pipe in each pipe size,
but not to the various depth categozies.
C4-4.4 ALTERATION OF ��N�RACT DOCiJM�NT�s By Chanqe Order, the
Owner re6erves the rig to make such c anges in the Contract
Doeuments and in the character ot quantities of the work as
may be necesrary or desirable to ineuze completion in the most
sati6factory mannez, provided ruch changes do not materially
altez the oriqinal Contract Documents ot change the gen�ral
nature of the project as a whcle. Such chanqes �hall not be
consideze� as waiving or invalidating aAy condition or
provision of the Coatract Documents.
C4-4.5 EXTR� WOR�: �dditional work made necesaary by ehangea
and alterations ot the Cont:act Documents or of quantitiec or
for other reasonz foz vhich no prieec are provided ia the
Contract Documents, ahall be defined as •Extza work• and shall
be pezformed by the Contractoz io accordance with the�e
Coatract Document� or approved additions theretoj provided,
however, that befoze any extra vork is begun a•Chanqe Order"
shall be executed or �vritten order issued by the Owner to do
t he work f or payment• or credits as ahall be detezmined by one
or more combination of the following methodo:
a.
b.
Dnit bid price previoutly appzoved.
Ar� agzeed lump sum.
c. The actual reasonable cost of �l) labor, (2) rental
of equipment used on the extra work for the time �o
used at �ssociated Genezal Contr�ctors of Amezica
current equipmeot rental ratess (3) materials
entering permanently into the projeet, and t�)
actual cost of insurance, bonds, and �ocial
security as determiaed by tbe Ovicer, plus a fixed
fee to be a7reed upon but aot to exceed 101 of the
actual co�t of such extra votk. The fized fee is
not to include aay additional profit to the
Contractor for rental of equipment ownea by him and
used for the extra work. Tbe fee •hall be f ull and
complete compensation to cover the cosC of
superiateodence, overhead, otber profit, ge�eral
a�d all other expense not included in tl), (2),
(3), and (4) above. The Coetractor shall keep
accura te cost records oa the form and in the aethod
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PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORR
SECTION C4-4 SCOPE OF W�RR
C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite
intention oi' these Contzact Documerits to pzovide for a
complete, useful project which the Contrnctoz undertakes to
construct or furnish, all in full compliance With Lhe
zequizements ana 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
special work as may be con6i8ered by the Ownez a6 necessary to
complete the project in a satisfactory and acceptable mannez.
The Contractoz shall, unless othezwi�e speeifically stated in
these Contract Documentb, furnish all labor, tools, matezials,
machinery, equipment, �pecial services, and incidentals
necessary to the pro6ecution and completion of the project.
'" C4-4.2 SPECIAL PROVISIOPS: 6hould any vork or conditions
i Which are not thoroughly and catisfactozily stipulated oz
�' covezed by General or Special Ccnditions of these Contract
� Doeuments be anticipated, or should there be any additional
propose8 work which is not covered by thece Contract
"� Documents, then '6peeial Pzovisions' covering all 6uch work
� will be pzepared by the Oaner pzevious to the time of
receiving bids oz pzoposal6 for auch work and furnished to the
Biddez in the fozm of �ddenda. All such 'Special Provisions"
� shall be considered to be a part of tbe Contract Documents
just as though they were oriqinally �rritten thereia.
1■� C4-4.3 SN REASED OR DECR� ED �OANT IES: Tbe Owner zesezves
.,. the zight �o altez the quantities ot ��e work to be performed
or to extend or shorten the impzovements at any time When and
� as found te be necessarp, aad the Contractoz shall perf orm the
�� work ab altered, increased ot decreased at the unit prices.
Such increased or decren6ed quantity shall oot be mote than 25
� pezcent of the contemplated quantity of such item or items.
i�hen such changes inczease oz deczease t6e original quantity
of any item or items of work to be done or materials to be
- furnished by the 25 percent oz more, then eitber party to the
� � ontzact shall npon vritten zequest to the other party be
entitled to a revised consideration upon that portion of the
wozk above oz belo�v tbe 25 percent of the oriqinal quantity
� stated in the proposal= such revised considezation to be
determined by special agreement or as hereinaftez prov�ded for
"Extra work." t�o a1loMaace will be made f or aay changes in
� anticipated profitB nor shall such changes be considered as
�
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C4-4 (1)
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shall be presented al
nnticipnted proqzess of
,:lotted horizontally and
�ertically. The pro�ress
11" sheets and at least
be furnishea to the Owner.
so a composite gzaph showing the
construction with the time beinq
the pezcentag� of com�letion plotted
charts shnll be prepared on 8-1/2" x
five black or blue liae prints shall
FACIL T ES�G W�t�in �t nD�( l Os days pz or �oDsu�m�ss pon Noi
iirst monthly proqresa payment, the Contractoz shall
pzepare and submit to the Owner for approval six copies of
the schedule in whieh the Contractoz proposes to cazry on
the work, the date of which he will start the several majoz
activities (includinq pzocurement of materials, plana, and
equipmentl and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule
Critical Path Method tCPM) network diagram. As the vork
progresses, the Contractor shall enter on the dia3ram the
actual progress at the end of each paztial paymeat period
oz at such intervals as directed by the Enqiaeez. The
Contractor shall alco revise the schedule to reflect any
adjustment� in contract time approved by the Eagineez.
Three copies of the updated schedule ahall be delivezed at
such iatervals as directed by tbe Owner.
�,s a minimum, the constzuction schedule chall incorporate
all work elements and activitie6 indicated in the pzoposal
and in the technical specifications.
Prior to the fiaal draftiaq of the detailed constzuction
sehedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contzaetor's understandinq
of the contract requirements.
The following guidelines sball be adhezed to i� preparfog
the construction schedule:
a. Milestone dates and final project completion
dates shall be developed to conform ta time
constzaiat�, sequeneing requirements and
completion tfine.
b. The construction pzocess shall be divided into
activities with time durations of approaimately
f ourteen (14� day� and constzuctio� values not to
exceed 550,000. Fabrication, delivery and
submittal aetivities a=e exceptiop� to this
quideline.
C4-4 (�)
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suggested by the Owner and shall give the Ownez
access to all accounts, bills, vouchers, and
records zelating to the Extra i�ozk.
No "Change Order" shall become effective until it has been
approved and signea by each of the Contracting parties.
� No claim for Extza Wozk of any kind
ordezed in writing by the OwneT.
� instzuctions, eithez oral oz Wzitten,
to invelve Extza Wozk foz whic
compensation, he shall make written
� for wzitten orders authozizing such
beqinning such vork.
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will be 811owed unless
In case any orders or
r�ppear to the Contractor
h he sheuld receive
zequest to the Engineer
Extra Wozk, pzioz to
Should a difference atise as to what does or does not
constitute Extre work, or a6 to the payment thezeef, and the
Engineer inaists upon its performance, the Contzactor shall
proceed with the wozk after making wzitien zequest foz written
ozders and shall keep an accurate account of the actual
reasonable co6t thereof as provided under method (Item C).
�laims f or cxtza work will not be�paid unless the Contractor
shall file his claim with the Ownez within five IS) days
before the time f ez maki�g the fizst estimate after such work
is do��e ar,d unless tri� ��laim is supperted by sntisfactory
vouchers and certified payrolls covezing all laboz and
materials expended upon the said Extza Wozk.
The Contractoz shall fuznish the Ownet eueh installation
zecords of all deviations from the oziginal Contract Documents
as may be necessary to enable the Owr,er to prepar= for
permanent zecozd a corrected set of plans showing the actual
installation.
The compensation agzeed upon foz 'extra work' whether or not
iniitiated by a'change order' shall be a full, complete and
final payment for all costs Contzactor ineuts as a r�sult or
rPlating to the change or extza vork, whether eai� costs are
known, unknown, foreseen or unforeseen at that time, including
without limitatioc, any costs for delay, extended overhead,
zipple or impact cost, or any other effect on changed or
unchanged wozk as a result or the change or extra pork.
C4-4.6 SCHEDDLE �F OPERATIONS: Befoze commencing any work
under this contzact, the Contracter shall submit to Lhe Ownzr
and receive the Ownez's appToval thezeof, a•Sehe�ule of
Operations,' 6howinq by a 6tzaight line method the date af
c ommencing and finishing each of the majoz element� of the
contract. Theze shall be also shown the estimated �onthly
cost of work fot which estimatPs are to be expected. Ther=
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9. Operational testing.
10. Final inspection.
If, ia the opinion of the Owner, work accomplished falls
behind that scheduled, the Contractor shall take such
action as necessary to impzove his progr�ss. In addition,
the Ownet may require the Contractor to submit a revised
schedule demonstratiag his proqram and proposed plan to
make up lag in scheduled progress snd to insure completion
of the work within the ccntract ti�e. If the Owner finds
the proposed plan not acceptable, he may requize the
Contzactor to inctease the work force, the construction
plant and e�uipment, the namber of work shifts oz the
oveztime operations without additional cost to the Owner.
Failure of the Contzactor to comply with these reqnirements
shall be considcred grounds for determination by the Ownez
that the Contraetoz is failinq to prosecute the vork with
such diligence as will in�uze its completion within the
ti�e specified. .
C4-4 (6)
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c. Duzations shall be in calendar days and normal
holidays an� weather conditions ovez the duration
of the contract shall be accounted for within the
duration of each activity.
d. One critical path shall be thown on the
constzuction schedule.
e. Float time is defined as the amount of time
�; . between the eazliest stazt date and the latest
start date of a chain of activities of the CPM
ccnstruction achedule. Float time is not foz the
P�! exclusive u6e or benefit of eithez the Contractor
�_a. or the OMmer.
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f. Thirty days shall be used for submittal review
unless otherwise specified.
T he eonstruction 6chedule 6ha11 as a minimum be divicled
into general cateqozies as in8icated in the Pzcposal and
Technical Specifications and each general cateqory shall be
broken down into activities in enough detail to achieve
activities of approximately fcurteen'(14) dnys duration.
Foz ench genezal category, the constzuction schedule shall
identify all trades oz subcontracts whose wozk is
zepresented by activities that fo11oW the guidelines of
this Section.
For each of the tzades oz subcontracts, the constzuction
schednle shall indicate the following procuzements,
construction and preacceptance activities and events in
their logical aequence for equipment and materials.
1.
2.
3.
4.
5.
6.
7.
8.
Preparation and transmittal of �ubmittals.
Submittal review period6.
Shop fabrication and delivery.
Ezection oz installation.
Transmittal of manufacturer's opezation and
maintenance instructions.
Znstalled equiptnent and mat�zials testinq.
Owner's operator instruction (if applieable).
Final inspection.
c4—a cs�
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CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents aze made up of sevezal sections�, which, takea
together, aze intended to describe and provide for a complete
and useful pzoject, and any requizements appeazing in one of
the sections is as binding as though it occurzed in all
�ections. In case of discrepaneie�, figured dimension shall
g ovezn ovez rcaled dimensions, plans shall goveza over
specifications, special conditions chall govern over genezal
•�onditions and standazd specifications, and qua�tities shown
oa the plans shall govern over those 6hOWD in the pzoposal.
The Contractor thall not take advantage of any appazent erzor
oz omissioa in the Coatzact Documents, aad tbe Owner shall be
permitted to make sucb corrections oz interpretations as may
be deemed necessary foz the fulfillmeat of the intent of the
Contract Document�. Ia the eveat the Contractoz di6covers an
appare�t error or diacrepancy, he shall immediately eall this
condition to the attention of the Enqineer. in the event of a
conflict ia the drawinqs, specificatioas, or other portions of
the Contract Documents vhich were aot reported prior to the
award of Contzset, tbe Contractot shall be deemed to bave
quoted the most expensive resolution of tbe confliet.
CS-5.� OOP RATION OF CONTRACTOR: The Contzactor will be
turnishe� wit� three setc of the Contzact Documents and shall
have available on the site of the project at all times oae aet
of auch Contract Doeumenta.
The Contract �hall give to the Mozk the coastaat atteation
�ecessary to facilitate tbe proqzess thereof and �hall
co operate witb the Eagineer, his inspector, a�d other
Contractora in everp possible vay.
The Contractor �hall at all times have competeat pez�onnel
av�ilable to tbe project site f oz proper perf ormance of the
work. The Contractor sball provide and maintain at all timeB
at the site of the pzoject a competeat, Eaglisb-speakinq
supezinten8ent and an assistant vho are fully authorizea to
act aa the Contractor'a aqeot on tbe Mork. Such
supezintead�nt and his assistant shall be capable of zeadinq
and understandinq the Contract Document� and shall receive and
f ulfill instructions fzom the OMner, the Enqineer, or his
authorized zepresentatives. Pursuant to this responsibility
of the Contzactor, the Contractor shall deQiqnate io vritinq
to tbe project supezintendent, to act as tbe Contractor'a
agent on the Work. 8uch as�istant pzoject superinteadent
shall be a resident of Tarrant Couaty, Texaa and �hall be
subject to call, as is the project Superiatendent, at any time
of the day or niqht on any day of�the week oa which the
Engineer determines tbat cizcumstance� reqnire the presence oa
the project site of a representative of the Contractor to
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FART C - GENERAL CONDITIONS
CS-5 CONTROL OF WORR AND
MATERZALS
SECTION CS-5 CONTROL OF WORR AND MATERIALS
. CS-5.1 AIITHORITY OF EN INgER: The work shnll be pezformed to
the satisfaction of the �ngineez and in stzict compliance with
the Contzact Document6. Ae shall decide all questions which
arise as to Lhe quality and acceptability of matezials
furnished, vork perfozmed, zate of progress of the work,
ovezall sequence of the construction, intezpretation of the
Contract Docua,ents, acceptable fulfillment of the contract,
compensation, mutual zights between Contzactor and Owner under
these Contract Documents, supervi6ion of the work, tesumption
of operations, and all othez questioas or dicputes Mhich may
arise. Engineez vill not be responsible for Contractor's
meanb, method6, techniques, aequences oz pzoceduzes of
construction, or the safety precaution and progza.ms incident
thereto, and he Mill not be zesponoible for Coatzactor's
failuze to pezform tbe Mozk in accozdance rith the contract
documents.
�-� He 6ha11 detezmine the amount and qnality of the Mozk
� ccmpleted and materials fuznished, and his decision6 and
estimates shall be final. His estimates in such eveat shall
■� be a conditioa to the ziqht of the Contractor to zeceive money
', due him un�ez the Contzact. Tbe Owner ahall have executive
�" authozity to enforce and make effeetive �ucb neces6ary
� decisionb and orders aa tbe Contractoz fails to carry out
R� pzomptly.
In the event of any diapnte betMeeA tbe Enqiaeez and
'•, Contraetor over the decisior, of tbe Engineer on aay zuch
� matters, the Engineer muet, vithin a z�easonable time, upon
written request of the Contzactor, zendez aad delivez to both
� the Ownez and Contractor, a rritten deci�ion on the matter in
� controversy.
� CS-5.2 CONFORMITY wITH PLANS: Tbe finfshad project in all
� cases sball contorm With lrne�, qzadea, crosa-sectiono,
finish, and dimensions shown on tbe plans oz aAy othez
requizements otherwise deacribed in the Coatract Documente.
'�, Any deviation fzom the approved Contract Documents zequized by
� the Engineer duriag construction Mill iA all cases be
determined by tbe Engineez and authorised by tbe OMner by
�� Change Ordez.
�
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CS-5 (1) ����'I����GDI�� G�'L�C�J��
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These stakes or markings shall be set sufficiently in advaace
of construction opezations to avoid delay. Such stakes or
markings as may be established for the Contractor's use oz '�
quidance shall be preserved by the Contzactoz until he is
authorized by the Enqineer to remove them. Whenever, in the
opinion of the Engineer, any stakes or markings have been �'
cazeles�ly or willfully destroyed, disturbed, or removed by
the Contractor oz any of his employees, the full cost of
replacing such stakes or mark� plus 25i will be chazged �
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
CS-5. AOTiiORITY AND DD�IES OF CSTY �NSPECTORSs City "R
Inspec�or6 will authorize to�inspect al work done and to
be done and all materials fuznished. Such incpection may
extend to all or aay part of tbe work, and the preparation or '
manufacturing of the materials to be u�ed oz equipment to be
installed. �► City Znspectoz may be ctationed on tbe vork to
report to the Engineer as to the progreas of the vrork and the ,
manner iA which it is beiag pezformed, to report aay evideace �
that tbe materials beinq furai�bed oZ the Mork beiaq pezformed
by the Contractor fails to fulfill the zequiremeAts of the
Contzact Docu�nents, and to call the attention of the °'�
Contzactor to a�y �ueh failure or other iafringements. Such
in6pection or lack of inspection will not relieve the -
Contractor from any obliqation to pezform tbe wozk in -�
accordance with the requizementa of the Contract Documents.
In case of any dispute arisinq betveea tbe Contractoz and tbe
City Inspector as to the materials or equipment furniched oz .,
the manner of performiag th� Mozk, tbe City Znspeetoz vill
have authority to reject materials or equipment to suspcad
wozk until the questioa at isaue can be referred to and be
decided by the EngiAeer. Thc City Inspector vill not, �'
however, be authorized to revoke, alter, enlar9e, or release
any requizement of tbe�e Contract Documents, cor to approve or
accept acy portioa or sectioa of tbe vork, oor to issue any ��
instruction� contrary to the requirements of�the Coctzact
Documenti. He will in no case act as superiatendeat or -
f oreman or,perform any othes duties for tb� Cootractor, or ,.
interfere with the management or operatioa of the work. 8•
Mill not accept from the Contractor any compensation in any �
form for pezforming any duties. The Cootractoz shall reqard ,
and obey the directions and instructfons of the Citp Znspector
oz Engfneez when tbe same are coasisteat Nitb the obliqationc
of the Contract Documents, pzovided, however, should the
Contractor object to aay orderc or inatructioo� of the City �'
Inspector, the Contractor may vithin sis day� make xritten
appeal to the Engineer foz his decision oa the matter in
controversy. ,,,
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adequately provid
�' traveling public or
� prcject extends or
pzcject routing.
�
e foz the safety oz convenienee of the
the owners of pzoperty across which the
the safety of property contiguous to the
The Ccntrnctor shall provide all facilities to enable the
Engineez and his inspectoz to examine and inspect the
workmanship and materials entering into the wozk.
CS-5.5 EMER�ENCY AND/OR RE�TIFICATION 'WORlC: �Ahen, in the
opinion of uthe Owner ci Engineez, a conditicn of emezgency
exists zelated to any part cf the work, the Contzactor, or the
Contzactoz through his designated zepzesentative, �hall
respond with dispatch to a verbal request made by tae Ownez oz
Engineer to alleviate the emergency eondition. Such a
response shall occur day oz night, whethez the pzoject is
scheduled on a calen8az-day or on a Mozking-aay basis.
� Should the Contzactor fnil to respond to a zequest from the
Engineez to rectify any disczepancies, omissions, or
corrections necessary to conform with the requirements of the
� project specifications or plans, the Engineer ahall qive the
,� Contzactor wzitten notice that such vozk oz changes aze to be
performed. The M*ritten notice 6ha11 dizect attention to the
„� disczepant condition and zequest the Coatractor to take
� zemedial action to correet the ccndition. In the event the
Contzactor does not take positive �teps to iulfill this
written request, oz does aot show just eause foz not taking
� the pzopez action, �vithin 24 houra, the City may take such
remedial acticn with City f orccs oz by coatract. The City
s hall then deduct an amount equal to the entire costs for such
� remedial action, plus 25�, from any funds due the Contraetoz
on the project.
C5-5.6 FIELD OFFICE: The Contzaetor shall provide, at no
� extra compensation, an adequate field office f oz use of the
Engineez, if specificnlly called for. The field office shall
be not less than 10 by 14 feet in floor area, substantially
� constzucted,, well heated, air conditioned, liqhted, and
weather-proof, so that documents Will not be damaged by the
_ elements.
�
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CS-5.7 CONSTR TI�N STAlCES,: The City, thzough its Engineer,
will furnis� ��e ontractoz With all lines, qrades, and
mensurements necessazy to the pzopez prosecution and control
of the work contracte8 for under these Coatract Documents, and
lines, gzades and mensuzements will be established by means of
stakes or other customary methoa of marking a6 may be f ound
consistent with good practice.
I �,�:��;:�i;�!��v0�;,� �������D
CS-5 t 3 ) y��. ,';�tir ���':;�����
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:�ubstitute from that specified aad indicating available
maintenance service. No substitute shall be ordered or
installed without the wzitten.approval of Engineer who will be
the judge of the equalfty and may zequire Contractor to
f urnish such other data about the proposed substitute as he
considers peztinent. No substitute shall be ordezed or
installed without such performance quarantee and bonds as
Owner may require Which shall be furnished at Contractor's
expense. Contractor shall indemnify and hold harmless Owner
and Enqineer and anyone directly or indirectly employed by
either of them from and aqainst the elaims, damages, losses
and expenses (includinq attorneys fees) aziai�g out of the use
of substituted materials or equipment.
CS-S.1, S MPT�ES AND TESTS OR TER ALS: iPhere, in the opiaion
ot the �nqineer, or as called �or �n the Contract Documents,
tests of materials oz equipment are necessary, snch tects Mill
be made at the expense of and paid f or direet to the testing
ageney by the Owner unless otberMise specifically provided.
:he failure of tbe Or+ner to make any tesLs of materials shall
�e in no way relieve the Contractoz of bis responsibility of
:urnishing materials aad eqaipment fully conformiAq to the
zequirements of the Contract Docu.menta. Tests and sampling of
matezials, uale�s otherMise speciiied, vill be made in
accordance with the latest methods preacribed bp the American
Society foz Testing Matezials or �pecif ic requizements of thc
Owner. The Contractor sball proviae such faeilitiea as the
Engineez may require for collecting aad forvardiag samples and
bhall not, Mitbout specific Mzittec permission of the
Enqineer, use the materials zepzeseated by the samples until
tests have been made and the matezials approved for use. The
Contractoz will furaiah adequate samples vithout chazge to the
�wner.
In ease of eoncrete, the aqgreqates, desiga minimua►, and the
mixinq and tzansportinq equipment shall be approved by the
Engineer before any concrete is placed, and the Contactor
shall be responsible for replacinq any concrete vhich doe� not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prioz to tbe placiAq of concrete,
usinq sampler f rom the same aqqreqate, cement, and mortaz
vhich are to be used later in the conczete. Shonld the source
of supply ehange, new tests shall be made pzior to tbe use oi
the new materials.
CS-5.13 STORAGE OF MATERIALS: 1111 materials Mhich are to be
used in the construction operation shall be stored so a• to
insure the pzeservation of the quality and fitness of the v►ozk.
�hen directea by the Engineer, they shall be placed on vooden
platf orms or other hard, clean duzable surfaces a�d not on the
� � �,,
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CS-5.9 INSPECTION: The Contractor shall furnish the Engineer
with every reasonnble facility for ascertaining whether oz not
the work as performed is in accordance with the zequirements
of the Contract Document6. If�the Enqineer 6o zequests, the
Contzactoz shall, at any time before acceptance of tbe work,
rem�ve or uncovez such portion of the finished work as may be
directed. After examination, the Contractor shall restore
said portions of the wcrk to the etandard requized by the
Contract Docucoents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and seplaciag of the covering oz making
g ood of the parts removed shall be paid foz as extra wozk, but
should be work so exposed or examined prove to be
unacceptable, the uncovering or removinq and the zeplacing of
all adjacent defective or damaged parts shall be at the
Contractor's expense. No wozk �hall be done or matezials usea
without suiteble supervirion or iaspectioA.
CS-5.10 REMOVAL OF DEFE�"�' � AND DNApT HORIZED ivORlC: All vork,
materials, or equipmen£ vhich has been rejected shall be
remedied or removed and zeplaced in an acceptable manner by
the Contractor at his own e�cpease. i9ork done beyond the lines
and gzades givea oz a6 shown cn the plans, except as herein
6pecifically proviaed, oz�any Extra Wozk done Mithout wzitten
authority, will be considered as unautborised ana aon� at the
expense of the Contzactoz and Mill not be paid f or by the
Owner. work so done may be ordered removed at the
Contractoz's expense. Dpon the failure on the pazt of the
Contractor to comply vith any ordez of the Eagineer made under
the pzovisions of thi� pazaqraph, the Engineez will have the
authority to cause defective vozk to be zemedied oz removed
and replaced an8 unautharized work to be removed, and the cost
thereof may be �educted fzom any money due or to become due to
the Contzactoz. Failure to zequize the zemoval of any
def ective oz unauthorized vork shall not constitute acceptance
of such works.
CS-5.11 SDBSTITUTE MATERIAI.S OR E�DIPI�ENTs If the
Specitications, law, ordinance, codec oz tequlations permit
Contractoz to furnish or use a substitute that fs equal to any
material oz equipment specified, aad if Contractor vishes to
f urnisb oz use a pzoposed substitute, De shall, prior to the
preconstruction conference, make vritten applfcation to
ENGINEER f or approval of such �ubstitute certiiying ia writing
that the proposed substitute will perform adequately the
function� called for by the genezal desiqn, be aimilaz ana of
equal substance to that 6pecified aad be auited to the aame
use aad capable of perfozming tbe same function as thnt
specified; and identifyir�q all variation� of the propoced
CS-5 (5)
.� G=��'L �G�,'� G:'�GU�D
��y��''�i r"�!�G1�1lIr,1US�
�uo ���;�C'��14 �i��.
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Notify each customez personally through
responsible personnel as to time and schedule
of the intezruption of their service, or
3• In the event that personal notification of a
customer cannot be made, a prepazed tag form
shall be attached to the customer's e�trance
door knob. The taq shall be duzable in
comporition, and in large bold type cball �ay:
"NOTICE"
Due to Utility Impzovement in
your neighborbood, your (water)
(seWez) service will be inter-
rupted on between
the hours of and
This inconvenience Mfll be aa
short as possible.
Thank ycn,
Contractor
Addreas
Phone
b• �n zaencXs Ia the event that ao uaforeseen servica
Yn�ezruption occuza, aotice ahall be as above,but
immediats.
acti �or ae TleCt Rop p�NSZBILITY Ol� CONTRaCTOR$ : If , throuqh
9 be part ot tbe Coatractor, aap other
Contractoz or any snb-eontractor shall suffer los� oz damage
on the work, tbe Contractor aqrees to settle Mith such other
Contractor or sub-eontractoz by agreement or azbitration. Ii
such other Contractor or sub-contraetor shall assert any claim
aqainst the Owner oa account of any daIDage alleqad to have
been sustained, the Owaer will notify the Contractor, wbo
shall indemaify aad �ave harmless the Owoer agaiast aay such
elafm.
CS-5.17 CLEAN-IIPs Clean-up of •urplus and/or vaste materials
accumulated on the job site during the prosecution of the work
under tbese Contzact Documents ehall be accomplished i�
keepinq Nitb a daily zontine established to tbe the
satisfactioA of the Enqine�r. Twenty-fonrs fours after
vritten notice is given to the Contractor that the clean-up on
the job site is proceedinq in a manner unsatisfactory to the
E�qineer, if the Contractoz fails to c�r..u�� the
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qrcund, and shall be placed under cover when directed. Stored
materials shall be placed and located so as to facilitate
', prompt inspection.
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dimen io sXshown on the �lans relative LIES: The location and
aze bnsed on the best information available.XOmissgon f om,loz
the inclusion of utility locations on the P lans is not to be
considered as the nonexistence of, oz a definite location of,
existing underqround utilities. The location of many gas
mains, water mains, conduits, sewer lines and service lines
for all utilities, etc., i6 unknown to the Owner, and the
Owner assumes no responsibility foz failure to shoW any oz all
such stzuctures and utilities on the plans oz to show them in
theiz exact location. It is mutually agzeed that such failure
will not be considezed �ufficient basis for claims for
additional compensation for Extra Wozk or for increasing the
PaY qunntities in any manaer whatsoevez, unless an obstruction
encountered ia auch as to necessitate changes ir, the lines and
gzades of considerable magnitude or requizes the building of
special works, provision foz wt�ich i� not made in the Contract
Documents, in vhich ease the pzovicion in these Coatract
Documents foz Extra Work shall apply.
It shall be the Contractors reaponsibility to verify locations
of adjacent aad/or conflietiag utilitiea 6ufficiently in
advance of construction in order t6at he may neqotiate such
local adjustments a6 necessary fn the construetion process to
provide adequate cleazances. The Contzactoz shall take all
necessazy precautions in orCez to protect all exi�ting
utilities, structures and aervice lines. Verificatfon of
existing utilities, atznctures and service lines sball include
notification of all ntility companies at least forty efght
(48) hours in advance of constructioc includinq exploratory
exe�vation if necessary. 1�11 verification of existing
utilities and their adjuetment shall be considezed as
subsidiary work. .
CS-5.15 INTERRUpTION OF SERVICE;
a. Normal Prosecutions In tbe aormal prosectuioa of
wozk where t�,e �nterruption of service is necessary,
the Contractor, at least 2� hours in advance, shall
be required to:
1. Notify the i�ater Department'� Distribntion
Division as to locatioa, time, and schedule of
service iaterruption. .
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� unsatisfactory procedure, the City may take such direct action
as the Engineer deems appzopriate to corzect the clean-up
�..i deficiencies cited to the Contractor in the wzitten notice,
anc7 the costs of such direct a�cLion, plus 25� of such costs,
shall be deducted frcm monies due oz to become due to the
I Contractor.
Dpon the completion of the project as a whole as covezed by
� these Contract Document�, and before final acceptance and
`� final payment will be made, the Contractor 6ha11 clean and
zemcve from the aite of the project all surplus and discarded
� materials, temporary stzuctures, and debris of every kind. Be
,� shall leave the site of all Work in a neat and ozcierly
condition equal to that which originally existed. Surplus and
I••� Waste matezinls removed fzom the site of the wozk shall be
disposed of at locations satisfactozy to the Engineer. The
"" Contractor shall thozoughly clean all equipment and materials
installed by him and shall deliver ovez such materials and
� equipment in a bright, clean, polished and neW appeazing
cor,dition. No extra compensation will be made to the
� Contractoz for any clean-up required on the project.
�
CS-5.18 FINAL INSPECTION: Whenever the work pzovided foz in
and contemplated undez�the Contzact Documeats has been
satisfactorily completed and final cleanup performed, the
Engineez Will notify the pzoper officials of the Owner and
zequest that the Final faspection be ma3e. 6uch inspection
will be made �ithin 10 days aftez such notification. After
su ch final inspection, if the Work and materials and equipment
are found satisfactory, the Contractoz will be notified in
writing of the acceptance of the rame after the pzopez
zesolution has been passed by the City Council. No time
charge Will be made again8t the Contzactor between aai� date
of notification of the Enqineer and the date of final
inspection of the wozk.
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C6-6.4 SANITARY P OVISI QNS: The Contractor shall establish
and eniorce among h�s employ�es such requlations in regard to
cleanliness and disposal of qarbage and waste as will tend to
prevent the inception and spread of infectious or contaqious
diseaseo and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and
such requlations a� aze requizea by Law sball be put into
immediat� force and effect by tbe Contraetor. The necessary
sanitary conveniences for use of laborers on the work,
pzoperly secluded fzom publie obtervation, shall be
co�structe8 and maintained by the Contraetor aAd their use
shall be stzictly eaforced by t6e Coatractor. �11 4ucb
f acilities shall be kept in a cleae aad sanitary conditioa,
fzee from objectionable odors so as aot to cau�e a nnisance.
Al1 sanitary laws and requlations of the Stat• of Texas aad
the City •hall be strictly compli�d with.
C6-6.5 PIIBLIC SAFETY AND Q�N ZENCEs [rlaterials or aquipmeot
stored about tbe work sba�l be so p�laced and u6ed, and tbe
vork sball at all times be so coadncted, as to canse no
greater obstructio� or inconveaience to the public than ii
considered to be absolutely necetsary by th� Enqiaeer. The
Contractor is zequired to maiatain at all times all phases of
hia work in such a maonez as aot to impair tbe safety or
convenience of tbe public, includinq, but �ot limited to, saf �
and convenie�t iaqresa and egre�s to property contiguous to
the work area. The Contractor shall make adequate pzovi�ioas
to render reasonable inqress and eqress for normal vehieular
traffic, axcept durinq actoal trancbiag oz pipe iastallatioo
operations, at all dziveway cro�sinqa. Sucb psovisions may
include bridqing, placemeat of crusbed stoae or qravel or sucb
other means of pzoviding proper inqre�s aod �greaa foz tbe
property oerved by tbe drivevap as tbe Eagineer map approva as
appzopriate. Sncb otber means may iaelnde tbe diversioa of
driveway traffic, Mitb specific approval by tba Enqineer. Zt
diversion of traffic is approved bp tbe Enqineer at anp
location, the Contractor shall make arraagemeata satisf actory
t o the Engineez at anp loeation, tbe Contractor shall maka
arrange�eats sati�faetory to tbe 8ngineer for tb� diversioo of
traffic, aad Bhall, at bis ova ezpensa, pzovide all matezials
and perform all Mork necessary f or tbe construetioa a�d
maintenance of zoadways aad bridqe� for sacb diversion of
traffic. Sidewalks must aot be ob�tructed escept by spacial
permisaion of the Engineer.
The materiala excavated and the coastructioe materials sucb as
pipe used in tbe con�tructioa of tbe work shall be placed so
as not to endanqez tbe work oz prevent free access to all f ize
bydrants, 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
RESPONSIBZLITY
���IQN C6-6 LEGAL RELATIONS AND OBLIC �tESPONSIBILITY
.1 LAWS TO B� OBSERv�D: The ontzactoz shal� at all times
observe and ccmply with all Federal and State Laws and City
ordinances and zegulations which in any way affect the conduct
of the work or bis opezations, and shall observe and comply
with all orders, laws, ordinances and zequlations which exist
or which may be enacted latez by bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding cr
ignorance thezeof will be considered. The Contzactor and his
Sureties ahall indemnify and save harmless the City and all of
its officers, agents, and employees against any and all elaims
or liability ari6inq from oz baeed on tbe violatioa of any
such law, ozdinance, zegulation, or or�er, whethez iL be by
himself or bis employees.
C6-6.2 pERMIT� AND I,ICENSgS: The Contzactor shall pzocuze all
permits and license�, pay�all chargea, costa and fees, and
give all aotices aecessary and incident to the due and lawful
prosecution of the �+ork.
C6-6.3 PATENTED �EVICES MATERI�I, S AtJD PRO�ES�SES: If the
Contrector is requized or c�esirea to uae any esiqn�, device,
ma�erial, oz pzoces8 covered by letter, patent, or copyriqht,
he shall provide foz such use by suitable legal agreement Mith
the patentee or oNaer of sucb patent, letter, or copyrighted
design. It is mutually agreed aad understood that without
exception the contract prices shall inclnde all royaltier oz
cost azising from patents, tzade-mazks, and copy rights ie any
way involved in the vork. Tbe CoAtracioz and bfs sureties
shall indemaify and save harmleaa the Ovner from any and all
claims for infringement by reaaoa of tbe nse of aAy such
patented design, device, matezial or process, or any
tzade-mark or copy right in connection vith tbe vozk agreed to
be perfozmed undez theoe Contract Documents, aad sball
inc]emaify the Owner for any co�t, expease, or da.mage vhich it
may be obliged to pay by reason of aucb iafzinqement at any
time during the prosecution of the Mork oz after completion of
the work, provided, bowever, tbat�the OMner rill assume tl�e
zesponsibility to defend any and all suits brongbt for the
infringement of any patent claimed to be iafzinged npon by the
design, type of construction or material or equipment
specified in the Contract Documents furAi�hed tbe Contractor
by the Owner, an8 to bold the Contractor barmleaa o� account
of such suits.
C6-6 (1)
! �''I��� C�I�� G?��GU �,!�
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�a J�'I�IIIIq �15G'�e
cazried on in such manner as not to interfere With the
operation of trains, loading or unloadinq of cazs, ete. Othez
contzactors of the Owner may,.foz all purposes zequized by the
contract, enter upon the work and pzemises u6ed by the
Contractor and shall be provided all reasonable facilitfes and
assistance for the completion of adjoining wozk. Any
additional grounds desized by the Contractoz for his use shall
be provided by him at his owr� cost and expense.
C6-6.7 RAILwAY CROSSINGSs When ttie work encrcaches upon any
right-ot-way ot any railway, the City will secure tbe
necessary easement for the work. t�Phere tbe railway tzaeks aze
to be crossed, the Contzaetoz shali observe all tbe
regulatioas and instrnctions of the zailvay company as to the
methods of performing the work and take all pzecautions foz
oafety of property and the public. i�agotiations vith the
railway companies foz permits shall be done by aad th=ouqh the
City. Tbe Contractor shall qive the City t�otice aot less thap
five days prior to the time of hfs intentions to beqin Mozk on
that portion of the pzoject vhicb is zelatad to tbe railvay
properties. The Contraetor vill not be given eztra oz
additional compencation foz snch railvay crossiogs unleas
apecifically set fortb ia tbe Contract Documents.
C6-6 . 8 BARR�CADES ,�PARNZNGS �,ND i4A�CHt�tT: i�Phere tbe vork is
cazried on n or sd�acent to any � ree�, allep, oz publie
place, the Contractor shall at his oNn expense inrnish, erect,
and maintain cucb bazsicades, fences, liqhta aad danger
signals, shall pzovide sncb watehmen, and shall take all sucb
othez precantionary mcasures for the proteetion of persons oz
property and of the Mozk as aze nacea�arp. Barzicades and
feaces shall be paiated iA a coloz tbat vill be vfsible at
niqht. 1►rom snnset to •nnrise tbe Contzactor shall fnrnisti
and maintaia at least one easilp visible buzainq light at each
barricade. 1► •ufficieat namber of bazsicedes sball be ereeted
and maintained to keep pzdestrians avap from, and vehieles
f zom being driven o0 or i�to, any vork nndes constzuction oz
being maintained. The Contractor •hall fnrnish Matchmea and
keep tbem at their zezpective assiqnments 10 snffieieat
numbers to protect the work and prevent aceident or damage.
�,11 iastallations and pzoceduzes sball be consistent Kith th•
provisionc set forth in the '1960 Texas Irlannal oo Dniform
Traffic Contzol DeviceQ for Streets and Bfghways' issued nader
the authority of the 'State of Teza� Onifozm �►ct Regnlatiaq
Trafffc on Bighways", codified a� Articie 6701d oeron's Civil
Statutes, pertinent 8ectiona beiag 8ection pos. Z7, 29, 30 and
31. �
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�'.' gas valves, oz manholes in the vicinity. The Owner zeserves
� the right to zemedy any neglect on the part of the Contractor
as regazds to public convenience and safety Which may come to
,; its attention, aftez twenty-four hour6 notice in wziting to
the Contractor, save in cases of emergency when it shall bave
�, the right to zemedy any neglect without notice, and in eitber
�' case, tbe cost of such Work done or materials furnished by the
'""� Owner oz by the City ahall be deducted fzom monie6 due oz to
� become due to the Contractor.
The Contractor, after approval of the Engineez, chall notify
the Fize Department Headquazters, Traffic Engineer, and Police
Department, when any stzeet or alley is requested to be closed
oz obstructed oz aay fize hydrant ic to be made inaccessible,
and, when so directed by the Enqineez, shall keep any street,
atreet6, or hiqhwayb in condition for unobstructed use by fize
appazatus. The Contzactoz shall pzomptly notify the Fize
Department Headquarters vhen all �uch obctructed streets,
alleys, or hydrants are again placed back in service.
„� ivhere the Contzactor i• tequized to constzuct tempozary
bzi�ges oz make otbez arraagements f or crossiaq ovez diiches
� or stzenms, bis zespoasibility foz accidents ia connection
� with Buch czos6iags shall include the zoadway approache6 a6
well a6 the structures of such crossing�.
� The Contzactor chall at all tfines conduct hic opezation and
� the use of construction machinezy so a� not to damage oz
clestroy tzees and shrubi lccated in cloae proximity to or on
� the site of tbe work. i�hezevez any �ucb damaqe may be done,
,�' the Coatzactor sball immediatelp satiify all claims of
� pzopezty owners, and ao paymeat vill be made by the OMner ia
� 6ettlement of such claims. Tbe Contractor shall file with the
; Enqineer a�rrittea statement sbowinq all such claims adjusted.
�. RIGHT OF W YsLEFoz theCpeztormaa e� o���escontra�ct, �the
� Contractor will be permitted to use and occupy snch portions
of tbe public 6tzeets aad alleys, os otbe= pnblic place� or
� other riqbts-of-way aa pzovided foz in tbe ordiaances of the
� City, as ehown in tbe Coatract Documeats, os •s may be
epecifically authorised in Mritinq by the Enqineez. �
� zeasonable amount of tool�, materials, aad equipmeat for
constzuction purposes may be stored in sucb space, but no more
'' than is neces6azy to avoid delay ia tbe constructioa
� operatiens. Excavated and waste matesials shall be piled or
� stacked in such a way as oot to iatezfere vitb the nse of
� spaces that may be aesignated to be left fzee aad nnobstzucted
and eo as not to inconvenience occupants of adjacent p=operty.
�1 If the etreet is occupied by railway tracko, the �►ork shall be
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advance of the use of any activity which might damaqe or
endaager their or his pzoperty along or adjacent to the wozk.
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iqhere the use of explosives is to be permitted on the project,
aa specified in the Special Contraet Document�, or the use of "
explosive� is requested, the Contractoz shall submit notice to �
the Enqineer in wziting twenty-four hours prior to commencing
and shall f urniah evidence that he has insurance coverage to �
protect against aay damages and/or injuzies arising out of
euch use of explosives.� � �*
Al1 claims azising out of the use of explosives shall be
investiqated and a wzitten zeport made by the Contractor's �.
insurers to the Enqineer within ten (10) days after receipt of
�vzitten notice of the claim to the Contractor from either the �
City or the claimant. The City shall proceed to qive notice
to the Contractor of any such elaim. The use of explosive� �!
may be auspended by the Engineer if any complaint is received �
and such uce shall not be zesumed nntil the cause of the
com�laint has been addresaed. ,a�
iPhenever explo�ivec are atored oz kept, they shall be �tored �
in a safe and secure manner and all storage places shall be a�,.
plainly marked •DANGEROOS EXPLOSIVES• and ahall be nnder the
care of a competent watehman at all times. 1�11 vehicles in -'
Mhich explosives are being transported shall be plainly marked
as mentioned above and shall, insofaz as pos�ible, not u�e ��
hcavy traffic routes.
C�6-6.10 i�ORlC wITHI� EASEMEpTS: i9here the vork passea over, '"
throuqh, or into pzivate propertcy, the Ormer �rill provide sucb
siqht-of-�vay or easement privileges as the City may deem
necessary for the prosecution oi tbe vork. 7►�p additional� �,
rights-of-pay or Mork azea considered necessary by the
Contractor 8hall be provided by him at his own ezpenae. Such -
additional ziqht,-of-vay oz vork azea shall b� acquired for �
the benefit of the City. The City shall be notified in `
writinq as to the ziqhts so acquized before r►ork beqins ia the
affected area. The Contractor �hall not enter npon private
property for any purpose witbout haviag previoaslp obtained '
permission frc� the ownez of such propertp. The Contractor
will not be allowed to store equipment or material on pzivate
pzoperty unless and uatil the apecified appzoval of the �
pzoperty owner has beea aecured in Nziting by tbe Coetractoz
and a copy furnished to the Enqineer. Dnless specifically �°
provided otherwise, th� Contractor shall clear all „�
riqhts-of-way or easements oi obstructions Mhich must be
removed to make possible proper pro�ecution of the work as a �
part of the project construction operations. The Co ctor �,
shall be responsible for the pzeservatio�f and,��,� use
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The Contzactoz will not zemove any regulatory sign,
instructional sign, street name sign, oz other sign which has
been ereeted �y the City. If it is determined that a sign
must be removed to permit zequized conbtruction, the
Contzactor shall contact the Transportation and Public Wozks
department, Signs and Markings Division (phone numbez
8780-8075), to zemove the siqn. In the case of zequlatory
siqns, tbe Contractor mu6t replace the permaneat siqn with a
temporazy siqn meeting the zequirements of the above
referenced manual and such temporary siqn must be installed
ptior to the removal of the permanent siqn. Zf tbe tempozary
sign is not installed correctly or if it does not meet the
requized specifications, the pezmanent siqn shall be left in
place until the temporary aign requizements are met. When
constzuctioa work ii completed to the extent that the
permanent'sign can be re-instnllcd, the Contractor shall aqain
contact the Signs and Mazkings Division to re-i�stall the
permanent sign aad shall leave bie temperary siQn ia place
until such re-installatiea is completed.
The Contractoz vill be held responsible for all damage to tbe
� Work or the public due to failure of barzicades, siqno,
� fences, lights, oz vatchmen to protect them. �Pbenever
evidence i� foun8 of �uch damage Lo the vozk the Eaqiaeez may
order the damaged portion i�ediately zemoved and replaced by
� the Contzactoz at the Contzactet's ovn expence. Tbe
� Con traetoz'a zesponsibility foz the maintenance of barzicades,
� signs, fences and lights, and foz providiaq watchmen shall not
cease until the project �hall have been completed aad accepted
,; by the Ownez.
. No compeasatiea, e=cept as speciiically provided ia tbese
' Contzact Documents, will be paid to the Contractos f oz the
'' Work and mateziala involved in tbe constzucting, providi�q,
and maintaining of barricades, siqas, fencea, and lights or
� foz salazies of vatchme�, f oz tbe subsequent semoval and
•� disposal of such barricade�, siqas, or for aap otber
incidentals necessary f oz the propez protection, safety, aad
� conveaience of the public duzing the contract period, as tbis
�j work is considered to be subcidiary to the several itemc foz
which unit or lump sum prices are requested in the Proposal.
C6-6. 9 OSE OF EXPLOSIVE$ j DROP� �PEIGHTr ETC. s Shonl!! the
Coatractoz elect to use exp18sives, drop veiq�t, etc., in the
prosecution of the vozk, the utmost care shall be e�cerci�ed at
all times so ae not to eadangez life or pzoperty. The
Contzactor sball notify tbe proper representative of any
public service corporatioA, any companp, i�dividual, oz
utility, and the OMner, not less than twenty-f onr hours in
�'
!-+
C6-6 ( 5 ) ';;'����G��� ���C���
I�`�� ��IG�! s °�
UUo 111/li�U'-��UUp ULSWc
pzoposal. Therefore, no sepazate payment 6ha11 be a1loWed
f or any service associated with this work.
In case of failure on the part of the Contractoz to zestore
such pzoperty to make good 6uch damage oz injury, the Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardoua condition
resultB, proceed to zepaiz, zebuild, oz otherwise zestore such
property a6 may be determined by the Owner to be necessary,
and the cost thezeby will be deducted fzom any monies due or
to become due to the Contzaetor undez�this Contract.
C6-6.11 �NnF.PENDENT �QN�RACTOR: It is undezctood and aqzeed
by the partie6 bereto ha Contraetoz chall perfozm all wozk
and service� hezeunder aa an independent eontraetor, and not
as an officez, agent, sezvant or employee of the Owner.
Contractoz �hall have esclusive contzol of and the exelucive
ziqht to control the details of all tbe vork aad serviceQ
performed hereunder, and all per�ons performinq came, aad
shall be aolely re�ponsible for the acts and omi�sio�Q of it•
officers, agents, servants, employees, eoatzaetors,
subcontractozs, licensees and inviteeQ. The doctzine of
respondeat supezior shall not apply as betveen O�ner aad
Contractor, its officeTa, agents, employees, coctractor� and
�ubcontractors, and nothing herein ahall be construed as
ezeating a partnership or jofat enterpzise�betveen Owner aad
Contraetoz.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR D�MAGE CL�IMS,s
Contractor covenants and agrees to, and doea bereby iodemnify,
hold harmless aad defend Ovner, fta ofiicers, agents,
servants, and employees froaa and against any an all claim� oz
=uitc foz pzepezty damage oz locs and/oz personal injury,
in�luding death, to any and all per�ons, of rrhatsoever kind oz
character, Mhetber zeal or assezted, arisinq ont of or in
connection with, directly os indizectlp, tbe aork and services
to be perf ozmed hereunder by Contractor, its officers, agents,
employees, contractozs, subcootractors, licensees ot invitees,
whether or not cauced, ia Mbole or i� part, by alleged
ncgligence on the part of offieers, agents. �ervants�
employee�, contractors, subcontzaetors, licensees and invitees
of the Owner; and said Contractor does hereby covenaAt and
agree to assueae all liability and re�pon�ibility oi O�mar, its
off icers agents, servants and em�ployees for property damage or
loss, and/or personal injurie�, iacludinq death, to any and
all persons of whatsoevez kind or character, vhethez real or
asserted, azisinq out of or in con�ectioo with, directly or
indirectly, the work and services to be performed hereuAdez by
Contractor, its officers, agents employees, contractors,
subcontractors, licen�ees and invitees, whetber or not caused,
C6-6 (8)
- ^ , ' �" � u `�D
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���J3`UI ��ISIt'�VC��QY '
U Uo U�i L�t� (�y �LSW. �
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� every precaution to pzevent damage to all trees, shzubbezy,
� plants, lawns, fences, culverts, curbing, and all other types
of structures or improvements, to all water, sewes, and gas
.� lines, to all conduits, overhead pole lines, oz appurtenances
� thezeof, including the ccnstructioa of tempozary fences, and
to all other public or pzivate property along adjaceat to the
wozk.
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The Contractor shall notify the propez zepzesentatives of
owners or occupants of public oz pzivate lands oz intezest iA
lands which might be aff ected by the work. Such notice shall
be made at least 48 houzs in advance of the beqinning of the
wozk. Notices ahall be applicable to bcth public and pzivate
utility companies oz any eorpozation, coenpaay, individual, or
othez, eithez as owners or occupants, whose land oz intezest
in land might affected by the Nozk. The Contractot shall be
zesponsible fot all damage or injury to pzoperty of any
character resultiaq fzom any act, omibsion, neglect, oz
misconduct in the mannez or method oz execution of the wozk,
oz at any time due to defective work, matezial, oz equipment.
whe� and Where any dizect oz indirect oz injury is done to
public or pziva��. �zo�eP¢3� o�: ��:count c� a�l� a�t, omis6ioa,
neglect, or misconduct in tbe execation of the vozk, or in
consequence of tbe non-execution thereof on the part of the
Contzactor, he shall zestore or have zestored at his owa eoet
and expense 6uch property to a condition at least eqnal to
that exi6ting before ouch damage oz iajuzy waQ done, by
repairing, zebuilding, oz otherwise zeplaciaq aad zestoring as
may be dizected by the Ownez, oz he shall make good such
damages or injury in a manner acceptsble to tbe ovnez of tbe
pzoperty and the Engineer.
All f eace6 encountered aad rea►oved duzing conatruetioa of
this project shall be restored to tbe ozigi�al oz a better
than original condition upon completioa of this projeet.
when wire fencing, either Kire meab oz barbed Nire ia to be
crossed, the Contractoz �hall set cro�s braced posts on
eithez aide of permanent easement bef ore the f eace is cut.
Should additional feace cuta be necessary, the Coatzactor
shall provi8e cross braced posta at point of the proposed
cut in addition to the crotc braced posts pzovidad at the
permanent easements limits, before the fence is cnt.
� Temporary fencing shall be erected in place of th�
zemoved whenever the wcrk is not in proqress and
site is vacated overniqht, and/or at all times t�
� livestock fzom eatering the construction area. Tbe
� fence removal, tempozary closures and replacemeat
subsidiary to the vazious items bid in tbe
�"�
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C6-6 (7)
e fencing
Mben the
� preveat
coct f oz
sball be
project
�:���UJ�vu��i� ����C�G�D
��= U�� �r�':; I��IfG;lU1� �
u u--�w�':'�ll Up ��Wo
expization of the siz month period the Directoz �nay zeeommena
that final payment be made if all othez work ha� been
pezformed and all othez obligations of the Contractoz have
been met to the �atisfaction of the Director.
The Dizector may, if he deems it appzopriate, refuse to accept
bids on othez Watez Depaztment Contract work from a Contractor
aqainst whom a claim for 8amages is outstandinq as a zesult of
work performed undez a City contzact.
C6-6.13 f'ONT�tACTOR'S CLAIM FOR DAMAGES: Should the Contractor
elaim compensation for any alleged damage by zeason of the
act� or omissions of the Ovner, he shall within thzee days
after tbe actual 6ustaioing of such alleged damage, make a
wzitten �tatement to the Engineet, setting out in detail the
nature of the alleged damaqe, and oa or before the 25tb day of
the month oucceeding that fn �+hich any such damage is elaimed
to have been sustained, the Contractor sball file vith the
Engineer an itcmised statement of the details and amount oi
such alleged damage aad, upon zequest, shall give tbe Engineer
access to all books of account, receipts, vouchers, bills oi
ladioq, and other book� oz papers containiaq aay evidence as
to the amount of �uch alleqed damage. Onless such statements
shall be filed as hezeinabove requized, the Contractoz's claim
f or compen�atioo shall be vaived, and be sDall not be eatitled
to paymeat on account of such damages.
C6-6.14 ADJpSTMENT OR RELOCATIOp OF PIIBLIC DTZLITZES EZ'C.t
Zn case it is necessary to change, move, oz alter �n any
manner tbe pzoperty of a pnblie ntility or others, the said
property shall not be moved or intezfered witb until orders
thereupoc have been iasued by tbe Lnqineez. The riqht is
reserved to the owners of pnblic utilities to enter the
geoqraphical limfts of tbe Contract foz the purpoae of making
such changes or zepaizs to their property that may be
necessary by the performance of thia coatzact.
C6-6.15 TEMPQRARY SEWER AND DRAIN CONNECTIQNS,s i�Qhen existing
sewer lines [�ave to be takea up or zemoved, tbe Coetractor
�hall, at his own expenae aad co�t, provide and maintain
tempozary outlets aed connections for all privat� oz public
drains and sewers. The Contractor �hall also take care of all
sewaqe and drainage which will be received from tbe�e drains
and sewers, and foz this purpose be �shall pzovide and
maintain, at his own cost aad expenss, adequate pumping
facilities and temporary outlete oz diveraion�.
The Contzactoz, at his ewo cost and e�cpense, shall construct
such tzoughs, pipes, ot other structure� necessazy, aAd be
pzepared at all timea to dispose of drainaqe and sewage
C6-6 (10)
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in Whole or in pazt, by alleged negligence of officers,
agents, servants, employees, contzscLors, subcontzactors,
'licensees or invitees of the Ownez. Contzactoz likewise
covenants and agrees to, and does hezeby, indemnify and hcld
hazmless Owner fzom and against any and all injuzies,loss oz
da.mages to property of the Owner duriag the performance of any
of the terms and conditions of this Contract, whethez aribing
out of oz in connection with oz zesulting from, in vhole oz in
part, any and all alleged acts or omissions of officers,
agents, servants, employees, contractozs, subcontzaetoz6,
licenses, or invitees of the Ownez.
In the event a wzitten claim for dnmages aqainst the
contractoz oz its subcontzactorc zemains unsettled at the time
all work on tbe pzoject has been completed to the satisfaction
of the Dizectoz of the i�atez Department, a6 evidenced by a
finnl inspection, final payment to the Contractor �hall not be
zeco:nmended by the Directoz of the water Depsrtment foz a
peziod of 30 days aftez the date of �uch final inspection,
unless the Contractoz shall oubmit wzitten evideoce
satisfactozy to the Dizeetor that the elaim has been settled
and a release has been obtained fzom the claimant iavolved.
If the claim concerned ZCIDaSD6 unsettled as of the e�cpiration
of the above 3D-day peziod, the Contractoz may be deemed to bc
eatitled to a cemi-final payment for vork completed, such
semi-final payment to be in an amonnt equal to the total
�ollaz amcunt tben due less the dollaz value of any rrritten
claims pending against tbe Contzactoz arising ont of the
performance of such �+ork, aad such aemi-final payment may thea
be recommended by the Dizector.
The Dizectoz shall not =ecommend fiaal payment to a Contractor
against whom such a �laim for damages is outstandiaq for a
period of cix months followioq the date of the acceptance of
the Nczk performed unless tbe Contraetoz snbmit6 evidence ia
wziting sati�factory to the Director that:
1. The claim bas been aettled and a release has been
obtained fsom the claimant involved, or
2. Good faith
outstandiAg
have failea.
efforts have been made to settle such
claims, and sucb qood f aith efforts
If condition (1) above is met at any time witbia the oix month
� period, tbe Director shall recoa�end that the final paymeat to
the Contzactor be m,ade. If condition �2 ) above is met at any
time within the si a mes�t torthe�Contractortbe madezeCAt�the
� that the final p Y
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C6-6 t9)
���=���vG/��i� �'[���G�D
� =�l�ti' ���'� �� ' °�1�
U�a �'1'�� ����o ���a
thezeof by action of the elements or fzom any cause
whatsoevez, whether arisinq from the execution or nonexecution
of the work. The Contractor shall zebuild, repaiz, zestore,
and make good at his own expen8e all injuzie� or damage to any
portion of the work occa6ioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGATS: Inspection by the Enqineez
or any order by the Owner by payment of money or aoy payment
for or acceptance of any wozk, or any extension of time, or
any possession taken by the City shall not operate at a waivez
of any provision of the Contract Documents. �ny waiver of any.
bzeach oz Contract shall not be held to be a waiver of any
other or subsequent breach.
The Owner reserve� the zight to correct any error tbat may be
discovered in any estimate that may bave been paid and to
adjust the same to meet thc requizements of the Contract
Documents.
C6-6.20 PERSONAL LZABILITY O! PIIBLIC OF ICII�I.S: I� carrying
out the pzovisioni ot' theQc Contrac� bocument� or in
exercisinq any pover of authority qranted thereundez, there
shall be no liabilfty upoa the authorised representativet of
the Owaez, either per�onallp or othervise as they are agenti
and repreaentatives of the Citp.
C6-6.21 STATE SALES TAX: On a coatract aMarded by the City of
Fort worth, an orgaaization Mhicb qualifies for exemptioa
pursuant the provisions of l►rtiele 20.04 (8) of tbe Texas
Limited Sales, exeise, and Dse Taz �1ct, the Contzactor may
purchase, zent or lease all materials, snpplie� and equipment
used or consumed in the perfozmance of this cootraet by
issuinq to his supplier an exemption certificate ia lieu oi
the tax, said exemption certificate to comply vith 6tate
C omptzoller's Ruling .007. 7�ny sucD exemption certiiicate
issued by the Contractor ie lieu of the tas shall be subject
to an3 shall comply vith the pzovisions oi State Comptroller's
Rulinq .011, and any other applicable Stat� Comptroller
rulings peztaininq to the Texas Lim�ted Sales, Lscise, and Dse
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvemeot in a street right-of-way or other
easement which ha� beea dedicated to the public and the City
of Fort Worth, an organization ahich qualffies f or exemption
puzsuant to the provisions of Article 20.0� (H) of tbe Texas
limited Salea, Excise, ana Dae Tax Act, the Contractor cao
pzobably be exempted in the same manner stated above.
�;�;�+���`�'"U�:L i�����G�G
i�";����' �"���� � ° 1(
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C6-6 � 12 ) �1�0 �'t�i�'.��� ��.
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� zeceived fzom these temporary connections until such�times as
� the pezmanent connections are built and are in service. The
existing sewers and connections 6hn11 be kept in 6ervice and
� maintaine8 under the Contzact, except When specified os
ozdered to be abandoned by the Engineez. Al1 water, sewage,
�, aad othez waste shall be disposed of in a 6atisfactory mannez
� so that no nuisance is created and so that the wozk undez
conatruction will be adequately pzotected.
C6-6.16 RRAN EMFNT �,Nn r��,R�FE FOR WATER FII NISHED BY THE
CITY: W�en t�e Contractor �esires to use �ity watez ia
connection with any construetion work, he shall make complete
and satisfactory arzangements wiih the Fort worth City watez
Department foz sc doing.
� City watez furnished to the Contzactoz shnll be delivered Lo
the Contractcr irom a conneciion on an existinq City main.
;-� All piping requized beyoAd the point of delivery shall be
� installed by the Contractoz at hii owA expense.
The Contractoz's responsibility ia the use of all existinq
fire hydzant and/oz valves is detailed in 6ection E2-1.2 DSE
OF FIRE HYDRANTS 1►ND VALVES in these Genezal Contract
Documents.
� when metera aze used to measure the vater, tbe chazges, if
� any, foz Water will be at the regulaz established zates. i�hen
„� metera aze not u6ed, the charqes, if any, Mill be as
prescribed by tbe City Ozdiaance, oz wbere no ordinance
�j applieo, payment sball be made on estimate� and zates
�; ebtablished by the Director of tbe Port iAortb i�ater
Depart�ent.
� C6-6.17 DSE OF A SECTIO�T OR PORTION OF TSE wORlC: iPhenevez, in
� the opinion of the Eagineez, aay aection oz portion of the
� work or aay struetuze is in suitable condition, it may be put
into use upon the writtec ozder of the Enqineer, and such
�J usage Shall aot be held to be i� any way an acceptance of said
� work or structuze oz any part tbereof or as a r►aiver of aay of
the pzovisioas of tbese Coatract Documentr. 1►11 nece�sary
� zepairs and removals of aay section of the work so put into
use, due to def ective materials or vozkmanship, equipment, or
�,,,,, to deficient operatioa6 on tbe part of the Contractoz, shall
,,,
be performed by the Contractor at hi6 �wa expease.
C6-6 . 18 CONTRACTOR' 6 RESPONSIBILITY lOR. TSE _�POR1Cs Dntil
written acceptaace by the Owaez as pz�ovided �or ia these
Contract Documeats, the Mork shall be under the charge ana
care of the Contractor, aaa he shall take every necessary
precautioa to prevent iajury oz damage to the work or any part
� �
b.re �.��If�.�',UG�� �_15�J��
C6-6 f 11) ��-u K��,,; =�� �� � o
;�O�u� ��C�.'�G�C��17
� . � G�o ��`�`"�,'' �'l i�, ��"�o
�
Limited Sale, Excise and Use Tnx permits and inforeaation can
pG' be obtained fzom:
Comptrollez of Public Accounts
Sale Tax Division
Capitol Station
� Austin, TX
�
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Cb-6 � 13 ) !�G�� ii �� c�� °' � e
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pzosecuting the wozk and ordering materials and equipment
which he expects to follcw in order to complete the pzoject in
the scheduled time. There shall also be subcaitted a table of
estimated amounts to be earned by the Contractor duzinq each
monthly estimate period.
The Contractor shall commence the Work to
this contract within the time limit stated :
Document� and shall eonduct the wozk in a
and with sufficient equipment, matezial�,
necessary to insure its completion withia the
�e performed undet
n these Contraet
continuous mannez
and labor as is
time limit.
The sequence requested of all construetion operations shall be
at all times as specified ia the Special Contraet Document�.
Any deviation from scub �equeneing shall be submitted to the
Engineer for his approval. ContTactoz shall not proceed with
any deviation until he has received wzitten appzoval fran the
Enqineez. Such specification or approval by the Engineer
shall oot relieve the Contractor from the full responcibility
of the complete performance of tbe Contract.
The contract time may be
C7-7.8 •EZteDS100 of Tia►!
and a pzoqrec� �chedule
contract time.
changed only as set forth in Section
of Completioo' of tbis �►qzeement,
shall not cocstitnte a change in the
C�-7.4 LIMITATIONS OF OPERATIONSs The vorking opezationo
6ha11 at all times be conducted by the Coatractor so aa to
czeate a minimum amount of iaconvenience to the public. !►t
any time when, in tbe judgmeat oi tbe Enqineer, the Contractor
has ob�tructed or closad or is carrying on operations in a
portion of a stzeet or public May greatez than ia necessary
for the propez e�cecution of ti�e vork, the Enqioeer may require
the Contractor to ffaisb tbe sectioa oo vhicb operatioas are
in progre8s before the work is eommeaced oo anp additional
•ection oz street.
C7-7.5 CHARACTER OF W�RlCl�N AND �II��I�NTs I.ocal labor shall
be used by the Contzac or is ava la e. The Contractoz map
bzinq in from outside the City of rort i�orth his key mea and
his superintendent. 1�11 otber MorkIDen, inclnding eqnipment
operators, may be importad ocly after th• local •upplp is
exhausted. The Contractor shall emplop only �ueb
superintendents, foremeo, and workmen who are careful,
competent, and fully qualifiad to p�zf orm tbe auties or taska
assigned to tbem, and the Enqineer may demand and securt tbe
summary dismissal of any pereon or pertoas employed by the
Contractor in or about or on the vork �ho, in the opinion of
the Owner, shall misconduct himself or be found to be
incompetent, diszespectful, intemperate, dishonest, or
4 �;'�'ij=:':;�i'_5 u.i�l��J°�@
C7-7 � 2 ) � ��o �"�''��a_.'r�' ��
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PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
� SECTION C7-7 PROSECUTION AND PROGRESS:
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C7-7.1 SDBLETTING : The Contzactor shnll perfozc► with his own
organisation, ana with the assistance of workman under his
immediate superintendance, Mork of a value of not less than
fifty (50�) percent of the value embraced in the contract. If
the Contzactoz aublets any part of the wozk to be done undez
these Contract Documents, he Will not undez any circumstances
be relieved of the responsibility and obliqation assumed nndez
theae Contzact Documents. �ill tran�acticns of the Engineer
will be vith the Contractot. Subcontractozs will be
considezed only in the capacity of employees oz wozkmen of the
Contzactoz and shall be subject to the same requirementa as to
charactez and competency. The Owner Mill oot zecognise any
subcontraetor on the work. The Contractoz •ball at all times,
when Lhe work is in operation, be represented eithez in person
or by a superintendent oz other desiqnated zepzeeentatives.
C7-7.2 ASSIGNMENT OF CONTRl�CTa The Contzactor shall nct
assign, transter, sublet, convey,�oz otherMise dispose of the
contract or hia riqht6, title, or intezest in or to the same
oz any part thereof xithout the pzevious consent of the �wnez
expressed by zesolution of the Citp Council aad concurred ia
by the 6ureties.
Zf the Contzactor dxs, vitbont ancb pzeviou� conaent, a�siqa,
� transfez, sublet, coAvey, or otberxise dispose of the contract
�; oz Dis zigbt, title, oz iatezest thereiA or any part thereof,
to any perton oz persoas, partaership, company, firm, oz
,� corpozation, oz does bp backzuptcy, voluntary oz iAvoluntary,
1! or by assignment nnder t6e insolvenep law� of any state,
� attempt to dispose of the coatract may, at the optioA of tbe
Owner be revoked and annnlled, unless tbe Suretie� shall
�' successfully complete said contract, and in tbe event of any
� such revocation or annnlment, any moaies due oz to becoIDe due
undez oz by virtue of said contract shall be retaiAed by tbe
� Owr�er as liquidated damagea for the zeasoa that it vould be
impracticable and estreIDely diificnit to fiz tb� actual
damages.
C7-7.3 PROSECOTIOp OF THE MOR�C: Pzior to beqinninq any
construction operation, tbe Coatractor shall submit to the
Engineer in five or moze copies, if zequested by ti�e Engineer,
a progzeas achedule preferably ia chart or diaqram f orm, or a
brief outlining in detail and step by step the mannez of
�
�� ��,�-�����G�!:� ���CG��
. C7-7 (l I r��i��;%c��`�� ` °�
� , � '�''110 t`�� '��:��lo ��{.
_..,....�.� .�
C7-7.7 TIME OF COMMEN�E ENT AND COMPLETION: The Contractor
shall commence the wor�ing operations withia the time
specified in the Contract Documents and set forth in the Work
Order. Failure to do so shall�be considered by the Ownez as
abandonment of the Contract by the Contractor and the Ownez
may proceed as he sees fit.
The Contractor shall �aintain a rate of progress sueh as will
in�ure that the whole work will be performed and the pzemises
cleaned up in accordance With the Contract Documenta and
wit�in the time establish�d in such doeumentc and such
extension of time as may be pzoperly authorized by the O�wner.
���7.� EXTENSION OF TSI� CO LETIOP: The Contraetor's request
for an extension of time o� completion shall be considered
only wheA the request for such extensioo is submitted in
M►ritinq to the Enqinees vithin seven days from and after the
time alleqed cause of delay shall have occurzed. Should an
extension of the time of completion be requested such zequest
xill be forwarded to tbe City Council foz approval .
In adjusting the contzact time foz completion of vork,
consideratioa will be qiven to unforseeable eauses beyond the
control of and vithout the fanit or negliqence of the
Contractor, including but limited to acts of the public enemy,
aets of the Owner, fire, flood, tornadoe�, epidemics,
quarantine restrictioas, stzikea, fzeight embargoes, or delays
of sub-contractor� due to sucb causes.
when the date oi completion is baeed on a calendar day bid, a
request foz exteasion of time becauae of inclemeat weather
will not be considered. � zequeat for extension of time due
to inability to obtai� supplies aad materials will be
considered only vhen a zeview of the Contzactor's puzchase
order dates and other per�inent data as requested by the
Engineer iadicates tbat tbe Contraetor has made a bonafide
attempt to secure delivery on schedule. This shall include
efforts to obtain the supplies and materials from alternate
�ources in case the firtt souzce cannot meke delivery.
If satisfactory execution and completion of tbe contzsct
sbculd require work and materiats ia gzeater amounts or
quantities than those aet forth i� the appzoved Contract
Documents, then the contract time may be iocreased by Change
Order.
C'-7.9 DELAYS: The Contractor shall receive
�� delays oz hindrances to the work, except �
u..voidable extra cost to the Coatractor i�
f ailure of the City to provide information �
C7-7 t�)
0o compensation
rhen direct and
� caused by the
�r ma �er-3ra-�; i f
. 1j �'I ` . �� I �n_ �I ��� � vi ��u�
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(�, �JUG?�N�, �� �
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otherwi6e objectionable oz neglectful in the propez
performance of hi6 oz their duties, or who neglect6 or zefuses
to comply with oz cazzy out the clizections of the Owaez, and
such person or persons shall noi be employed eqain thezeon
withcut wzitten consent of tbe Enqir►eez.
All worktnen shall have sufficieat Skill, ability, and
expezience to pzopezly pezfozm the wozk assigned to them and
operate any equipment necessary to pzoperly carry out the
performance of the assiqned duties.
� The Contzactor shall fuznish and maintain on the work all such
equipment as is considered to be necessary for pzosecution of
`� the wozk in an acceptable maanez and at a satisfactory zate of
pzogzess. Al1 equipmeat, tools, and machinezy used foz
"� handlinq matezials and executing any part of tbe vork shall be
� 6ubject to the appzoval of the Engfneez and shall be
maintained in a catisfactozy, safe and efficient working
condition. Equipment on any portion of the wozk shall be such
� that no injury to the v►ork, wozkmen or adjacent property will
result from its use.
wl C7-7.6 WOR�C SC$EDII�E: Elapsed Mozkinq day6 shall
.i s�.artirag wi�h �h� iiz�¢�. day o€ wozk compltted� as
C1-1.23 '�ORRING DAY' or the dete stipulated ia
be eomputed
defined in
the •WORlC
ORDER" foz beginning work, nhichevez comei fir�t.
'�' N othinq in these Contract Documents ahall be construed a6
prohibiting the Contractor fzom v�rkiaq on 6aturday, Sunday oz
� Legal Holidays, providiag that the following requizem�nts are
met:
�_�
.J
�
,
'
'
�
,
a. l� request to vrork oa a rpecifie
I,egal Holiday must be made to the
than tbe proceedi�q Thnzsday.
Saturday, Sunday or
Eaqir,eez no later
b. Any work to be done on the pzoject oa sueh a
specifie Saturday, 6unday oz Legal Holiday must be,
in the opinicn of the Engineez, e�seatial to the
timely completion of the project.
The Engineer's aecisioA shall be final in response to iuch a
request foz appzoval to work on a speci�fic Satnrday, Sunday or
Legal Holiday, an8 no extra eompeasation shall be allowed to
the Contractor for any wozk perfozmed on sueh a specific
Saturday, Sunday or I.eqal Holiday.
Calendar Days shall be defined in C1-1.24 and the Contractor
may wozk as he so desizes.
C7-7 (3)
,,�,,,��p�GB�� ��[��G��
'v ���f C �'�'IA'� d � U
U Ila �� C,I�, U �YNs
S 500,001 to
S1,000,001 to
52,000,001 and ov:r
51,000,000 inclusive S 315.00
52,000,000 inclusive S 420.00
. a 630.00
The pazties hereto understand and agzee th�
City caused by the Contractoz'� delay in coa
hereundez in the time speeified by the Cc
would be incapable or very difficult of accu
and that the "Amount of Liquidated Damages
out above, is a reasoeable forecast of just
the City foz harm caused by any delay.
�t any har� to the
pleting the wozk
ntract Documents
rate estimation,
Pez Day•, as set
compensation due
C7-7.,j11 n p SION BY COORT ORDER: The Contractor shall
suspena�opeta ions on such part or
part� of the work ozdezed
by any court, and will not be entitled to additfonal
compensation by vfrtue of such court order. Neithez will he
be liable to the City in the event the �rork is suspended by a
Court Ordez. Neitber will the Owner be liable to tDe
Contractoz by virtue of aAy Court Order or action foz which
the Owr�er is not �olely responsible.
C7-7.12 T M pRARY sIISPENS QN: The Oaaez shall have the ziqht
to suspen� �be wozk opera�laa vholly or in part for sucb
period or periods of time as be may deem nececsary due to
unsuitable weather conditioas or any other uafavozable
conditions which ia the opinion of the Owner or Engineez cauae
further prosecution of tbe vork to be uasatisfactory or
detrimeAtal to the iotere�t of the projcct. Duriaq temporary
suspension of work covered by this contract, foz any reason,
the Owner vill make no extza payment for stand-by time of
constructioc equipment and/or con�tructioc crev�.
If it should become necessary to suspend work for an
indefiaite peziod, the Contractor shall stoze all matezials ia
such manner that they vill not obstruct or impede the public
unnecessarily nor become da:naged in any wap, and he ahall tak�
e very precaution to pzevent damaqe or deterioratioa oi the
work performed; he 6hall provide suitable drainage about the
vork, and erect temporary structurer vhere necessary.
Sbould the Contractor not b� able to eomplete a portion of the
project due to causes beyond the contzol of and Mithout the
f ault or negligence of the Contractor as set forth i�
Pazagraph C7-7.8 EXTENSSON OF THE TIME OF COMPLETIOtJ, and
should it be determined by mutual consent of the Contractor
and the Enqineer that a�olution to allow construction to
proceed ia not available withio a reasonable peziod of time,
then the Contractor may be reimbursed f or the cost of moving
his equipment off tbe job and zeturning the necessary
equipment to the job when it i� determined by the Enq.iAeer
�
� ������� �vUG�� e`.�'I�'�'J`�L
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.
any, which is to be furnished by the City. When such extza
compensation is claimed a written statement thereof ahall be
presented by the Contractoz to the Engineer and if by bim
found correct shall be appzoved and zeiezred by him to the
Council for final approval or disappzoval; and the action
thereon by the Council shall be final ana bindinq. If delay
is caused by specific orders given by the Engineezr to ctop
work, or by the performance of extza Wozk, or by the failuze
of the City to pzovide material oz necessary in6tzuctions for
carrying on Lhe work, then such delay will entitle the
Contractoz to an equivalent exteasion of time, his application
for which shall, howevez, be subject to the approval of the
City Council; and oo such extension of time chall zelease the
Contractor or the surety on hi6 periormance bond fzom all his
obliqations hereunder which �hall zemain in full force until
the discharge of the contract.
"� C7-7.10 TIME OF COMPLETIO : The time of completion is an
� essential element of the con�ract. Each biddez shall indicate
; in the appzopriate place on the last page of the Pzopocal the
.� r,umber of working days oz calen!!az dayo that he will require
tc f ully eomplete thi.s contract oz the time of completion will
� be specified by the City in the proposal section of the
� contract dccumer+.�a.
The number of days indicatea shall be a realistie estimate of
the time required to complete the vozk covered by the specific
contract being bfd upon. The amount of time so itated by the
successful biddez oz the City vill become the time of
completion specified in the Ccntract Documents.
�'1
Foz each calen�ar day that any Mozk ahall zemain nncompleted
after the time 6pecified in the Contract Documents, oz the
inczeased time graated by the Ovner, or as automatieally
inczeased by additional vcrk or materialc ordered af tez the
contzact is signed, the sum per day given.in the following
schedule, unless otherv►ise specified ie othez part� of the
Con�zact Documents, vill be deducted from moeies due tbe
Contractor, not as a penaity, but as liqnidated damages
suffered by the Ownez.
� AMOUNT OF CONTRACT
�
Less
� S 5,001 to
� S 15,001 to
$ 25,001 to
� S 50,001 to
� S 100,001 , to
�
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:
than $ 5,000
� 15,000
$ 25,000
$ 50,000
$ 100,000
S 500,000
C7-7 (5)
inclusive
inclnsive
inclnsive
inclnsive
inclusive
inclu6ive
S
S
S
�
35.00
45.00
63.00
105.00
154.00
210.00
,"1��=���%� �'��J��
����' ���'rG����l�
,,' IVi''n;�'"�'��Q �o
b• Substantial evidence that progress of the work
opezations by Contractor is insufficient to
complete the work within the specified time.
�• Failure of the Contzactor to
sufficient labor and equipment
the working operations.
provide and maintain
to pzoperly execute
d• Substantial evidence that the Contractor has
aban8oned the work. �
�• Substantial evidence that the Contractor has become
i�solvent or bankrupt, or otherwise finaneially
unable to carry on the work satisfactorily.
f. Failure on the part of the Contractor to observe
any requirements of the Contract Documents oz to
eomplp with any orders qiven by the Engineer ot
Owner provided for in the�e Contr3ct Documents.
9. Failvre of the Contractor�promptlp to make good any
defect in materials or �+orkmanship, or any defects
of any natur• th� corzection of vhich ha� been
directed fn �rriting by the Engineer or the O�mer.
h. 8ubstantial evidence of collusion for the purpose
of illegally procuzinq a contract oz perpetzatinq
f raud on the City in the construction o: vork under
contzact.
i. �► snbstantial indication that the Contraetor has
made an unautharized assignment of tbe contract or
any funds due therefro� for tbe benefit of any
ereditar or for any other purpose.
j. If the Contractor shall foz any cause whatsoever
not carry on tbe vorking operation in an acceptable
manner.
k. If the Contractor commences legal action agaiast
the OMmer.
l� copy of the suspen�ion order er action of the City Couneil
ahall be served on the Contraetoz'• Suretiea. whea work ii
suspended for any cause or causes, or vhea the co�tract is
cancelled, the Contractor shall discontinue the vozk or such
part therPof as the Owner shall designate, vhereupon the
Sureties �3y, at their option, assume the contraet or that
portion thereof which the Owner has ordered tbe Contractor to
fliscontinue, and may perform the sa�oe or may, Mit�—t�te—rri 1 ����,
_ .'6=a'- � —... J '�� .'''''r�;�
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,
I�% l�nc'�r:'��IP � �so
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and no pr�fit will be allcwed.
that constr�ction may b� r�sume3. Such reimbursement shall be
bnsed on act�al cost to the ContracLor af movin� �he eqiipment
No zeimbutsement shnll be allowed if the e�uipment is movsc3 ta
"`� another constzuction pr�ject for the City ef Fort �torth.
�
The Contractoz shall not suspend work wiihout wzitten noticp
' from the Engineer and shall proceed with the work opPrations
promptly when notiiied by the Engi�eet to �o zesume
operations.
�
�,
,�
�
C7-7.13 TERMINATION OF ONT ACT DUE TO NATIONAL EM RGEN :
ahenever, because of Nationa� Emergency, so declare� by t�e
Pr�sident of the Uni:ed 6tates or otber lawful authority, it
becomes impossible for the Contractor to obtain all o: the
necessary laboz, materials, and equipment for the prose�ution
of the work with zeaeonable continuity ior a p:ziod of two
months, the Contractor shall within �even days notify the City
in writing, qiving a detailed 6tatement of the eFforts which
have been made and listing all necessary items of labor,
materials, and equipment nat obtainable. If, aftez
investigations, the OWnez finds that Buch conditiona existing
an� that ;:he inability of tbe Contractor to pToceed Y� not
attributable in whole oz in part to the fault ot �egleet of
the Contract, then if the Owner eannot after reasona5le eff ort
assist the Contractor in pzocuri�g and making available the
neceseary labor, �atezials and equipment vithin thitty days,
the Contractor may request the Owner to terminat� the coatrsct
and the Own�r may co�ly with the request, an8 the tera►ination
stiall be conditioned and base3 upon a final settlement
mutually acceptable to both the Owner and ths Contractoz anci
final payment shall be made in accoc8an�� with the terms of
the agreed settlement, ahich ohall include, but aot be limite3
:o, the payment for all work executed but no antieipate3
profits on Nork .vhich has not been perf�r�n�3.
C7-7.14 SUSPENSION OR ABAND�N �1Z' �F T8E WORlC
CONTRACT: T!�e W�zk opPta��ons on all �r
� section of the wozk ander Contr�ct sha
immediately on writLen �rder oE th' Engineer
m3y b� ci?clared canc�11�3 by t:�e City Counci
� sufficient cause. She followiag, 5y way of
oE limitation, may be consi3�red graunds f
cancellatio�:
�
-�
�
�
�
�
AND ANNUI.l�NT OF
any portioa oz
11 be suspended
oz Lhe Contre�t
1 for any go�d an3
example, but �ot
or �usp�n�ion or
�. Failure of the Contractor to commenc� work
operations Within Lhe time �specified in the W�rk
� Or;er issued by the awc�er. .
. �����<;�1�� G��C�uQ�
r.%�% ��%� U,."I!IIUrCN���:US' d D�
�� i�o �if ��'�,��o ��.
been finished and completed, the final inspection made by the
Enqineez, and the final acceptance and final payment made by
the Owner.
C7-7.16 TERMINATIOIJ F��, f`nP]`�F;N�FN�'F: OF THE OWNER:
A. NO ICE OF TERMINA IONs The performance of the work
un�er this contrac� may be terminated by the Ownez
in whole, or fzom time to time in part, in
accozdance with this cection, whenever the Ownez
shall detezmine that such termination is in the
best interest of the Owner. l�ny such termination
rhall be effected by mailinq a notice of
tezmination to the Contractor specifyinq the extent
to which performance of vrozk under the contract is
terminated, an� the date upon which such
termination beeomes effective. Receipt oi the
notice shall be deemed conelusively presum�d and
established when the letter is placed ia the Daited
State6 Mail by the Owner. Purther, it shall be
deemed eonclu�ively presumed and established that
such termination is made Mith just cau�e as thereia
stated; and no proof ia any claim, demand or auit
shall be zequized of the Owner zegarding such
dieeretionary actioa.
B. �ONT�tACTOR �►CTION: �ifter zeceipt of a notice of
erminatioa, aod except as otherrise dizected by
the Enqineer, the Contractor shall:
1. Stop vork under the contract o� the date and
to the extent specified in the aotice of
termination;
2. place no furthez orders ot subcontraets for
materials, service� or facilities except as
may be necesaary for completion of such
portion of the work under the contract as is
not terminatedf
3. terminate all otders and iubcontracts to the
extent t6at they relate to the perf ozmance of
work terminated by the notice of terminatioa;
4. transfer title to
the manner, at the
if any, dir�cted by
r, ' . _
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C7-� f10)
the Owner a�d delivet i�
timea, and to the exte�t,
the Engineers
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consent of :he �wner, sublet the wozk or that portion of the
work as taken over, pzavided however, that the Sureties shnll
exercise theiz option, if at all, within two we�ks after Lhe
written natice t� disconLinue the work has been sezved upon
the Contr�ctor and upon the Suzeties or their authoriz�d
agents. The Sureties, i� such event shall assume the
Contractor'� plac� in all respects, aad shall be pa:d by the
Owner for all work pezfermed by Lhem in accordance with the
terms of the �ontract Doc�ments. All monie� remaining due the
Contractor at the time of this default shall thereupon become
due and payable to the Suzeties as the wozk progresse5,
subject to all of the terms of the Contract Documents.
In case the Sureties 8o net, within the hezeinabove specified
ti�ne, exercise their zi3ht and option to a�sume the contract
responsibi'lities, or that portion thereoF which the Owner has
ordered by Lbe Contrac�or to diacontinue, tbes� the Ownez shall
have the power to coeaplete, by conGract or otherwise, as it
may determi�e, t:�e w,rk herein desczibed er such part thsreof
as it may deem necessary, and the Contractoz hereto agzres
that the Owner ahall have the zight to take pcsses�ion of anr�
use a�y materials, plants, tools, equipment, suppliea, and
property of any kind provided by the ContracLor for Lhe
puzpose of earrying on the work an8 to procure other tools,
equipment, materials, labor ana pToperty for the co�npletion of
the werk, and to charge ta the account of the Contractor of
said contract expense foz labot, �aaterial6, tool�, equipment,
and all expenses incidental thereto. Tbe expense so charged
shall be dedu�ted by the Owner fr�m such monies ar may be due
or may become due at any time thereafter to the Contztctor
und•_r ar,d by virtue of tbe Contract ar aay pazt thereof. ThP
Owner shall not be requized to obtai� the loWest bid for the
wosk completin� the contraet, but the expease to be deducted
shall be the actual cost of the ewner of Quch work.
In case such expenses shall exceed the amount vfiich Would have
r.� been payable under the Contract if the zame had been compl��ed
by the Contractoz, then the Contractor and his Sureties sha:l
"� pay the amount of such excess te th� City on netic� from ths
r Owner of the excess due. tqhea any pazticular part �i the watk
� is being carriea on by the Owner by contzact ot otherwisz
under the provision6 of this se�tion, the Contzaetoz �hall
r continue the remainder of the work in confozmity �ith the
� terms of the Contraet Documents.and ia iucb a manner a6 to not
',,,� hinder oz interfere �rith performance of the vork by the 4wnez.
r�
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�7-7.15 FUZFIS.LMENT OF CONTRACT: The Contract will be
considered as having been tult'illecl, save as pr�vided in any
bond oz bo�ds or by law, vhen all the work and all sections or
parts of the pzoject covezed by the Contract Documents have
C7-7 (9)
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D. AMOONTS: Subject to the provisions of Item
C7-7.16tC), the Contractor and Owner saay agree upon
the whole or any part of the amount oz amounts to
be paid to the Contractor by zea6on of the total oz
partial termination of work pursuant heretos
provided, that such agreed amount or amounta shall
nevez exceed the total contract price as reduced by
the amount of payments otbezwise a�ade and as
further reduced by the contract pzice of work not
tezminated. The contract shall be amended
accordingly, and the Contractoz sball be paid the
aqreed amount. No amouat shall be due for lost oz
anticipated profits. Nothing in C7-7.16(E)
hereafter, prescribing the amount to be paid to the
Contractor fn the event of failure of the
Contraetor by reason of tbe termination of wozk
puzsuaAt to this section, shall be a����a to limit,
reatrict or otherwise determiae or affect the
amount or amounts Nhich may be aqreed upon to be
paid to the Contractor pursuant to thia paraqraph.
E. FAILIIRE TO AGREE: In the eveAt of the failure of
the Contractor and the Owner to agree at provided
in C7-7.16 (D) upon the vhole amount to be paid to
the Contractor by zeasoa of the termination of wozk
purivant to this aection the Owner shall detezmine,
oa the basis of infozmation available to it, the
amount, if aay, due to the Contractor by reason of
the terminatio� aad shall pay to tbe Contractor the
amount� determined. Dio amount shall be due foz
lost or anticipated profits.
r. DED CTIONSs Ia arriviaq at the amou�t due the
con�ractor under this sectioo, tbere shall be
deducted (a) all unliquidated advaace or othez
payments oo account tberetofore made to the
Contractor, applicable to the terminated portion of
thi� contractf (b) any claim which the Owner may
have againQt the Contzactor io connaction with this
contracts and (e) the aqzeed price for, or the
proceed� of sale of, any materials, �upplies or
other thing� kept by the Coatractor or �old,
pursuant to the provi�ioas of this clause, and not
otherwise recovezed by or credited to the Ownez.
G. ADJDSTMENTs If the terminatioo hereundet be
partial, prior to tbe settlement of the terminated
portion of thia contzact, the Contra�tor may file
with the Engineer a reque�t in wzi*{�,�;,z an
C7�7 �lZ�
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a• the fabzicnt�� or unfabticAted pa�t�,
wczk in pro�ess, compl�ted wozk,
supplies and other matetial produced a;
a part of, or acqui:ed in connection
�ith the performance of, the work
t�rminnted by the notice of
termination; and
b• tbe compl�ted, oz partially complet�d
plans, drawings, infozmation aod other
property which, if the contzact had
been completed, wosl3 have been
zequizea to be furnished to the Owner.
5. eomplete performance of such pazt oi the wozk
as shall n�t have been tezminated by the
notice of ter�aination; and
6. take �uch action as may be necessazy, or as
the Enqineer may direct, foz the protection
and preservation of the pzoperty telated to
its contract which is in the possession of
the Contractor and ia which the Owr�er has ot
mny acquire the rest.
At a time not later than 30 days aiz�r the
termination date specified in the �oLice af
termination, the Contractor aay submit to the
Engineer a list, ceztified as to quantity and
gaality, of any os all items of tezmination
inventory not previously disposed of, exclusive o:
item� the disposition of which has been Qirected or
authozized by the Engineez. NaL laLer than 15 da�s
ther�:after, the Owner shall accept title to such
items provided, that the list submitted shall be
subject to verificatioa by the Engiaeer upon
zemoval of th� items oz, if the itemr are star�d,
within 45 days from the date of submission of the
list, and any necessary adjusteneats to correct thr_
list as snbmitted, shall be made prior to iinal
settlement.
C. TERMINATION CLAIM: Mithin 60 daya after notice of
terraination, the Contractor shall submit his
termination claim to the Engineer in the form and
with the certification'pres:zibed by tbe EngineeT.
Onless one ot more exttnsio�Q in Mzi�ing a:2
granted by the Owner upo� request of th�
Contractor, made in writing within such 60-3ay
period ar authorized extension tbereof, an;• and all
such claiins shall be conclusfvely deemed waiv�d.
C7-7 (11)
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equiteble adjustment of the pzice or prices
specified in the contract relating tc the continued
portion of the contract (the portion not tezminated
by the notice of tezmination), such equitable
adjustment as may be agreed upon shall be made in
6uch price or prices; nothinq contained herein,
howevez, shall limit the zight of the Ownez and the
Contractor to agzee upon the amount or amounts to
be paid to the Contractor for the completion of the
continued portion of the contzact when said
contract dces not contain an established contzact
price foz 6uch continued portion.
fl. NO LIMITATION OF �tIGHTS: Pothing contained in this
rection shall limit or alter thz rights which the
Ownez may have foz termination of this contzact
undez C7-7.1a hereof entitled •Su�pension of
Abandonment of the wozk and Amendment of Contzact•
oz any other zight which Owner may have f or default
or breach of contzact by Contractoz.
� C7-7.17 SAFETY i��'II PD�S AND PRA�Z' C'�S: The Contzactor shall be
�,j responsible for initiating, main�aining, and supervising all
saf ety precautions and proqrams in connection with the work at
� all times and ehall asbume all zesponsibilities foz their
enforcement.
The Contzactor shall comply vith federal, 6tate, and local
� lnws, ozdinances, and ze�ulationb so as to pzotect person and
pzopezty f rom injury, iacluding death, oz damage ia connection
- with the work.
�
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C7-7 (13)
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�ef ore its final acceptance by the Owner, (except as provided
in paraqraph CS-5.14) for all risks of whntevez descziption
connected with the prosecution of the work, for all expense
incurred by or in consequence of suspension or discontinuance
of 6uch pzosecution of the working operations as herei�
apecified, or any and all infringements of patents,
trademarks, copyrights, or othez legal zesezvations, ana for
�ampleteing the work in an acceptable mannez according to the
t+erms of the Contract Docurnent�.
The payment of any current or partial estimate prioz to final
acceptance of the Work by the Owmer shall ia no way constitute
an acknowledgment of the acceptance of the vork, materials, or
equipment, nor in any way prejudice or affect the obligations
of the Contzactor to repair, correct, renew, oz zeplace at his
own and propez expense any defect� or imperfections in the
construetioa or ia tbe �trengtb or quality oi the material
u�ed or equipment or machinery furniahed io or about the
construction of the vozk under contract and its appurtenances,
or any damaqe due oz attzibuted to such defects, vbicb
def ects, i mperfection, or damage shall have been diacovered on
or before the final iaspectioa a�d acceptance of vork or
during the one year quazanty peziod after final acceptance.
The Owner shall be the sole judge of such defects,
imperfectiocs, oz damage, aad the Contractor shall be lfable
to the Owaer foz failure to correct the same as pzovided
hereia.
C8-8.5 PARTIAL ESTSMATES �,ND RETAIN�►GE: BetMeen the lst aad
Sth day of each month the Coatractor �shall submit to tha
Enqineez a statemeat abowiaq ao estimate of the value of the
vork done during the pzevious moatb, oz estimate period nAdez
the Coatzaet Documents. iiot latez tban the lOth day oi the
month the Enqineer shall verify •uch estimate, aad if it is
f ound to be acceptable aad the value of Mork performed since
the last partial payment Mas made eacceeds ona hundrad dollazs
(S1 00.00) iA amount, 90• of auch eatimated aum will be paid to
the Contractor ii the total cootzact amount is less tban
S400,000, or 95i of •uch estimated oum vill be paid to the
Contractor if the total contzact amount is 5400,000 or qreater
Mithin twenty-five (25) days aiter the'regular estimate period.
The City will bave the option of prepaziag estiaatas oA forms
f urnished by the City. Tbe partial estimat� may iaclude
acceptable nonperishable material� delivered to the work Nhich
aze to be incorporated iato tbe vork� ar a permanent part
thereof, but which at the tbe time of the estimate have not
been installed. (such payment will be allowed on a basis of
85� of the net invoice value thereof.) The Contractor �hall
f urnish the Engineer such informatfon as he may request to aid
C8-8 (2)
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PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASLTREMENT AND PAYMENT
'^ C6-B.1 MEASOREMENT OF QOANTI IE : The determination of
quantities of vork performed by t�e �ontractoz and suthozized
by the Contract Documents acceptably completed under tbe tezms
of the Ccntract Docu�ents shall be made by the Engineer, based
� on measurements roade by the Engineer. These measuzeIDents will
be made according to the Dnited States Standard Measuzements
„� used in common practice, and will be the actual length, area,
solid contents, numbers, ana weiqht6 of the matezial6 and
� items installed.
CB-8.2 DNIT FRIC : f9hen in the Proposal a•Dait Price' is
set forth, the sa ���'Onit Price• ahall include the fuznishinq
by the Contractoz of all labor, tools, materials, machinery,
equipment, appliancea and appurtenances necessary f or the
construction of and the completion in a manner acceptable to
the Engineer of all vozk to be done undez these Contract
Documents.
The •Dnit Price` ihall include all permanent and tempozary
protection of overhead, suzface, aad undergzound ctructures,
cleanup, finiahed, overhead expense, bond, incuzance, patent
fees, zoyaltieE, risk due to the elements aAd othez cauaes,
delaya, profits, injuries, damages elaims, taxe�, aod all
other items not apecifically mentioned that may be required to
f ully constzuct each item of tbe +rozk complete in place aod in
a satisfactory co�ditioa for operation.
C8-8.3 LOMP SIIM: iihen ia the Proposal a•Lamp Sum• is set
torth, the �aid "Lump Sum' shall repreceat the total co�t�f oz
the Contractor to fazaisb all labor, tools, matezials,
machinezy, equipment, appurtenances, and all subsidary work
necessary for the con�truction aad completion of all the vozk
to provide a ccmplete and f unctional item a� detailed in the
Special Contract Document� and/or Plans.
C6-8.4 $COPE OF PAYMENT: The Contractoz shall zeceive and
accept tbe compensation, as hereiA provided, in fnll payment
for furnishing all labor, too16, matezials, and i�cidentals
for performiag all vork contemplated and embzaced n�dez these
Contract Documents, for all loss aad damage aricing ont of the
nature of the wozk or from the actioA of tbe element�, f oz any
unfozesee�� defecta or obstructione Mbich may azise or be
encountered during the prosecntioa of the vork at any time
�
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C8-8 (1) ''�'!���'��0 4`,� �`'��J��
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The amount of the final estimate, less pzevious payments and
any sum that have been deducted or retained under the
provisionc of the Contract Documents, will be paid to the
Contractor within 60 day� after final accep�ance by the Owner
on a pzoper zesolution of the City Councfl, provided the
Contractor has furnished to the Ownez satisfaetory evidence of
payment aa f ollows: Prior to submission of the final eatimate
f or payment, the Contractor shall execute an affidavit, as
f urnished by the City, certifying that all persons, firms,
association�, corporations, or other ozqanizations f urnishiag
labor and/oz materials have been paid in full, that the wage
scale established by the City Council in the City of Fort
i�orth has been paid, and that there are no elaims pending for
personal injury and/oz property damages.
The aeceptance by the Contractor of the last or fioal payment
as aforesaid shall operate a� and shall release the Owne= f zom
all claims oz liabilities under the Contzact for anythinq done
oz furnished or relatiaq to the vork under Contract Doeuments
or any act or neqlect of said City relatinq to ot connected
with the Contract.
The making of the final payment by the Owner shall not relieve
'ye Contractoz of any guaractees or othez zequiremeats of the
�ntract Documents vhich �pecifically continue thereafter.
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C8-8.9 �►DEQ �►CY OF DESIGN= It is understood that the OMmer �
believes i� �as employed competent Engineers and desiqnez� to
prepaze the Contract Documents aod all noaifieations of the �
approved Contract Documents. It is, therefore, aqzeed that "�!
Lhe Ownez shall be responsible for the adequacy of its ov►a ,�;
design featnres, �uffieieney of tiae Contract Documents, the
safety of the strueture, and the practieability of the ��
operation� of the completed project, provided the Contzactor
has complied vith the reqniremcnts of tbe said Contzact `�
Documents, all appzoved modifications thezeof, and additions
a nd altezations tbereto approved in rriting by the OMner. The �
burden of proof of such compliance shall be upon the
Coatractor to sDoW that he has complied vith the saia
requizements of tbe Contract Documeats, approved modifieatioas �
thereof, and all approved additions and alterations thereto.
C8-6.10 GENERAL GIIARANTYs peithet the final certificate of �
payment nor any provision ia the Contract Documents nor
partial or entire occupancy or use of tbe premises by the
Owner shall constitute an acceptance of work not done in �
accordance with the Contract Docnmenta or relieve the
Contractor of liability ia zespect to any express Narrantie� �
oz zesponsibility for faulty materials or �torkmanghin, The �_
Contractor shal�l remedy any defecta or damaqe� ,����� ,� �,��;�,� and
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C8-8 � 4 ) , ��o ���'�ir' �. , �
him as a guids in the verification or the prepazation of
partial estimates.
�
�:
It is understood that the partial estimate from month to month
will be approximate oaly, an8 all partinl monthly eatimates
and payment will be subject to correction in the estimate
rendered following the discovery of an error in any pzevious
estimate,and such estimate shnll not, in any zespect, be taken
as sn a8mission of the Owner of the amount of Work done or of
its quality of sufficiency, or as an acceptance of the wozk
done oz the release of the Contractor of any of his
zesponsibilities under the Contract Documents.
The City zeservec :he zight to vithbold the payment of any
monthly estimate if the contzactor f ai1S to perform the wozk
stzictly ia accordance with the specifieations or provisioa6
of thia contsact.
C8-B.6 WITEHQLDING PAYMENTs Payment on any estimate oz
estimates may be held io abeyaace if the pezfozmaace of the
construction opezations is not in accor�ance with the
requirements of the Contzact Documents.
C8-8.7 FINAL ACCEPTANCE: iPhenevez the improvements pzovided
toz by tbe Contract Doc�me�ts �hall have been completed and
all requizementc of the Contzact Document� ahall have been
fulfilled on the part of the Contractot, the Contractor shall
notify the Engineer in �rriting that the impzovements are ready
for the final iaspectioa. The Engiaeer �hall ootify the
appzopriate officials of the Owaez, Mill Mithin a rea�onable
time make cucb final i�apection, and if the vozk is
aatisfactory, ia ao acceptable coaditioo, and has been
completed in accotdance �ith the tezmc of the Contract
Documents and all approved modifications thereof, the l:nqineez
will initiate the pzocestiog of the fiaal estimate and
zecommend final acceptaace of tbe project aod final payment
tberefor as outlined in C8-8.8 below.
C8-8.8 FINAL PAYM t�T: Whenever all the impzovement� provided
toz by the Contrac� Documents and all appzoved modificatioa�
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contzactor, a final e�timate sddwinq tbe value of the vork
will be prepazed by tbe EAqineez a6 soon as the neceasary
measurements, computations, and checke caa be made.
Al l pri oz
subject to
payment.
es timates upon wbich payment has beea made are
necessazy cozrectioA� oz zevioioaa ia the final
C6-8 (3)
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pay foz any damage to other work resultinq thezefzom which
shall appear within e period of one year from the date of
final acceptance of the work unless a longez pezicd is
specifie8 andshall furnish a good and sufficient maintenance
bond in the amount of 100 percent of the amount of the
contract which ahall assure the perfozmance of the general
guazanty as above outline. The �wner will give notice of
observe� defects with reasonable pro�ptness.
C6-8.11 SUBSIDIARY WORR: Any and all wozk specificelly
governed by documentary requirements for the project, such as
conditions imposed by the Plans, the Gcneral Contract
Documents oz these Special Contract Documents, in which no
specific item for bid has been pzovided for in tbe Proposal,
shall be considered as a rubsidiary item of wozk, the cost of
which shall be included in the price bid in the Pzoposal, foz
each bid item. Surface re6toration, rock excavation and
cleanup are general items of Work which fall in the cateqory
of subsidiary work.
C8-8.12 MIS ELLANEQOS PLACEt�NT OF MATERIAL: Material may be
allocated un�er vazious bid items in the Proposal to establish
unit price6 for miscellaneous placement�of matetial. These
materials ehall be used only vhen dizected by the Engineez,
dependinq on field conditions. payment for miscellaneous
placement of materinl will be made foz only that amount of
material used, measured to the nearest one-tenth unit.
Payment for miscellaneoub placement of mattzia3 shall be in
accozdance with the General Contract Documents regardless of
the actual amouat u6ed for the project.
CB-8.13 R��ORD DOCUMENTS: Contractor shall keep on record a
copy of a 6peciiicaticns, plans, addenda, modifieations,
shop drawingb and 6amples at the site, in good ozdez and
annotated to show all ehanges made duzinq the con�tzuction
pz ocess. These shall be delivezed to Engineer upon completion
of the work.
C8-8 (5)
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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
D-29
D-30
D-31
D-32
D-33
D-34
D-3 5
D-36
D-37
D-38
PART D - SPECIAL CONDITIONS
TABLE OF CONTENTS
TABLE OF CONTENTS
General
Project Designation
Right To Audit
Project Signs
Purging and Sterilization of Water Lines
Wage Rates
Coordination with Fort Worth Water Department
Crossing of Existing Utilities
Existing Utilities
Exploratory Excavations
Concrete Sidewalk and Driveway Replacement
Crushed Limestone Backfill
Pavement Repair (E2-19)
Trench Safety System
Water Services
Removal, Salvage, and Abandonment of Existing Facilities
Valve Blocking
Ductile-Iron and Gray-Iron Fittings
Detectable Warning Tapes
Minority/Women Business Enterprise Compliance
Connection of Existing Mains
2-Inch Temporary Service Line
Bid Alternatives
Temporary Pavement Repair
Interpretation and Preparation of Proposal
Bonds (City Let Projects)
Barricades, Warnings and Flagmen
Disposal of SpoiUFill Material
Temporary Erosion, Sediment, and Water Pollution Control
Workers' Compensation Insurance
Trench Excavation, Backfill and Compaction
Samples and Quality Control Testing
Protection of Trees, Plants, and Soil
Partial Estimates and Retainage
Project Clean-up
Project Schedule
Protection of Existing Curb and Gutter
2:27 Concrete
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adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give contractor reasonable advance notice of
intended audits.
(b) Contractor further agrees to include in all its subcontracts hereunder a provision to the
effect that the subcontractor agrees that the City sha11, until the expiration of three (3)
yeazs after final payment under the subcontract, have access to and the right to examine
and photocopy any directly pertinent books, documents, papers and records of such
subcontractor, involving transactions to the subcontract, and further, that City shall
have access during normal working hours to all subcontractor facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article. City shall give subcontractor reasonable advance
notice of intended audits.
(c) Contractor and subcontractor agree to photocopy such documents as may be requested
by the City. The City agrees to reimburse the Contractor for the cost of copies as
follows:
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 page thereafter.
D-4 Proiect Si�ns:
Project Signs are required at all locations which will be under construction for more than
thirty (30) calendar days as indicated in Part B Proposal. Project Signs shall be in
accordance with Figure 30 (dated 8-28-89) of the General Contract Documents. The
signs may be mounted on skids or on posts. The exact locations and methods of
mounting shall be approved by the engineer. Any and all costs for the required materials,
labor, and equipment necessary for the furnishing of Project Signs shall be considered as
a subsidiary cost of the project and no additional compensation will be allowed.
D-5 Pur in and Sterilization of Water Lines:
Before being placed into service all newly constructed water lines shall be purged and
sterilized in accordance with E2-24 of the 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 appropriately sized "pipe cleaning pigs" and chlorinated lime (HTH)
shall be fixrnished 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 disposed of in the sanitary sewer system. Should a
sanitary sewer not be available, chlorinated water shall be "de-chlorinated" prior to
disposal. The line may not be placed in service until two successive sets of samples,
taken 24 hours apart, have met the established standards of purity.
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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, inshvctions,
drawings or deta.ils 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 furnished in a faithful manner as though
�` required by all.
The order or precedence in case of conflicts or discrepancies between various parts of the
Contract Documents subject to the ruling of the 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 project and shall govern over
any conflicts with the General Contract Documents under the provisions stated above.
D-2 Proiect Desi ng ation:
Construction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Water Project Number: PW53-060530175190
� D-3 �ht 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 t�is 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
1 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
��
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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, telephone
cables, utility services, water mains, sanitary sewer lines, electrical cables, drainage
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 shall be included in the cost bid per linear foot of pipe
installed. NO ADDITIONAL COMPENSATION WILL BE ALLOWED.
Where existing utilities or service lines are cut, broken or damaged, the Contractor shall
replace or repair the utilities or service lines with the same type of original material and
construction, or better, 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. T'he right is reserved to the owner of public utilities to enter upon the limits of
the project for the purpose of making such changes or repairs, of their property that may
be made necessary by performance of this contract.
D-10 Exuloratory Excavation�s:
In addition to those areas as�may be designated on the Drawings, it shall be the
Contractor's responsibil'ity to excavate and locate existing utilities which may affect
construction of the water and/or sewer facilities. All exploratory excavations shall
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.
D-11 Concrete Sidewalk and Drivewav Replacement:
At locations in the project where mains are required to be placed under existing sidewalks
and/or driveways, such sidewalks and/or driveways shall be completely replaced for the
full existing width, between existing construction or expansion joints with 3000#
concrete with reinforcing steel on a sand cushion in accordance with City of Fort Worth
Transportation/Public Works Department Standard Specifications for Construction, Item
504.
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Purging and sterilization of the water lines shall be considered as incidental to the project
and all 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 set forth herein have been
predetermined by the City Council of the City of Fort Worth, Texas, in accordance with
statutory requirements, as being the prevailing classifications and rates that shall govern
on all work 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).
D-7 Coordination with Fort Worth Water Denartment:
�During the construction of this project, it will be necessary to deactivate, for a period of
4 time, existing lines. The Contractor shall be required to coordinate with the Water
Department to determine the best times for deactivating and activating those lines.
�I D-8 Crossin� of Existin� Utilities:
Where a proposed water line crosses over a sanitary sewer or sanitary sewer service line
� andlor a proposed sewer line crosses over a water line and the clear vertical distance is
less than 9 feet barrel to barrel, the sanitary sewer or sanitary sewer service line shall be
made water tight or be constructed of ductile iron pipe. The required length of
� replacement shall be determined by the Engineer. The material for sanitary sewer mains
and sanitary sewer laterals shall be Class 51 Ductile Iron Pipe with polyethylene
� wrapping as specified in Material Standazd E1-6 contained in the General Contract
� Documents. The material for sanitary sewer service lines shall be extra strength cast iron
soil pipe with polyethylene wrapping as specified in the General Contract Documents.
Adapter fittings shall be a urethane or neoprene coupling A.S.T.M. C.-425 with series
300 Stainless Steei --
compression straps.
! Payment for work such as backfill, fittings, tie-ins and all other associated appurtenants
required, shali be included in the linear foot price of appropriate bid item.
�
D-9 Ezistin� Utilities:
� The plans 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 or for increasing the pay quantities in any manner whatsoever.
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of twelve (12) inches outside the trench wall nearest the center of the street to the gutter
�
line.
The pavement shall be replaced within a maximum of five (5) working days, providing
job placement conditions will permit repaving. If paving conditions aze not suitable for
repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible
date.
A permit must be obtained from the Department of Engineering's Permit Desk by the
Contractor in conformation with Ordinance No. 3449 andlor Ordinance No. 792 to make
utility cut in the street. City Inspectors will inspect the paving repair after construction
of each water and/or sanitary sewer main replacement.
D-14 Trench Safetv Svstem:
1. GENERAL: 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 Standazds, 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. TRENCHES: A trench is referred to as a narrow 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 ''
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.
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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 SYSTEIVI: Sloping means excavating to form sides of a trench that are
inclined away from the excavation.
D. SHIELD SYSTEM: Shields used in trenches aze 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 �"
permanent structures or can be designed to be portable and mo -
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� At locations where mains aze required to be placed under existing curb and gutter, such
curb and gutter shall be replaced to match type and geometry of the removed curb and
I""4 gutter and shall be installed in accordance with City of Fort Worth Public Works
� Department Standard Specification for Construction, Item 502.
Payment for cutting, backfill, concrete, forming materials and all other associated
appurtenants required, shall be included in the price bid.
� D-12 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
-, Item 208.2 Materials and Division 2 Item 208.3 Materials Sources. Trench backfill and
� compaction shall meet the requirements of E2-2 Excavation and Backfill of the General
Contract Documents and Specifications.
Payment for crushed limestone backfill in place shall be made at the unit price bid in the
Proposal 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 Pavement Renair (E2-19�:
(E2-19): The unit,nrice bid under the appropriate bid item of the proposal shall cover all
� cost for providing pavement repair equal to or superior in composition, thickness, etc., to
existing pavement as detailed in the Public Works Department typical sections for
� Pavement and Trench Repair for Utility cuts, Figures 1 through 5.
All required paving cuts shall be made with a concrete saw in a true and straight line on
� both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The
j,�t trench shall be backfilled and the top nine (9) inches shall be filled with required
materials as shown on paving details, compacted and level with the finished street
� surface. This finished grade shall be maintained in a serviceable condition until the
paving has been replaced. All residents' driveways shall be accessible at night and over
weekends.
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It has been determined by the Transportation and Public Works Department that the strip
of existing HMAC pavement between the existing gutter and the edge of the trench
pavement repair will not hotd up if such strip of existing pavement is two (2) feet or
less in width. ` ' ' ' �
Therefore, at the locations in the project where the trench wall is three (3) feet or less
from the lip of the existing gutter, the Contractor shall be required to remove the existing
paving to such gutter. The pavement repair shall then be made from a minimum distance
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the water service in the proposed location and receipt of a meter from the project �
inspector the contractor sha11 install the meter. The meter box shall be reset as necessary
to be flush with existing ground or as otherwise directed by the Engineer. All such work "'
on the outlet side of the service meter beyond five (5) feet shall be performed by a �
licensed plumber.
1. WATER SERVICE REPLACEMENTS: Water service replacement or relocation is '°°"
required when the existing service is lead or is too shallow to avoid breakage during ,,,,
street reconstruction. The contractor shall replace the existing service line with Type K �
copper from the main to the meter, curb stop with lock wings, and corporation stop.
�
Payment for a11 work and materials such as backfill, fittings, type K copper tubing, curb
stop with lock wings, service line adjustment, and any relocation of up to 12-inches from
center line existing meter location to center line proposed meter location shall be included �
in the Linear Foot price bid for Copper Service Line from Main to five (5) feet behind ,�
Meter. Any vertical adjustment of customer service line within the 5 foot area shall be
subsidiary to the service installation. �
Payment for all work and materials such as tap saddle (if required), corporation stops, and
fittings shall be included in the price bid for Service Taps to Main. ""�
2. WATER SERVICE RECONNECTION: Water service reconnection is required when
the existing service is copper and at adequate depth to avoid breakage during street
reconstruction. The contractor shall adjust the existing water service line as required for °w'
reconnection and furnish a new tap with corporation stop. The contractor will be paid for ,,,�
one (1) Service Tap to Main for each service reconnected plus for any copper service line
used in excess of five (5) feet from Main to five (5) feet behind the Meter. '^�
3. WATER SERVICE METER AND METER BOX RELOCATIONS: When the
replacement and relocation of a water service and meter box is required and the location of the
meter and meter bo�: is moved more than twelve (12) inches, as measured from the center line of ,
the existing meter location to center line of the proposed meter location separate payment will be
allowed for the relocation of service meter and meter box relocation Centerline is defined by a "'
line extended from the service tap through the meter. Only relocations made perpendicular to ,,,,,�
this centerline will be paid for separately. Relocations made along the centerline will be paid for ;
in feet of copper service line. �
When relocation of service meter and meter box is required payment for all work and materials
such as backfill, fittings, five (5) feet of type K copper service and all materials, labor, and
equipment used by and for the licensed plumber shall be included in the price bid for the service
meter relocation. All other costs will be included in other appropriate bid item(s).
This item will also be used to pay for all service meter and meter box relocations as required by
the Engineer when the service line is not being replaced. Adjustment of only the meter box and "�`
customer service line within 5 feet distance behind the meter will not justify separate payment at
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progresses. Shields can be either 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.
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-15 Water Services:
The relocation, replacement, or reconnection of water services will be required as shown
on the plans, and/or as described in these Special Contract Documents in addition to those
located in the field and identified by the Engineer.
All service's shall be constructed by the contractor utilizing approved factory
manufactured tap saddles (when required) and corporation stops, type K copper water
tubing, curb stops with lock wings, meter boxes, and if required approved manufactured
service branches. All materials used shall be as specified in the Material Standards (E 1-
17 & E 1-18) contained in the General Contract Documents.
All water services to be replaced shall be installed at a minimum depth of 36 inches
below final grade.
All existing 3/4-inch water service lines which aze to be replaced shall be replaced with 1-
inch Type K copper, 1-i�ch diameter tap saddle when required, and 1-inch corporation.
All services which are to be replaced or relocated shall be installed with the service main
tap and service line being in line with the service meter unless otherwise directed by the
Engineer.
A minimum of 24 hours advance notice shall be given when service interruption will be
required as specified in Section CS-5.15 INTERRUPTION OF SERVICE.
All water service meters shall be removed, tagged, and collected by the contractor for
pickup by the Water Department for reconditioning or replacement. After installation of
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grade. If water main is to remain active, the contractor will be required to plug water
service line at main.
2. SALVAGE OF EXISTING WATER METER AND CONCRETE VAULT LID:
Existing water meter and concrete vault lid sha11 be removed and returned to the Water
Department wazehouse by the contractor in accordance with Section E2-1.5 salvaging of
materials. The concrete vault shall be dem4lished in place to a point not less than 18-
inches below final grade. The concrete yault shall then be backfilled and compacted in
accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill
material shall be suitable excavated material approved by the Engineer. Surface
restoration shall be compatible with existing surrounding surface and grade.
3. SALVAGE OF EXISTING FIRE HYDRANTS: Existing fire hydrants shall be
removed and returned to the Water Department warehouse by the contractor in
accordance with Section E2-1.5 Salvaging of Materials. The void shall be backfilled and
compacted in accordance with backfill method as specified in Section E2-2.9 Backfill.
Backfill material shall be suitable excavated material approved by the Engineer. Surface
restoration shall be compatible with existing surrounding surface and grade.
4. SALVAGE OF EXISTING GATE VALVE: Existing gate valve and valve box and lid
shall be removed and returned to the Water Department warehouse by the contractor in
accordance with Section E2-1.5 Salvaging of Materials. The void area caused by the
Valve removal shall be backfilled and compacted in accordance with backfill method as
specified in Section E2 2.9 Backfill. Backfill material shall be suitable excavated material
approved by the Engineer. Surface restoration shall be compatible with existing
surrounding surface and grade. If the valve is in a concrete vault the vault shall be
demolished in place to a point no less than 18" below final grade.
5. ABANDONMENT OF EXISTING GATE VALVE: Existing gate valve and box lid
shall be abandoned by first closing the valve to the fully closed position and demolishing
the valve box in place to a point not less than 18-inches below final grade. Concrete
shall then be used as backfill material to match existing grade.
6. ABANDONMENT OF EXISTING VAULTS: Vaults to be demolished in place shall
have the top slab and lid removed and vault walls demolished to a point not less than 18"
below final grade. The void area caused shall then be backfilled and compacted in
accordance with backfill method as specified in Section E2-2.9 Backfill. Backfill
material shall be suitable excavated material approved by the Engineer. Surface
restoration shall be compatible with the existing surrounding surface and grade.
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7. ABANDONMENT OF MANHOLES: Manholes to be demolished in place shall have
all pipes entering or existing the structure plugged with lean concrete. Manholes tops or
cone section shall be removed to the top of the full barrel diameter section or to point not
less than 18-inches below final grade. 'The structure shall then be backfilled and
compacted in accordance with backfill method as specified in Section E2-2.9 Backfill.
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� any time. Locations with multiple service branches will be paid for as one service meter and
meter box relocation.
4. NEW SERVICE: When new services aze required the contractor shall install tap
saddle (when required), corporation stop, type K copper service line, curb stop with
lock wings, and meter box.
Payment for all work and materials such as backfill, fittings, type K copper tubing, and
� curb stop with lock wings shall be included in the Linear Foot price bid for Service Line
��� from Main to Meter five (5) feet behind the meter.
Payment for all w�rk and materials such as tap saddle, corporation stops, and fittings
shall be included in the price bid for Service Taps to Mains.
�
� Payment for all work and materials such as furnishing and setting new meter box shall be
included in the price bid for furnish and set meter box.
� 5. MLJLTIPLE SERVICE BRANCHES: When multiple service branches are required
the contractor shall furnish approved factory manufactured branches.
Payment for multiple service branches will include furnishing and installing the multiple
service branch only and all other cost will be included in other appropriate bid item(s).
6. MULTIPLE STREET SERVICE LINES TO SINGLE SERVICE METER: Any
multiple service lines with taps servicing a single service meter encountered during
construction shall be replaced with one service line that is applicable for the size of the
existing service meter and approved by the Engineer.
Payment shall be made at the unit bid price in the appropriate bid item(s).
� D-16 Removal, Salva�e, and Abandonment of Existin� Facilities:
Any removal, salvaging and/or abandonment of existing facilities will necessarily be
required as shown on the plans, and/or described in these Special Contract Documents in
� addition to those located in the field and identified by the Engineer. This work shall be
done in accordance with Section E2-1.5 Salvaging of Material and E2-27 Removing Pipe,
� of the General Contract Documents and Specifications unless amended or superseded by
requirements of this Special Condition.
� 1. SALVAGE OF EXISTING WATER METER AND METER BOX: Existing water
meter and meter box shall be removed and returned to the Water Department warehouse
by the contractor in accordanc� with Section E2-1.5 salvaging of materials. Backfill
�"�` material for the void meter box shall be suitable excavated material approved by the
`'� Engineer. Surface restoration shall be compatible with existing surrounding surface and
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D-18 Ductile-Iron and Grav-Iron Fittin�s:
Reference Part E2 Construction Specifications, Section E2-7 Inst�lling Cast Iron Pipe,
Fittings, and Specials, Sub section E2-7.11 Cast Iron Fittings: the first Paragraph shall be
revised to read as follows:
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 E 1-7. 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 be included in bid items for valves and fittings and no other payment will be
allowed. "
D-19 Detectable Warning Tapes:
Detectable underground utility warning tapes which can be located from the surface by a
pipe detector shall be insta.11ed directly above non-metallic water or sanitary sewer pipe.
The detectable tape shall be "Detect Tape" manufactured by Allen Systems Inc. or
approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil
encased in a protective inert plastic jacket that is impervious to all known alkalis, acids,
chemical reagents and solvents found in the soil. The minimum overall thickness of the
tape shall be 5.5 mils. and the width shall not be less than 2" inches with a minimum unit
weight of 2-1/2 pounds/1 "/1000'. The tape shall be color coded and imprinted with the
message as follows:
Tvne of Utilitv
Color Code
Le�ends
Water
Sewer
Safety Blue
Safety Green
Caution Buried Water Line Below
Caution Buried Sewer Line Below
Installation of detectable tapes shall be per manufacturer's recomrnendations and shall be
as close to the grade as is practical for optimum protection and detectability. Allow a
minimum of 18" inches between the tape and the pipe. Payment for work such as
backfill, bedding, blocking, detectable tapes and all other associated appurtenances
required shall be included in the linear foot price bid of the appropriate BID ITEM(S).
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� Backfill material may be either clean washed sand of clean, suitable excavated material
approved by Engineer. Surface restoration shall be compatible with surrounding surface.
� Payment for work involved in backfilling, plugging of pipe and all other appurtenant
' required, shall be included in the appropriate bid items).
� 8. REMOVAL OF MANHOLES: Manholes to be removed shall have all pipes entering
or exiting the structure disconnected. The complete manhole including, top or Cone
� Section, all full barrel diameter section and base section shall be removed. The
excavation shall then be backfilled and compacted in accordance with backfill method as
specified in Section E2-2.9 Backfill. Backfill material may be with Type C Backfill or
� Type B Backfill as approved by the Engineer. Surface restoration shall be compatible
� with surrounding surface.
9. CUTTING AND PLUGGING OF EXISTING MAINS: At various locations on this
project it may be required to cut, plug and block existing water mains/services or sanitary
sewer mains/services in order to abandon these lines. Cutting and plugging existing
mains and/or services shall be considered incidental and all costs incurred will be
considered to be included in the linear foot bid price of the pipe, unless separate trenching
is required.
'� 10. REMOVAL OF EXISTING PIi'E: Where removal of the existing pipe is required. It
� shall be the Contractor's responsibility to properly dispose of all removed pipe. All
removed valves, fire hydrants, and meter boxes shall be delivered to Water Department
� Field Operations, Storage Yard.
' 11. PAYMENT: Payment for all work and material involved in salvaging, abandoning
andlor removing of existing facilities shall be included in the linear foot bid price of the
� pipe except as follows: Separate payment will be made for removal of all Fire Hydrants,
� Gate Valves 16-inch and laz er and Sani
g, tary Sewer Manholes regardless of location.
Payment will be made for salvaging, abandoning and/or removing of all other existing
facilities when said facility is not being replaced in the same trench, i.e., when removal
� requires a sepazate trenching operation.
D-17 Valve Blockin�:
All valves shall have c�ncrete blocking for support. Valves shall have polyethylene
wrapping per Material Specification E1-13 and Construction Specification E2-13
installed prior to concrete blocking. No sepazate 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.
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the building owners and the Engineer in order that tlie work be performed in an �
expeditious manner. Severed water service must be reconnected within 2 hours of
discontinuance of service. ",
A 2-inch tapping saddle and 2-inch corporation stop or 2-inch gate valve with an
appropriate fire hydrant adapter fitting shall be required at the temporary service point of
connection to the City water supply. The 2-inch temporary service main and 3/4-inch
service lines shall be installed in accordance to the attached figures 1, 2 and 3. 2"
temporary service line shall be cleaned and sterilized by using chlorine gas or chlorinated
lime (HTH) prior to installation. � '
A two-inch meter will be furnished by the Water Department Meter Shop and installed by , '
�.�
the Contractor at its point of connection to the City water supply for record keeping
purposes only. T'he out-of-service meters shall be removed, tagged and collected by the �
Contractor for delivery to the Water Department Meter Shop for reconditioning or �
replacement. Upon restoring permanent service, the Contractor shall re-install the meters
at the correct location. The meter box shall be reset as necessary to be flush with the �
existing ground or as otherwise directed by the Engineer. ;,�
The temporary service layout sha11 have a minimum available flow rate of 5 GPM at a "1
dynamic pressure of 35 PSI per service tap. This criteria shall be used by the Contractor r
to determine the length of temporary service allowed, number of service taps and number
of feed points. �
.�
When the temporary service is required for more than one location the 2-inch temporary
service pipes, 3/4-inch service lines and the 2-inch meter shall be moved to the next �
successive project location.
Payment for work such as fittings, 3/4-inch service lines, asphalt, barricades, all service
connections, removal of temporary services and all other associated appurtenants
required, shall be included in the appropriate bid item.
D-23 Bid Alternatives: �*.
The Proposal section of this documents is arranged to allow the Contractor to base his bid ..
on either ductile iron pipe or polyvinyl chloride plastic pipe. Contractor shall indicate
type of pipe to be used. However regardless of the general type pipe specified by the
Contractor at certain locations a specific type pipe has been specifed on the plans. All �
cost for this shall be considered as subsidiary and no additional compensation will be
allowed. �
D-24 Temnorary Pavement Renair:
The Contractor shall provide a temporary pavement repair immediately after trench
backfill and compaction using a minimum of 2-inch hot or cold mix asphalt ov��,�,
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� D-20 Minoritv/Women Business Entetrorise Comnliance:
Reference Part C(General Conditions), Section C3-3.2 Entitled "MINORITY
� BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE
COMPLIANCE" shall be deleted in its entirety and replaced with the following:
� Upon request, Contractor agrees to provide to Owner complete and accurate information
regazding actual work performed by a Minority Business Enterprise (MBE) and/or a
� Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor
further agrees to permit a� audit and/or examination of any books, records or files in its
possession that will substantiate the actual work performed by an MBE andlor WBE.
� The misrepresentation of facts (other than a negligent misrepresentation) andlor the
, commission of fraud by the Contractor will be grounds for termination of the contract
and/or initiating action under appropriate federal, state or local laws or ordinances
�' relating to false statements; further, any such misrepresentation (other than negligent
irll 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.
� D-21 Connection of Existin Mains:
"� The Contractor shall determine the exact location, elevation, configuration and angulation
� 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 Contxactor shall notify Mr. Joseph Gagliardi,
� Manager, Construction Services, Phone 871-8648, at least 48-hours prior to the required
shut down time. �'I'he 'Contractor's attention is directed to Paragraph CS-5.15
INTERRUPTION OF SERVICE, Page CS-5(5), PART C- GENERAL CONDITIONS
OF THE WATER DEPARTMENT GENERAL CONTRACT DOCUMENTS AND
GENERAL SPECIFICATIONS. The Contractor shall notify the customer both
�i personally and in writing as to the location, time, and schedule of the service interruption.
The cost of removing any existing concrete blocking shall be included in the cost of
� connection. Unless bid separately all cost incurred shall be included in the linear foot
price bid for the appropriate pipe size.
D-22 2-Inch Temporary Service Line:
�y The 2-inch temporary service main and 3/4-inch service lines shall be installed to provide
,; temporary water service to all buildings that will necessarily be required to have severed
water service during said work. The contractor shall be responsible for coordinating the
'�+ schedule of the tempora,�y service connections and permanent service reconnections with
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1. Pg. C3-3(3); the paragraph after pazagraph C3-3.7d--Other Bonds should be revised �-
to read: No surety will be accepted by the Owner which are at the time in default or ,
delinquent on any bonds or which are interested in any litigation against the Owner. All "�.
bonds shall be made on the forms furnished by the Owner and the surety shall be `"
acceptable to the Owner. In order for a surety to be acceptable to the City, (1) the name
of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties
[Circular 870], or (2) the surety must have capital and surplus equal to ten times the '
amount of the bond. The surety must be licensed to business in the state of Texas. The
amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth
,�;
(1/10) of the total capital and surplus. If reinsurance is required, the company writing the
reinsurance must be authorized, accredited, or trusted to do business in Texas.
�
2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subpazagraph a.
COMPENSATION INSURANCE.
�
3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL
AGENT FOR INSURANCE AND BONDING. �
D-27 Barricac�es, �Varnin�s and Flagmen:
Reference Part C- General Conditions, Section C6-6.8 BARRICADES, WARNINGS
AND WATCHMEN:
1. Wherever the word Watchmen appears in this paragraph, it shall be changed to the
word flagmen.
2. In the first paragraph, lines five (5) and six (6), change the phrase take a11 such other
precautionary measures to take all reasonable necessary measures.
D-28 Disnosal of SnoiUFill Material:
Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of I
the Department of Engineering, acting as the City of Fort Worth's Flood Plain
Administrator ("Administrator"), of the location of all sites where the contractor intends P
to dispose of such mate�ial. Contractor shall not dispose of such material until the �;
proposed sites have been cletermined by the Administrator to meet the requirements of the
Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 11517). All disposal
sites must be approved by the Administrator to ensure that iilling is not occurring within �
a flood plain without a permit. A flood plain permit can be issued upon approval of
necessary engineering studies. No fill permit is required if disposal sites are not in a �
flood plain. Approval of the contractors disposal sites shall be evidenced by a letter �
signed by the Administrator stating that the site is not in a known flood plain or by a ,
Flood Plain Fill Permit authorizing fill within 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
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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
remove the spoiUfill material at its expense and dispose of such materials in accordance
with the Ordinances of the City and this section.
D-29 Temnorary Erosion. Sediment, and Water Pollution Control:
1 DESCRIPTION: This item shall consist of temporary soil erosion sediment and water
pollution control measures deemed necessary by the Engineer for the duration of the
contract. These control measures shall at no time be used as a substitute for the
permanent control measures unless otherwise directed by the Engineer and they shall not
include measures taken by the CONTRACTOR to control conditions created by his
construction operations. The temporary measures shall include dikes, dams, berms,
sediment basins, fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch,
plastic liners, rubble liners, baled-hay retar�is, dikes, slope drains and other devices.
! 2. CONSTRUCTION REQUIREMENTS: The Engineer has the authority to define
erodible earth and the authority to limit the surface area of erodible-earth material
exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-
' earth material exposed by excavation, borrow and to direct the CONTRACTOR to
provide temporary pollution-control measures to prevent contamination of adjacent
1 streams, other water courses, lakes, ponds or other areas of water impoundment. Such
work may involve the construction of temporary berms, dikes, dams, sediment basins,
slope drains and use of temporary mulches, mats seeding or other control devices or
methods directed by the Engineer as necessary to control soil erosion. Temporary
pollution-control measures shall be used to prevent or correct erosion that may develop
during construction prior to installation of permanent pollution-control features, but are
not associated with permanent control features on the project.
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The Engineer will limit the area of preparing right of way, clearing and grubbing,
excavation and borrow to be proportional to the CONTRACTOR'S capability and
progress in keeping the finish grad;�g, mulching, seeding, and other such permarient
pollution-control measures current in accordance with the accepted schedule. Should
seasonal conditions make such limitations unrealistic, temporary soil-erosion-control
measures shall be performed as directed by the Engineer. The amount of surface area of
erodible-earth material exposed at one time shall not exceed 750,000 squaze feet for each
excavation operation, 750,000 square feet for each material sowce operation (other than
from commercially operated sources), 750,000 square feet for each preparing of right-of-
way operation or 750,000 square feet for each clearing and grubbing operation, unless
otherwise shown on the plans or with prior approval by the Engineer in writing.
The CONTRACTOR shall also conform to the following practices and controls. All
labor, tools, equipment and incidentals to complete the work will not be paid for directly
but shall be considered as subsidiary work to the various items included in the contract.
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5. The contractor shall obtain from each person providing
services on a project, and provide to the City:
(a) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have an file certificates of coverage showing
coverage for.all persons providing services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
6. The contractor shall retain all required certificates of coverage for the duration of the
project and for one yeaz 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 sha11 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 ori 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 classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(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 all 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:
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�� from such subcontractor stating that the subcontractor has a policy of workers
compensation insurance covering each employee employed on the project. Contractor
� will not permit any subcontractor to perform work on the project 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 cove�age ("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.
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 providing services on the project ("subcontractor" in section 406.096)-
� includes all persons or entities performing all or part of the services the contractor has
� undertaken to perform on the project, regardless of whether that person contracted
� directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
� employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
�"1 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.
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 requirements 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 perioii shown orr the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
'"" period, file a new certificate of coverage with the City showing that coverage has been
� extended.
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"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
labor or transportation or other service related to the project, regardless of the identity of
their employer or status as an employee".
"Call the Texas Worker's Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage.
D-31 Trench Excavation, Backfill and Comnaction
Trench excavation and backfill under parking lots, driveways, gravel surfaced roads,
within easements, and witl�in existing or future R.O.W. shall be in accordance with
Sections E1-2 Backftll and E2-2 Excavation and Backfill of the General Contract
Documents and Specifications except as specified herein.
1. TRENCH EXCAVATION: In accordance with Section E2-2 Excavation and Backfill,
if the stated maximum trench widths are exceeded, either through accident or otherwise,
and if the Engineer determines that the design loadings of the pipe will be exceeded, the
Contractor will be required to support the pipe with an improved trench bottom. The
expense of such remedial measures shall be entirely the Contractor's own. All trenching
operations shall be confined to the width of permanent rights-of-way, permanent
easements, and any temporary construction easements. All excavation shall be in strict
compliance with the Trench Safety Systems Special Condition of this document.
2. TRENCH BACKFILL: Trenches which lie outside of existing or future pavement
shall be backfilled above the top of the embedment material with Type "C" backfill
material. Excavated material used fQr Typ� "C" backfill must be mechanically
compacted unless the Contractor can furnish the Engineer with satisfactory evidence that
the P.I. of the excavated material is less than 8. Such evidence shall be a test report from
an independent testing laboratory and must include representative samples of soils in all
involved areas, with a map showing the location and depth of the various test holes. If
excavated material is obviously granular in nature, containing little or no plastic material,
the Engineer may waive the test report requirement. See E 1-2.3, Type "C" or "D"
Backfill, and E2-2.11 Trench Backfill for additional requirements. When Type "C" back-
fill material is not suitable, at the direction of the Engineer, Type "B" backfill material
shall be used. In general, all backfill material for trenches in existing paved streets shall
be in accordance with Figure(s) A, B, C, or D. Sand material specified in Figure(s) A-D
shall be obtained from an approved source and shall consist of durable particles free of
thin or elongated pieces, lumps of clay, soil, loam or vegetable matter and shall meet the
following gradation:
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(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(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;
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(e) retain all required certificates of coverage on file for the duration of the
project and for one yeaz thereafter.
( fl notify the City in writing by certified mail or personal delivery, within ten
(10) days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on
the project; and
(g) contractually require each person with whom it contracts, to perform as
� 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 duration of the project, that the coverage will be based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements
will be filed with the appropriate insurance carrier or, in the case of a self-insured, with
the Texas Worker's Compensation Commission's Division of Self-Insurance 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 failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the City to declaze 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 C�mpensation 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 title in at least 30
point bold type and text in at least 19 point normal type, and shall be in both English and
Spanish and any other language common to the worker population. The text for the
notices shall be the following text, without any additional words or changes:
REQUIRED WORKER'S COMPENSATION COVERAGE
D-21
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b. Tests of the design concrete mix shall be made by the Contractor's laboratory at least
nine days prior to the placing of concrete using the same aggregate, cement, and
mortar which are to be used later in the concrete. The Contractor shall provide a
certified copy of the test results to the City.
c. Quality control testing of in-place material on this project will be performed by the
City at its own expense. Any retesting required as a result of failure of the material to
meet project specifications will be at the expense of the Contractor and will be billed at
commercial rates as determined by the City. The failure of the City to make any tests of
materials shall in no way relieve the Contractor of his responsibility to furnish materials
and equipment conforming to the requirements of the contract.
d. Not less than 24 hours notice shall be provided to the City by the Contractor for
operations requiring testing. The Contractor shall provide access and trench safety
system (if required) for the site to be tested, and any work effort involved is deemed to be
included in the unit price for the item being tested.
e. The Contractor shall provide a copy of the trip ticket for each load of fill material
delivered to the job site. The ticket shall specify the name of the pit supplying the fill
material.
D-33 Protection of Trees. Plants, anc� Soil:
All property alorig and ad�acent to the Contractor's operations including lawns, yards,
shrubs, trees, etc. shall be preserved or restored, after completion of the work, to a
condition equal to or better than existed prior to the start of work.
By ordinance, the Contractor must obtain a permit from the City Forester before any
work (trimming, removal, or root pruning) can be done on trees or shrubs growing on
public property including street Rights-of-Ways and designated alleys. This permit can
be obtained by calling the Forestry Office at 871-5738. All tree work shall be in
compliance with pruning standards for Class II Pruning as described by the National
Arborist Association. A copy of these standards can be provided by calling the above
number. Any damage to public trees due to negligence by the Contractor shall be
assessed using the current formula for Shade Tree Evaluation as defined by the
International Society of Arboriculture. Payment for negligent damage to public trees
shall be made to the City of Fort Worth and may be withheld from funds due the
Contractor by the City.
To prevent the spread of the Oak Wilt fungus, all wounds on LiVe Oak and Red Oak trees
shall be immediately sealed using a commercial pruning paint. This is the only instance
when pruning paint is recommended.
No separate payment will be made for any of the work involved for this item and all costs
incurred will be considered a subsidiary cost of the project.
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# 16 0-20
#50 0-50
# 100 60-95
#200 90-100
(P.I. = 8 or less)
3. TRENCH COMPACTION: All trench backfill shall be placed in lifts per E2-2.9
Backfill. Trenches which lie outside existing or future pavements shall be compacted to a
minimum of 90% Standard Proctor Density (A.S.T.M. D698) by means of tamping only.
Trenches which lie under existing or future pavement shall be backfilled per Figure A
with 95% Standard Proctor Density by jetting, mechanical tamping, or a combination of
methods. Backfill material to be mechanically tamped must be within +-4% of its
optimum moisture content. The top two (2) feet of sewer line trenches and the top
eighteen (18) inches of water line may be rolled in with heavy equipment tires, provided
it is placed in lifts appropriate to the material being used and the operation can be
performed without damage to the installed pipe.
The City, at its own expense, will perform trench compaction tests per A.S.T.M.
standards on all trench backfill. Any retesting required as a result of failure to compact
the backfill material to meet the standards will be at the expense of the Contractor and
will be billed at the commercial rates as determined by the City. These soil density tests
shall be performed at two (2) foot vertical intervals beginning at a level two (2) feet
above the top of the installed pipe and continuing to the top of the completed backfill at
intervals along the trench not to exceeci 3001ineaz feet. The Contractor will be
responsible for providing access and trench safety system to the level of trench backfill to
be tested. No extra compensation will be allowed for exposing the backfill layer to be
tested or providing trench safety system for tests conducted by the City.
4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B"
� backfill, and labor costs of excavation and backfill will be included in the price bid per
linear foot of water and sewer pipe.
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D-32 Samnles and Oualitv Control Testin�:
a. The Contractor shall furnish, at his own expense, certifications by a private laboratory
for a11 materials proposed to be used on the project, including a mix design for any
asphaltic and/or Portland cement concrete to be used, and gradation analysis for sand and
crushed stone to be used along with the name of the pit from which the material was
taken. The Contractor shall provide manufacturer's certifications for all manufactured
items to be used in the project and will bear any expense related thereto.
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necessary, clean-up shall be done on a daily basis. Clean up work shall include, but not
be limited to:
Sweeping the street clean of dirt or debris
Storing excess material in appropriate and organized manner
Keeping trash of any kind off of residents' property
If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the
next estimate payment (and all subsequent payments until completed) of the appropriate
bid item(s) will be reduced by 25%.
D-36 Proiect Schedule:
Contractor shall be responsible for producing a project schedule at the pre-construction
conference. This schedule shall detail all phases of construction and allow the contractor
to complete the work in the allotted time. Contractor will not move on to the jobsite nor
will work begin until said schedule has been received and approval secured from the
Construction Engineer. However, contract time will start even if the project schedule has
not been turned in. Project schedule will be updated and resubmitted at the end of every
estimating period. All costs involved with producing and maintaining the project
schedule shall be considered subsidiary to this contract.
D-37 Protection of Existin� Curb and Gutter:
On projects where water services aze to be replaced but the street is not scheduled for a
full reconstruction, the Contractor shall not dishub the existing curb and gutter. Water
services shall be installed using a"gopher" or similar means that will not disturb the
existing curb and gutter. If the existing curb and gutter is damaged, it shall be replaced at
the Contractor's expense to the nearest construction joint in either direction.
No separate payment will be made for work and materials necessary to protect the
existing curb and gutter and all costs incurred will be considered to be subsidiary to the
contract.
D-38 2:27 Concrete:
Transportation and Public Works Department typical Sections for Pavement and Trench
Repair for Utility Cuts Fig's 1 through 5 refer to using 2:27 Concrete as base repair.
Since this call-out incluc�es the word "concrete", the consistent interpretation of the
Transportation Public Works Department is that this ratio specifies two (2) sacks of
cement per cubic yard of concrete. With the exception of the cement content, all other
requirement shall meet or exceed Transportation and Public Works Department
standard specification Item 406 Class D Concrete.
D-26
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�D-34 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 aze 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
�i► 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%).
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� Contractor shall pay subcontractors in accord with the subcontract agreement within five
(5) business days after receipt by Contractor of the payment by City. Contractor's failure
� to make the required payments to subcontractors will authorize the City to withhold
future payments from the Contractor until compliance with this paragraph is
accomplished.
,� It is understood that the partial pay estimates will be approximate only, and all partial pay
estimates and payment of same will be subject to correction in the estimate rendered
"''! following the discovery of the mistake in any previous estimate. Payment of any partial
ir� 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.
The City reserves.the right to withhold the payment of any partial estimate if the
� Contractor fails to perform the work in strict accordance with the specifications or other
provisions of this Contract.
D-35 Proiect Clean-un:
� The Contractor shall be aware that keeping the project site in a neat and orderly condition
� is considered an integral part of the contracted work and as such shall be considered
subsidiary to the appropriate bid items. Clean up work shall be done as directed by the
'�, Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is
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8. No excavated materials, backfill materials, equipment, or supplies shall be stored
within floodways or drainage easements.(reference C6-6.6 GCD)
9. Trenches which lay outside existing or future pavements shall be backfilled above the
top of the embedment with Type "C" backfill material. When Type "C" backfill
material is not suitable, at the direction of the Engineer, Type "B" material shall be
used. All backfill material shall be compacted to a minimum of 90% proctor density
by means of tamping only. Trenches which cross under existing or future pavement
shall be backfilled per Fig. "A" with 95% proctor density by jetting, tamping, or a
combination of such methods.
lO.Rim elevations of the proposed sanitary sewer manholes in repaved streets are shown
as final finished grades in these plans. They shall be constructed to 15" below final
finished grade by utility contractor and adjusted by paving contractor in accordance
with Fig. M of the special contract documents. Concrete collars shall be installed
where indicated on the plans per Fig. 121 of the special contract documents. Manhole
inserts shall be installed in all standazd four foot and standard four foot drop access
manholes per E-100-4 of the special contract documents. Standard four foot diameter
manholes shall be in accordance with section E2A, Fig. 103 and Fig. 104 GCD,
standard four Foot drop access manholes per Fig. 107 GCD, and shallow manholes per
Fig. 106 GCD.
11.The top of the water lines shall be a minimum of 3'-6" below the top of the curb for
12" and smaller mains except where otherwise shown on these plans.
12.A11 water meters shall be placed or relocated 3'-0" behind the face of the proposed
curb or as directed by the Engineer.
13.A11 existing water services shall be replaced with 1" minimum copper tubing unless a
larger size is indicated on the plans. Corporation stops shall be fully opened prior to
trench backfill. Curb stops with lock wings shall be tested for full flow when the
system is pressure tested.
Extend 1" water seivices to those lots where no water services have been extended to.
Locate these services at normal locations or as directed by the Engineer.
a.The normal location of water service lines shall be 5' east or north of the center of
the property frontage.
b.For 40' or less lot frontage, all water services shall be placed 18" from the east or
south property line.
14.A11 sanitary sewer services encountered shall be replaced to the property line as
directed by the Engineer.
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GENERAL CONSTRUCTION NOTES
1. Applicable design and details shall conform to "General Contract Documents and
Specifications for Water Department Projects" (GCD) effective July 1, 1978, with the
latest revisions.
2. All horizontal blocking, cradle blocking, and vertical tie-down blocking to be in
accordance with Fig.(s) 9, 10, and l lof the GCD.
3. Fire hydrants shall be located a minimum of 3'-0" behind the face of curb per Fig
GCD.
4. All gate valve installations for sizes up to 12" are to be per Fig. 3 GCD and sizes 16"
and larger Fig. 4 GCD.
5. The proposed water and/or sewer mains at times will be laid close to other existing
utilities and structures both above and below the ground. The contractor shall make
necessary provisions for the support and protection of all utility poles, fences, trees,
shrubs, gas mains, telephone cables, TLT cables, drainage pipes, utility services, and all
other utilities and structures both above and below the ground during construction. It
is the contractor's responsibility to notify all utility owners prior to any construction in
the area and verify the actual location of all buried utilities that may or may not be
shown on the plans. The contractor shall preserve and protect all underground and
overhead facilities and be responsible for any damage he may cause to them.
The Contractor shall contact the following @ least 48 hours prior to excavating at each
location:
Fort Worth Water Department Field Operations
Fort Worth Transportation & Public Works
Light and Signal Division
Lone Star Gas Company
Texas Utility Service Company
Southwestern Bell Telephone Company
Texas One Call-Fiber Optics Location
(MCI, AT&T, Sprint, etc.)
Marcus Cable T.V.
871-8296
f:�►%�:�III�7
Metro (214) 263-3444
336-2328
Enterprise 9800
1-800-245-4545
737-4731
6. Contractor shall verify the elevation, configuration, and angulation of existing line
� prior to construction of tie-in materials. Such verification shall be considered as
subsidiary cost of project and no additional compensation will be allowed. Elevation
� adjustments at connections may be made with bends, offsets, or joint deflections. All
,; nonstandard bends shall be made using the closest standard M.J. fittings with the
required joint deflections.(deflections not to exceed manufacturer's deflection per joint)
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7. Contractor shall keep at least one lane of traffic open at all times d ng�e��.�'«�.,1:...�
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and access to all places of business and residence at all times.(refe#e���,��Q�l�`:'���
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CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 1999
CLASSIFICATION
�'I�AGON-DRILL, BORING MACHINE
REINFORCING STEEL SETTER-PAVING
REINFORCING STEEL SETTER-STRUCTURES
STEEL WORKER-STRUCTURAL
SPREADER BOX OPERATOR
WORK ZONE BARRICADE
TRUCK DRIVER-SINGLE AXLE LIGHT
TRUCK DRIVER-SINGLE AXLE HEAVY
TRUCK DRIVER-TANDEM AXLE SEMI TRAILER
TRUCK DRIVER-LOWBOY/FLOAT
TRUCK DRIVER-TRANSIT MIX
TRUCK DRIVER-WINCH
VIBRATOR OPERATOR-HAND TYPE
Vl'ELDER
HOURLY RATE
12.00
13.21
13.31
14.80
10.00
7.32
8.965
9.02
8.77
10.44
9.47
9.00
7.32
11.57
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II Uo �'J ��'`I ° U 119 ��No
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CITY OF FORT WORTH
HIGHWAY CONSTRUCTION
PREVAILING WAGE RATE FOR 1999
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CLASSIFICATION
AIR TOOL OPERATOR
ASPHALT RAKER
ASPHALT SHOVELER
BATCHING PLANT WEIGHER
CARPENTER
CONCRETE FINISHER-PAVING
CONCRETE FINISHER-STRUCTURES
CONCRETE RUBBER
ELECTRICIAN
FLAGGER
FORM BUILDER-STRUCTURES
FORM LINER-PAVING & CURB
FORM SETTEK-PAVING & CURB
FORM SETTER-STRUCTURES
LABORER-COMMON
LABORER-UTILIT`Y
MECHANIC
OILER
SERVICER
PAINTER-STRUCTURES
PIPE LAYER
BLASTER
ASPHALT DISTRIBUTOR OPERATOR
ASP}-IALT PAVING MACHINE
BROOM OR SWEEPER OPERATOR
BULLDOZER
CONCRETE CURING MACHINE
CONCRETE FINISHING MACHINE
CONCRETE PAVING JOINT MACHINE
CONCRETE PAVING JOINT SEALER
CO�!CRETE PAVING SAW
CONCRETE PAVING SPREADER
SL[PFORM MACHINE OPERATOR
CRANE, CLAMSHELL, BACKHOE, DERRICK, DRAGLINE, SHOVEL
FOUNDATION DRILL OPERATOR CRAWLER MOUNTED
FOWDATION DWLL OPERATOR TRUCK MOUNTED
FRONT END LOADER
1�11LLING MACHINE OPERATOR
MIXER
MOTOR GRADER OPERATOR FINE GRADE
MOTOR GRADER OPERATOR
PAVEMENT MARKING MACHINE
ROLLER, STEEL WHEEL PLANT-MIX PAVEMENTS
ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING
ROLLER, PNEUMATIC, SELF-PROPELLED SCRAPER
SCRAPER
TRACTOR-CRAWLER TYPE
TRACTOR-PNEUMATIC
TRAVELING MIXER
HOURLY RATE
$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
I 1.00
8.98
1 I .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
10.30
11.97
10.96
7.32
9.06
8.59
8.48
9.63
] 0.58
9.15
8.83
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TYPICAL SECTION T R E N C H REPAIR u L��� 5 �/�`�
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EXCA�/ATICIN, BACK�I�� AND PAVEMENT
REPAIR UNDER EXISTING STREETS
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MIN, 2' H�T ❑R COLD MIX ASPHALT, —TEMPORARY PAVING REPAIR SHOWN —
�^ F�R PERMANENT PAVING REPAIR DETAILS
E�IST, STREET PAVEMENT SEE FIGURES 1-5 OR AS SPECIFIED IN
THE PLANS OR SPECIFICATIDNS,
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� SAND MATERIAL '"`'%�� �''� , �'. . . 1'-6' MAXIMUM
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�IGURE A
CWATER SIZES UP T� & INCLUDING 1z")
NTS
REV� MARCH 25, 1999
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EXIST CONC. CLASS ��A" REINFORCED CONCRETE
PAVEMENT � PAVEMENT REPLACEMENT
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N0.3 BARS ON 24�� CENTERS 80TH WAYS
WITH MIN.2 BARS LONGITUOINAL IN DITCH
EXISTING CONC. EXiSTING
�PAVEMENT �CURB 8►GUTTER
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EXIST BASE DITCH WALL�
(IF ANY)
PROPOSEO FACILITY
INSTALLATION
PIPE
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'� �ALL TRENCH BACKFILL SHALL EXISTING BASE
' MEET REQUIREMENTS FOR (IF ANY)
GRAOATION 8r COMPACTION AS
SPECIFIED IN ITEM 402 OF THE
' � STAN�ARO SPECIFICATIONS FOR
- �� CONSTRUCTION PUBLIC WORKS
� OEPT.,CITY OF �ORT WORTH,TX.
OR BACKFILL AS SPECIFIEO IN
SECTIONS EI-2 8 E2-2 OF THE
SPECIFICATIONS FOR WATER
DEPT. PROJECTS�FORT WORTH
-� WATER DEPT.� CITY OF FORT
WORTH,TEXAS.
0
NOTE�=
N0.1-REINfORCE� CONCRETE PAVEMENT N0.2- IF STEEL EXISTS IN CONCRETE N0.3- REINFORCE� CONCRETE PAVE-
SH4LL BE REPLACED TO ORIGINAL „ PAVEMENT TO BE CUT,THE STEEL SHALL MENT WILL BE REPLACED OVER
DEPTH OR TO A MINIMUM DEPTH OF 5 BE CUT & SALVAGED AS POSSIBLE. A MIN- TRENCH�AS SHOWN� IN THE EVENT
WHICHEVER IS GREATER. IMUM LAP SPLICE DISTANCE OF 12�� NON-REINFORCEO CONCRETE
N0.4-BEODING OF PIPE TO MATCH SHALL BE PROVIDED. PAVEMENT IS REMOVE�_
AOJACENT SECTIONS OR SPECIFI-
CATION 402,WHICHEVER
IS GREATER. TYPICAL S ECTION-TRENCH REPAIR
OE ETED FC ALFRTHE S EC FEED CONCRETE PAVEMENT RE�-6-I-76
THICKNESS ,QF, 2�27 IS ADDE� TO REV.-11-i-79
THE CLASS A CONCRETE. CITY OF FORT WQRTH�TEXAS
REV.-12-15-80
FILE NO.C-3226 i RANSPOR�ATION/PUBI IC WORKS REV.4 84 0•-82
ENGINEERING DIVISION FIG.1
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SECTI O�J E SPc"CI FI CATIO��S
Ja�UARY 1, 197d
WATER DEPARTMENT
All materials, construction methods and procedures used in this project
shall conform to Sections El, E2, and E1A of the Fort �lorth Water �epartment
General Contract Documents and General Specifications, together with any
additional material specification(s), construction(s) or later revision(s).
� (See revisions listed on this sheet). Sections Ei, EZ and E2A of the
Fort Worth Water Uepartment General Contract Documents and General
Specifications are hereby made a part of this contract documznt by reference
� for all purposes, the seme as if copies verbatim nerein, and such Sections
ar� fi led and kept i n tnz offi ce of ti�e Ci ty Secretary of the Ci ty of
- �ort Worth as an official record of the City of Fort Wortf�.
INDEX
E1 MATERIAL SPECIFICATIONS
�
.
E2 CO��STRUCTI Or� SPECI FI CATI O��S
E2A GENERAL DESIGN DETAILS
Revisions as of April L0, 19�1, follow:
,�,, E1-2.4 Backfill: (Correct minimum compaction requirement to 95ro Procter density
and correct P.I. values as fo]lows:)
. c. Additional backfill requirements when approved for use in
streets :
'`'� 1. Type B Backfill
(c) Maximum plastic index (PI) shall be t�
�I 2. Type C Kackfili —
(a) Material meeting requirements and having a PI of 8
or less sl�all be considered as suitable for compact-
J" ion by jptting
�,,, (b) Material meeiing requirement and having a PI of 9
or more si�all be considered for use only witi�
.w mec�ianical compaction �
EY-2.11Trencii �ackfill; (Correct minimum compaction requirement wherever it
appears in this section to 45°6 Procter density except for paragraph a.�,
wt�ere the "9�% modified ProcLer density" shal] remai�..�,n.ch.an.g�.d.,�
� �' ' %�!��� ;. I r; f r,
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.............................
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P`"
� CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW
�. ,
.
,_ , Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statues, Contractor certifies that it
provides workers compensation insurance coverage for all of its employees employed on City of
� Fort Worth Numbers:
� ' Project No.: ,LC�C� t��� ��� ��ll/%S�/I �
�_ ,
D.O.E. No.: �7��
r �
.2 3 /l ,U ������/P r L� �
.2 3/Z
2 3�,3 Contractor
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r. � _ Date:
[•����L�I��I�i•�
�,,, COUNTY OF TARRANT
'� BEF E, the undersigned authority, on this day personally appeared
'� : , known to me to be the person whose name is subscribed to the foregoin
F
instrumept, and acknowl � ged to me that he executed the same as the act and deed of �/�
1� �i�jt��P 1 �_ for the purposes and consideration therein expressed and in
� the capacity therein stated.
� �, GNEN UNDER MY HAND AND SEAL OF OFFICE this nZ� �ay of ��'-
�y , 19�f.
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Notary Public in and for the State of Texas
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BOND NO.: TX544955
�.
PERFORMANCE BOND
THE STATE OF TEXAS �
COUNTY OF TARRANT �
� KNOW ALL MEN BY THESE PRESENTS: That we (1) D. R UTILITIES, INC.. a(2)
Corporation of Texas, hereinafter called Principal, and (3) MERCHANTS BONDING COMPANY
(Mutual), a corporation organized and existing 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 organized and existing under the laws of the State of Texas, hereinafter
called Owner, in the penal sum of
�- **Four Hundred Nine Thousand, Thirteen and 50/100**
($409,013.50) 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.
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 FEB O 8 zOOOA.D.
1999, a copy of which is hereto attached and made part hereof, for the construction oi
� WATER REPLACEMENT CONTRACT 98EE
Clara St. from W. Rosedale St. to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest Park Blvd.;
McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd. to Bewick St.;
� Townsend Dr. from Dickson St. to Biddison St.
�
�
designated as Project No.(s) PW53-060530175190; D.O.E. Numbers 2289, 2311, 2312. 2313, 2314,
a copy of which contract is hereby attached, referred to and made part hereof as fully and to the same
extent as if copied at length herein, such project and construction being hereinafter referred to as the
"work".
NOW THEREFORE, if the Principal shall well, truly, and faithfully perform the work in
accordance with the plans, specifications, and contract documents during the original 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 fully indemnify and save
harmless the Owner from all cost and damages which it may suffer by reason of failure to do so, and
� shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good
any default, then this obligation shall be void; otherwise to remain in full force and effect.
�
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PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
�
agrees that no change, extension of time, 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 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.
IN WIT`NESS WHEREOF, this instrument is executed in 8 counterparts each one of which
�
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shall be deemed an original, this the
ATTEST:
(Principal) Secretary
(S E-
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` Witness as to Pr ncipal
��� �� � ��
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(Add ss) �
ATTEST:
(S E A L)
(Surety) Secretary
day of FEB 0 8 Z000 , A.D., 1999.
�!�}i �; ��� ��(: �r.- .l�...
�
`" J Witness as to Surety
Cynthia N. Klutts
234 Emma Street, Fort Worth, TX 76111
(Address)
(DGS/21/70)
�
�
D. R. UTILITIES, INC.
PRINCIPAL (4) �" !
': ; .
BY: ��?��` �-J �ti� ;
Donald W. Russell, Pres dent
P. O. Box 1851, Azle, TX 76098-1851
(Address)
MERCHANTS,BONDING COMPANY (Mutual)
'� /� Surety
BY: ��� '� � � '2- ��.� '�l !' '
(Attorne�in-Fact)
Sheryl A. Klutts
2100 Fleur Dr., Des Moines, IA 50321-1158
(Address)
NOTE: Date of Bond must not 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 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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Mercnants t�onain� �ornpan
(MUTUALI b ` �
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized u�der the
laws of the State of lowa, and having its prrncipal office in the City of Des Moines, Counry of Poik, State of lowa, hath made, constituted
and appointed, and does by these presents make, constitute and aopoint
John A. Miller, Sheryl A. Klutts, John A. Miller, II, and/or K.R. Harvey
� of Fort Worth and State of Texas its true and lawful Aitorney-in-Faci, with fuA power
and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deiiver in its behalf as surery any and all
bondS, undertakings. recognizances or other written obligations in the nature thereot, subject to the limitation that any such instrumenf shall
not exceed the amount of:
FIVE MILLION ($5,000,000.00) Dollars
and to bind the MEflCHANTS 80N0lNG COMPANY (MUTUAL) thereby as fully artd to the same extent as if such bond or undertaking was
signed by the duly authorized officers of the MERCHAN7S BONDING COMPANY (MUTUAL), and all such ac:s of said Attorney-in-Fact,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Subs,ituted and Restated By-laws
adopted by the Board of Directors of the MEACHANTS 80NDING COMPANY (MUTUAL) on OC,ober 3, 1992.
AATIC�E II, SECTION 8. — The Chairman of the Board or President or any Vice President or Sec-etary shall have power and author-
iry to appoint Attomeys-in-Fact, and to authorize them to execute on benalf of the Company, and attacn the Seai of the Comoany
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ooligatory in the nature thereof.
�
W-
ARTICLE II, ScCTICN 9. — The signature of any authorized o"rficer and tha Seal of the Company may be affixed by facsimiie to any
Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, underiaking, recognizance. or other
sureryship obligarions ot the Company, and such signature and seaf when so us2d siall have the same rorce and efter as though
manually fixed.
In'Nitness Whereof. MEFCHANTS BONDING COMPANY (MUTUAL) has causad ,hes2 pres2nts to be signed by its President and its
corporate seal to be hereto affixed, this 1St aay of January � 1999 �
.•' N...�
G CO •� MERCHANTS BONDING COMPANY (MUTUAL)
STATE OF IOWA
COUNTY OF POLK ss.
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By �
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Presroent
On this 1St oay of January , 1999 , berore me aooeared Larry T�ytor, ro ne
personally known, wno beinc �y me duly sworn did say that he is President or che MERCHANTS BONDING COMPANY (b1U � UAL?, che
corporation describea in the `oregoing instrument, and that the Seal affixed to fhe said instrument is the Corporate Seal oi the szid
Corporation and that :he saici instrument was signed and sealed in behalf of said Corporation by authorrty of iis 8oard oi Direc;ars.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des ,�toines, lowa, the day ard ,vear first
above written.
STATE OF IOWA
COUNiY OF POLK ss.
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Notary Pub/ic, Po1k Counry, lowa
I, Wiiliam Wamer. Jc, Secre?ary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby Certify that the above ard roregoing
is a true and correct cooy oi tRe POWEA-OF-ATTORNEY, executed by said MEACHANTS 80NDWG COMPANY (MUTUAL), wnicn is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this day of , . � � �
MSC OBta (y98)
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Secrerary
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BOND NO.: TX544955,
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARRANT �
KNOW ALL MEN BY THESE PRESENTS: That we (1) D.R. UTILITIES. INC a(2) Corporation of
Texas, hereinafter call Principal, and (3) _MERCHANTS BONDING COMPANY
(Mutual} , a corporation organized and existing under the law's 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 organized and existing under the laws of the State of Texas, hereinafrer called
Owner, and unto all person, firms, and corporations who may furnish materials, for or perform labor upon the
building or improvements hereinafter referred to in the penal sum of : '
FOUR HUNDRED NINE THOUSAND THIRTEEN AND 50/100 .........................................................
($409,013.501 Dollars in lawful money of the United Sta�es, to bg paid in?Ffl�t .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, }ointly and severally, fimily 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 O�mer, dated the day of A.D. , 1999, a copy of which is hereto
attached and made a part thereof, for the conshuction of : F E B 0 8 2000
WATER REPLACEMENT CONTRACT 98EE
�
.,
�,
�'"
i�
�
�
Clara St. from W. Rosedale St, to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest park Blvd.;
McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd. to Bewick St.; Townsend
Dr. from Dickson St. to Biddison St.
Project No. (s) PW53-090530175140; D.O.E. Numbers 2289. 2311. 2312. 2313, 2314 a copy of which is
hereto attached, referred to and made a part hereof as fully and to the same extent as if copied at length herein, such
project and construction being hereinafter refened to as the "work".
NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make
payment to all claimants as defined in Article 5160, Revised Civil Statutes of Texas, supplying labor and materials in
the prosecution of the work provided for in said Contract, then this obligation shall be null and void, othervvise it
shall remain in full force and effect.
F10
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PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas, that the said Surety, for value received, hereby stipulates and agrees
that no change, 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 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 between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall
�
�
i�
�
be deemed an original, this the
ATTEST:
;�SEA )
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���
�/ �1� �
ATTEST:
(Principal) Secretary
day of FEB 0 8 z00.�A.D., 1999.
�
� �
�JVitness as to Principal
GG�: Z' ��
�Addr A ) �
D. R. UTII,ITIES, INC.
PRINCIPAL (4) ,�
� ��,�
� �
BY: %. _--fT�"��/�`.�/; "�tD:;'
Donald W. Russell, Pr ident
P. O. Box 1851, Azle, TX 76098-1851
(Address)
MERCHANTS GINDING COMPANY (Mutual)
1 ' Surety
; � �
BY: L � /'� ; � ,: _ I�. �- ��/.� � C�� .� `'>
� � 5
(Attorney-m-Fact) ( )
Sheryl A. Klutts
2100 Fleur Dr., Des Moines, IA 50321-1158
(Address)
(S E A L)
(Surety) Secretary
�
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F ..�
/�.'� YI �i f � � �� � C��f,{ .�,G �,
' Witness as to Surety
Cynthia N. Klutts
234 Emma St., Fort Worth, TX 76111
(Address)
�c-sia ii�o>
NOTE: Date of Bond must not 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 all Partners should
execute Bond
(5) A true copy of Power of Attorney shall be
attached to Bond by Atto'tr^ -it���.�,�. ^
"����'C���':� �'��'���
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Mercrtants t�onatn� �ompan
(MUTUAL) b ` �
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the
laws of the State of lowa, and having its principai office in the Ciry of Des Moines. Counry of Poik, State of iowa, hath made, constituted
and appointed, and does by these presents make, constitute and appoint
John A. Miller, Sheryl A. Klutts, John A. Miller, TI, and/or K.R. Harvey
�'° of Fort Worth and State of Texas iis true and lawful Attorney-in-Faci, with full power
and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge antl deiiver in its behalf as surety any and all
honds, undertakings. recognizances or other written obiigations in the nature thereof, subject to the limitation that any such instrument shal(
not exceed the amount of:
FIVE MILLION ($5,000,000.00) Dollars
�
and !o bind the MERCHANTS BONDING COMPqNY (MUTUAL) thereby as fully and to the same extent as if such bond or undercakirtg was
signed by the duly authoriZed officers of the MERCHANTS BONDING COMP.4NY (MUTUAL), and all such acts of said Attomey-in-Fact.
pursuant to the authoriry herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-Laws
adopted by the Board of Direc�ors or the MEACHANTS BONDING COMPANY (MUTUAL) on Oc;ober 3, 1992.
ARTICLE II, ScCTION 8. —The Chairman of the Board or President or any Vice President or Secretary snall have power and author-
iry ro appoinc Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the Seal of the Company
thereto, bonds and unaertakinas, recognizances, contracts of indemniry and other writings obiiga[ory in the nature thereei.
�
�
., ,
ARTICLE II, ScCTICN 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any
Power of Attorney or Cartification thereof authorizing the execution and delivery oi any bond, undertaking, recognizance. or other
sure.ryship oo�igations of the C�mpany, and such signature and seal when so used shall have che same 'rorce and effec: as though
manually fixed.
In Witness Whereof. MERCHANTS BONDING COMPANY (MUTUAL) has c2usad these presents to be signed by its President and its
corporate seal to be herero affixed. this ],St day of January � 1999 �
STATE OF IOWA
COUNTY CF PO�K ss
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MERCHANTS BONDING COMPANY (MUTUAL)
gY �
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On this 1St day of ,7anuary , 1999 , beiore me appeared Larry Taylor, ro me
personally known, wne beinc oy me duty sworn did say that he is President or ,he MERCHANTS BONDWG COMP,4NY (MUTUALL the
corporation describaa in the `oregcing instrument, and that the Seal affixed to the said instrument is the Corporate Seai or the said
Corporation and that ;he saic nstrumeni was signed and sealed in behalf oi said Corporation by authoriry of its doard or Direc:ors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City oi Des 4loines, lowa, the day ard ,ve2r nrst
above written.
STATE OF IOWA
COUNTY OF POLK ss.
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Norary Pubiic. Polk Counry, lowa
I, William Warner. Jc, 5ecre:ary of ,he MERCHANTS BONDWG COMPANY (MUTUAL), do hereby Certity that the above and ioregoing
is a true and correc; cooy of the POWER-OF•A7TORNEY, executed by said MEnCHANTS BONDING COMPANY (MlJTUAL), �+vhich is still
in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on
this day of , , � � � � �
MSC 08ta (y99)
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BOND NO.: TX544955
MAINTENANCE BOND
THE STATE OF TEXAS �
COUNTY OF TARRANT �
KNOW ALL MEN BY THESE PRESENTS: That (1) D. R. UTILITIES, INC., as Principal,
acting herein by and through (2) Donald W. Russell, its duly authorized President and (3)
MERCHANTS BONDING COMPANY (Mutuall, a corporation organized under the laws of the
State of Iowa, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City
�. of Fort Worth, a Municipal Corporation, chartered by virtue of Constitution and laws of the State,
�..� **Four Hundred Nine Thousand, Thirteen and 50/100** Dollars ($409,013.50), lawfully 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, executors,
administrators, assigns 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 FEB 0 8 2000 for the performance of the following described public work and
the construction of the following described public improvements:
�.,
WATER REPLACEMENT CONTRACT 98EE
� Clara St. from W. Rosedale St. to Mistletoe Blvd.; Hawthorne Ave. from Warner Rd. to Forest
,� Park Blvd.; McPherson St. from Stadium Dr. to Rogers Ave.; Mission Ave. from Granbury Rd.
to Bewick St.; Townsend Dr. from Dickson St. to Biddison St.
�
all of the same being referred to herein and in said contract as the Work and being designated as Project
No.(s) PW53-060530175190; D.O.E. Numbers 2289, 2311. 2312, 2313, 2314; 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
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 of one (1) vear 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 (1) year; and
WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at
any time within said period, if in the opinion of the Director of the Water Department of the City of Fort
Worth, it be necessary; and, „ „
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WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or
reconstruct said work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain,
repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these
presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in
full force and effect, and said City shall have and recover from the said Contractor and its surety
damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon for successive
breaches until the full amount hereof is exhausted.
WHEREAS, all parties covenant and agree 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 8 counterparts, each one of which
shall be deemed an original, dated FEB 0 8 7_000 .
�b ATTEST:
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� ATTEST:
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(Principal) Secretary
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ness as to P�ci al
�G'/'2�' i� liCaC
(Add"ress) � ��
(Surety) Secretary
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� Witness as to Surety
Cynthia N. Klutts
234 Emma St., Fort Worth, TX 76111
(Address)
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D. R. UTILITIES, INC.
PRINCIl'AL (4�� �
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BY� : ��,�/�' /,�J '�'
Donald W. Russell, President
P. O. Boz 1851, Azle, TX 76098-1851
(Address)
MERCHANT �ONDING COMPANY (Mutual)
0 Surety
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BY: � �%�� 7;y, �C�. ( ..l r°C.-l.�,t'� �i _—
` (Attorr�y-in-Fact) (5)
5heryl A. Klutts
2100 Fleur Dr., Des Moines, IA 50321-1158
(Address)
NOTE: Date of Bond must not 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 all Partners should
execute Bond
(5) A true copy of Power of At� rney shall be
attached to 3 �r��;tt�q�e���x� Fact.
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Mercrtants r�onam� �om an
�M�AL� � P Y
POWER OF ATTORNEY
Know AII Persons 8y These Presents, that the MEACHANTS BONDING COMPANY (MUTl1AL), a corporation duly organized under the
laws of the State of lowa, and havinq rts prrncipal office rn the City of Des Moines. Counry of Polk, State of lowa, hath made, consiituted
and appointed, and does by these presents make, constitute and appoint
John A. Miller, Sheryl A. Klutts, John A. Miller, II, and/or K.R. Harvey
Qf Fort Worth and State of Texas its irue and lawful Attorney-in-FacS, with full power
� and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deliver in its behalf as surery any and all
bonds, undertakings. recognizances or other written obligations in the nature thereof, su6ject to the limitation that any such insirume�t shall
not exce=d the amount of:
FIVE MILLION ($5,000,000.00) Dollars
and to bind the MERCHANTS 20NDING COMPANY (MUTUAL) thereby as fully and to ihe same extent as if such bond or undertaking was
� signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such ac:s of said Attorney-in-Fac:,
pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and axecuted pursuant to and by authoriry of the following Amended Substituted and Flestated By-Laws
adopted by the Board ot Directors or the MERCHANTS BONDING COMPANY (MU7UAL) on October 3. 1992.
ARTICIE II, ScCT10N 9.—The Chairman of the Board or President or any Vice Presfdent or Secretary shalf have power and author-
iry to appoinc Attorneys-in-Fac;. and to authorize them to execute on benalf of the Company, and attach the Seal of the Comoany
thereto, bonds and undertakings, recognizances, contracts of indemniry and other writings obligatory in the nature thereof.
AfiT1CLE II, ScCTION 9. — The signature of any authorized oificer antl the Seal of the Company may be affixed by facsimiie to any
Power of Attorney or Certification thereof authorizing the execution and aelivery of any bond, undertaking, recognizance, or other
sure,ryship oofrgations of the Comp2ny, and such sig�ature and seal when so used snall have the same torce and effec: as though
manually fixed.
In Witness Whereof. MERCHANTS BONDING COMP.4NY (MUTUAL) has causad thesa presents to be signed by its President and its
corporate seai to be hereto ai�ixed. this jSt day of January . 1999 �
�. • ���1G CQ� .� MERCHANTS BONDING COMPANY (MUTUAL)
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STATE OF IOWA •.� � �•
COUNTY CF POLK ss � � " �
BY �
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Pras�eent
On this 1St day of January , 1999 , beroro me aooeared Larry Taylor, to me
personally krown, wno beinc �y me duly swom did say that he is President of ,he MERCHANTS BONDING COMPANY (MUTUALI, the
corporation descrio2c in the `oregoing instrument, and that the Saal affixed to �he said instrument is the Corporate Seai or the s2id
Corpora[ion and that ;he saic instrument was signed and sealed in benalt of said Corporation by auihority of its Board or Direc,ors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Noines, lowa, the day and yezr nrst
above written.
STATE OF IOWA
COUNTY OF POLK ss.
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Notary Publrc, Polk Counry, lowa
I, William Warner. Jr.. Secre:ary of ;he ME�CHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and roregoing
is a true and correct copy or the POWcR-OF•ATTORNEY, executed by said MEACHANTS 80NDING COMPANY (MUTUAL), wnich is still
. in force and effect.
In Witness Whereof, I have nereunto set my hand and af`ixed the Seal of the Company on
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IMPORTANT NOTICE
To obtain information or make a complaint:
You may call the company's toll-free telephone number
for information or to make a complaint at:
1-800-252-9656
You may write the Texas Department of Insurance
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P. O. Box 149104
Austin, TX 78714-9104
FAX �i (512) 475-1771
PREMIUM OR CLAIM DISPUTES: Should you have
a dispute concerning your premium or about a claim you
should contact the agent or the company first. If the
dispute is not resolved, you may contact the Texas
Department of Insurance.
" ATTACH THIS NOTICE TO YOUR POLICY: This
_ notice is for information only and does not become a part
or condition of the attached document.
�
Prescribed by the State Board of Insurance
� Effective May 1, 1992
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AVISO IMPORTANTE
Para obtener informacion o para someter una queja:
Usted puede llamar al numbero de telefono gratis de la
companla para informacion o para someter una queja al
1-800-252-9656
Puede comunicarse con el Departamento de Seguros de
P. O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene
una disputa concerniente a su prima o a un reclamo,
debe comunicarse con el agente or la compania prlmero.
Si no se resuelve la disputa, puede entonces
comunicarse con el Departamento de Seguros de Texas.
UNA ESTE AVISO A SU POLIZA: Este aviso es solo
para proposito de informacion y no se convierte en parte
o condicion del documento adjunto.
Ordenado por el consejo Estatal de Directures de
Seguros, Effectivo el 1 de Mayo 1991.
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THIS CONTRACT, made and entered into FEB 0��nnn by and between the City of
WITNESSETH: That for and in consideration of payments and agreements hereinafter
�,.,
WATER REPLACEMENT CONTRACT 98EE:
' Clara St. from W. Rosedale St. to Mistletoe Blvd. - D.O.E. #2289
Hawthorne Ave. from Warner Rd. to Forest Park Blvd. - D.O.E. #2311
McPherson St. from Stadium Dr. to Rogers Ave. - D.O.E. #2312
"'� Mission Ave. from Granbury Rd. to Bewick St. - D. O. E. #2313
_ Townsend Dr, from Dickson St. to Biddison St. - D.O.E. #2314
Water Project No. PW53-060530175190
�-;
and all extra work connected therewith, under the terms as stated in the Contract Documents, and at his
(their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools,
PART G - CONTRACT
THE STATE OF TEXAS �
COUNTY OF TARRANT �
Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its
City Manager thereto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER",
and D. R. UTILITIES, INC. of the City of Azle, County of Parker and State of Texas, Party of the
Second Part, hereinafter termed "CONTRACTOR".
mentioned to be made and performed by the Party of the First Part (Owner), said Party of the Second
Part (Contractor) hereby agrees with the said Party of the First Part (Owner) to commence and
complete certain improvements described as follows:
�...
superintendence, labor, bonds, insurance, and other accessories and services necessary to compete the
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said construction, in accordance with all the requirements of the Contract Documents, which include all
maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the
specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been
identified by the endorsement of the Contractor of the Contract Documents hereto attached, including
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.
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The Contractor hereby agrees to commence work within ten (10) days after the date written
notice to do so shall have been given to him, and to substantially complete same within the time stated
in the Proposal.
The Owner agrees to pay the Contractor in current funds for the performance of the contract in
accordance with the Proposal submitted therefore, 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 of these presents have executed this Contract in �
counterparts in the year and day first above written.
CITY OF FORT WORTH, TEXA5 (Owner)
Party of the First Part
� _
By:
Asst. City Manager
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(SEAL)
ATTEST:
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City Secretary� '
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Contract Authorization
oc.�'�'�
Date
CONTRACTOR:
� Approved:
D. R. UTII.ITIES, INC.
��G � � ��
A. Douglas Rademaker, P.E., Director By: � � f'a �
� De artment of En ineerin � Donald W. Russell
P g g
Title: President
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W,� SES:
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APPR VED AS TO FORM AND LEGALITY:
Gaiy Stem erger, Asst. City Attorney
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����������G�.� ��C���D
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f�o �'IuG��ao ��.
City' of For�t Wor�th, Texas
�l►�A�c�� A:nd Caunc�l C��nrt�n�cAt�an
DATE REFERENCE NUMBER ` LOG NAME PAGE
� 2/8/00 **C-17845 � �ooRu � 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC.
FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST
ROSEDALE STREET TO MISTLETOE -BOULEVARI�; HAWTHORNE AVENUE FROM
WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM
GRANBURY R(OAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON
STREET TO BIDDISON STREET
Water contingencies for change orders are $20,451.00, and $28,631.00 for associated construction
inspection and survey.
FISCAL INFORMAT'fON/CERTI�ICATION:
The Finance Director certifies that upon approval and completion of recommendation 1, and adoption of
the attached appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Water Capi�al Project Fund.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
A. Douglas Rademaker
Additional Information Contact:
A. Douglas Rademaker
� FUN�
� (to)
�, 1&2) PW53
6140 I 2) PW53
2) PW53
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6157 � (from)
I1) PE45
3) PW53
�-
6157 �
ACCOUNT � CENTER I AMOUNT
472045 060530175190 $458,095.50
541200 060530175190 $429,464.50
531350 030530175190 $ 28,631.00
538070 0609020 $458,095.50
541200 060530175190 $409,013.50
CITY SECRETARY
I�PP+RQVED
CiTY COUN�IL
FEB 8 2000
�� ��
Cit� Sa�cre¢arT of t2►e
Cit' Qf Fort V�Torth.'t�xas
A�opted Ordinat�a� No..�`1
City of Fort Worth, Texas
�1►�Aya� And C,aunc�l Ca�n�nun�cAt�an
DATE REFERENCE NUMBER LOG NAME
2/s/oo **C-17845
30DRU
PAGE
1 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO D. R. UTILITIES, INC.
FOR WATER REPLACEMENT CONTRACT 98EE IN CLARA STREET FROM WEST
ROSEDALE STREET TO MISTLETOE BOULEVARD; HAWTHORNE AVENUE FROM
WARNER ROAD TO FOREST PARK BOULEVARD; MISSION AVENUE FROM
GRANBURY ROAD TO BEWICK STREET; AND TOWNSEND DRIVE FROM DICKSON
STREET TO BIDDISON STREET
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer of $458,095.50 from the Water and Sewer Operating Fund to the Water
Capital Project Fund; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Water Capital Project Fund in the amount of $458,095.50 from available funds; and
3. Authorize the City Manager to execute a contract with D. R. Utilities, Inc. in the amount of
$409,013.50 and 55 working days for Water Replacement Contract 98EE in Clara Street from West
Rosedale Street to Mistletoe Boulevard; Hawthorne Avenue from Warner Road to Forest Park
Boulevard; Mission Avenue from Granbury Road to Bewick Street;, and Townsend Drive from
Dickson Street to Biddison Street.
DISCUSSION:
The Water Department has determined that the water lines in Clara Street, Hawthorne Avenue, Mission
Avenue and Townsend Drive need to be replaced prior to paving improvements. The paving
improvements will be done under one of Transportation and Public Works' street maintenance
contracts.
This project was advertised for bid October 14 and 21, 1999. The following bids were received
November 11, 1999:
BIDDERS
D. R. Utilities, Inc.
Davila Construction, Inc.
M.E. Burns Construction, Inc.
Mid-State Utilities, Inc.
William J. Schultz, Inc. d/b/a Circle "C" Construction Co
Conatser Construction, Inc.
Jackson Construction, Inc.
Burleson Utilities, Inc.
AMOUNT
$409,013.50
$418,485.25
$449, 971.50
$455,785.00
$460,649.50
$461,410.00
$463,206.25
$492,464.35
TIME OF COMPLETION
55 Working Days
The low bidder, D. R. Utilities, Inc., is in compliance with the City's M/WBE Ordinance by committing to
18% M/WBE participation. The City's goal on this project is 18%.