HomeMy WebLinkAbout025675 - Construction-Related - Contract - Stocker Enterprises, Inc.EXECUTED
COPY
SPECIFICATIONS
AND
C{�
SECRETARY
CITY SECRETARY � '�j (� �h�
CONTRACT NO.
CONTRACT DOCUMENTS
FOR
Sanitary Sewer Meter Stations
Serving the City of Saginaw
SEWER PROJECT NO.: PS46-070460250030
DOE NO. 2404
KENNETH L. BAR.R BOB TERRELL
MAYOR CITY MANAGER
LEE C. BR.ADLEY JR., P.E., DIRECTOR
FORT WORTH WATER DEPARTMENT
PREPARED BY WATER DEPARTMENT
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City of Fo�t Worth, Texas
��A�or And Counc�il Cv�n�»un�cAt�on
DATE REFERENCE NUMBER LOG NAME PAGE
1/25/00 **C-17831 60SAG 1 of 2
SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR CONSTRUCTION
OF SANITARY SEWER METER STATIONS IN THE CITY OF SAGINAW, TEXAS
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Stocker
Enterprises, Inc. in the amount of $180,695 for construction of sanitary sewer meter stations to serve
the City of Sagsnaw.
DISCUSSION:
Relocation of the existing Saginaw wastewater meter located south of Longhorn Drive is necessary due
to development in Fort Worth upstream of the existing meter. Two meter stations are required to replace
the existing meter in order to measure flow on two separate mains from Saginaw. The constructson of
two separate meter stations will allow for more accurate measurement of flows from Saginaw, and allow
Fort Worth development to connect to the main downstream of the proposed meters.
This pro}ect is {ocated south of Longhorn Road in COUNCIL DISTRICT 7, Mapsco 47D, 48A and 34L,
respectively.
This project was advertised for bid September 30 and October 7, 1999. On October 28, 1999, the
following bids were received:
BIDDER AMOUNT
Stocker Enterprises, Inc. $180,695
Linder-Stahl Construction Company, Inc. 215,570
B&H Utilities 226,842
Architectural Utilities 245,795
Stocker Enterprises, Inc. is in compliance with the City's MNVBE Ordinance by committing to 17%
M/V1/BE participation. The City's goal on this project is 16%.
In addition to the contract cost, $9,035 is required for contingencies, and $18,070 is required for staff
project overview.
The wholesale customer contract provides that meter replacements are funded through the wholesale
rate schedule.
City of FoYt Worth, Texas
�1�A�a�r And C,aunc�l Con��»un�cAt�on
DATE REFERENCE NUMBER LOG NAME PAGE
1/25/00 **C-17831 60SAG 2 of 2
SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR CONSTRUCTION
OF SANITARY SEWER METER STATIONS IN THE CITY OF SAGINAW, TEXAS
FISCAL INFORMATION/CERTiFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Commercial Paper-Sewer Fund.
MG:j
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Dale Fisseler
Additional Information Contact:
Dalc Fisseler
FUND � aCCOUNT � CENTER j A�1OUNT
(to)
6140
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8207 � (from)
I PS46
I
820i �
541200 070460250040 $180,695.00 �
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CITY SECRETARY
AP�ROVED
CITY COUNCfL
,qt� 25 2000
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Clty Secretary of i4e
Cit� nf Fort Wor h Tax=•=
TABLE OF CONTEI�TTS
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13.
Part A-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
Part F-Certificate of Insurance
Contractor Compliance With Worker's Compensation Law
Performance Bond
Payment Bond
Maintenance Bond
Part G-Contract
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PART A
NO?ICE TD BIDDERS
SPECIAL INSTRUCTIONS TO BIDDERS
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NOTICE TO BIDD�RS
� Sealed proposals for the following:
SANITARY SEWER METER STATIONS
SERVING THE CITY OF SAGINAW
SEWER PROJECT NO.: PS46-07046025Q030
DOE NO. 2404
� 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, October 28, 1999, and then
� publicly opened and read aloud at 2:00 P.M. Plans, Specifications and Coniract
Documents for this project may be obtained at the office of ihe Department of
Engineering, Municipal Office Building, 1000 Throcl:morton Street, Fort Worth, Texas.
� One set of documents �vill be provided to prospective bidders for a deposit of $20.00;
_ such deposit will be refunded if the document is retumed 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.
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Bid security is required in accordance with the Special Insiructions 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 ihe M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM
andlor ihe 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 ihis
� documentation is received, but in no case will ihe 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 tlie 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, 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. In order for a bid to be considered responsive, the AFFIDAVIT
STATEMENT included within these bid documents must be completed and submitted
with your bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render
your bid non-responsive. The bidder shall submit ihe MBE/WBE UTILIZATION
FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT
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PORM ("Documentation") as appropriate. The Documentation must be received by the
managing department no later than 5:00 p.m., five (�) City btisiness days after the bid
openinb date. The bidder shall obtain a receipt from il�e appropriate employee of the
managin� department to whom delivery was made. Such receipt shall be evidenr_e that
the Documentation was received by ihe City. Failure to comply shall render your bid non-
responsive. .
For additional information, contact John Kasavich @ S71-8480.
BOB TER.RELL
CITY MANAGER
Advertising Dates:
September 30, 1999
October 7, 1999
GLORIA PEARSON
CITY SECRETARY
Water Department
Lee C. Bradley Jr., Director
By � �G�.��"�
Engineering Manager
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SPECIAL IVS`['Rl►CTIO�IS "1'0 I3[DUERS
l) PREC)�i-ALlF1CATIUV IZEpU1RL'�IEN'fS: All coniractor5 submiriin� bids are
required to be prequalified by the Fort Worth Water Department prior to submittin�
bids. This prequalification process will establish a bid limit based on a technical
evaluation and financial analysis ofthe contractor. It is the bidder's responsibility to
submit the follo���ing documentation: a current financial statement, an acceptable
e�perience record, an acceptable equipment schedule and any other documents the
Department may deem necessary, to the Director of the Water Department at least
seven (7) calendar days prior to ihe date of the opening of bids.
a} The financial statement reyuired 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 a�ency and shall have been so
prepared as to reflect the �nancial status to the submitting company. This
statement must be current and not more than one (1) year old. In the case that a
bidding date falls within the time a new statement is being prepared, the previous
statement shall be updated by proper verification.
b) For an experience record to be considered to be acceptable for a given project, it
must reflect the experience of the firm seeking qualification in work of both the
same nature and technical level as that of the project for which bids are to be
received_
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c) The Director of the Water Department shall be the sole judge as to the
�acceptability for financial qualification to bid on any Fort Worth Water
� Department project.
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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.
� Any proposals submitted by a non-prequalified bidder shall be returned unopened,
and if inadvertently opened, shall not be considered.
g) The City will attempt to notify prospective bidders whose qualifications (financial
or experience) are not deemed to be appropriate to the nature and/or magnitude of
the project on which bids are to be received. Failure to notify sl�all 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 Uid submitted must accoirpany the bid, and is subject to
forfeiture in the event the successful bidder fails to execute the Contract Documents
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within ten (1 U) days aitc:r the contract has been a�ti�arded. "I'o be an acceptabie surety
c�n the bond, (1) the name of the surety shail l}e included on the current U.S. Treasury
List, or (2) th� surety musi 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 Teaas. The amount
of the bond shall not exceed the amo�mt sho�vn on the treasury list or one-tenth ( li ] 0)
the total capital and surplus.
3. BONDS: A perforn�ance bond, a payment bond, and a maintenance bond each for
one hundred (100%) percent ofthe 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.
5. A1�BIGLIITY: In ihe 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. QIDDCR LICENSC: Bidder must be a licensed Contractor in the State of Texas.
7. NONRESIDEI�T BIDDERS: Pursuant to Article 601g, "I'exas Revised Civil
Statutes, the City of Fort Worth will not award this contract to a nonresident bidder
unless the nonresident's bid is lower than the lowest bid submitted by a responsible
Texas resident bidder by the same amount that a Texas resident bidder would be
required to underbid a nonresident bidder to obtain a comparable contract in the state
in which the nonresident's principal place of business in located.
"Nonresident bidder" means a bidder whose principal place of business is not in this
� state, but excludes a contractor whose ultimate parent company or majority owner has
its principal place of business in this state.
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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 wi11 automatically disqualify that bidder.
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8. PAYMENT: If the bid amount is $25,000.00 or less, the contract amount shall be
paid within foriy-�ve (45} calendar days after completion and acceptance by the City.
9. AGE: ln accordance with the policy ("Policy") of the Executive Branch of the
Federal Government, Contractor covenants that neither it nor any of its officers,
members, agents employees, program participants or subcontractors, while engaged
in performing this contract, shall, in connection with the employment, advancement
or discharge of employees or in connection with the terms, conditions or privileges of
their employment, discriminate against persons because of their age except on the
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bases o1�a bana t�ide occupational c�ualification, retir�ment plan or statutory
req u i rement.
Contractor furiher covenants that neither it nor its officers, members, agents,
employees, subcontractors, program participants, or persons acting on their behalf,
shall specity, in solicitations or advertisements for employees to work on this
contract, a maximum a�e limit Tor 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 alle�ations 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 a�reement.
�10. DISABILITY: In accordance with the provisions of the Americans With Disabilities
a 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. Cantractor warrants it will fully comply with ADA's provisions and
any other applicable federal, state and local laws conc�rning disability and will
�,,, defend, indemnify and hold City harmless against any claims or allegations asserted
by third parties or subcontractors against City arisin�; 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.
R"" 11. R'[INORITY AND WOMEN BUSINESS ENTERPRISES: In accard with City of
Fort Worth Ordinance No. 11923, the City of fort Worth has goals for the
participation of minoriry business enterprises and women business enterprises in City
� contracts. A copy of the Ordinance can be obtained from the Office of the City
� Secretary. In order for a bid to be considered responsive, the AFFIDAVIT
STATEMENT included within these bid documents must be completed and
�submitted with the bid. Failure to submit the completed AFF[DAVIT STATEMENT
� shall render your bid non-responsive. The bidder shall submit the MBE/WBE
UTILIZATION FORM, PRIME CONTRACTOR WAIVCR FORM and/or the
�GOOD FAITH EFFORT FOIZM ("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 managinb 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.
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12. Upon request, Contractor agrees to provide the Owner complete and accurate
information regarding actual work performed by a Minority Business Enterprise
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� (ML3E) on the contract and a�ment th�reof� Contractor lurther a�recs to ennit an
P } ., P Y
audit and,'or examination of am• bool:s, records or tiles in its possession that ��-ill
� subst;�ntiate the actual ��ork perfonred hv an MBE 1nd;'or V4�'I3E. 'I�he
m�s�epresentation of facts (other than a ne�;ligent misrepresentation) and/ur
� commission of fraud by the Contractor will be �rounds 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 m�srepresentation 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 9/24/97
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PART B - PROPOSAL
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This proposal must not be removed from this book of Contract Documents.
TO: Bob Terrell
City Manager
r'"' Fort Worth, Texas
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Fort Worth, Texas
PROPOSAL FOR: The furnishing of all materials, except materials specified to be
f'urnished by the City, equipment and labor for the installation of 2 sanitary sewer
metering stations and all necessary appurtenances and incidental work to provide a
complete and serviceable project designated as:
PROJECT NAME: Sanitary Sewer Meter Stations
Serving the City of Saginaw
Sewer Project No. PS46-070460250030
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the
prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment
and material except as specified to be furnished by the City, which is necessary to fully
complete the work as provided in the Plans and Contract Documents and subject to the
inspection and approval of the Director of the City Engineering Department of the City of
Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a
contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond,
and such other bonds, if any, as may be required by the Contract Documents for the
performing and completing of the said work. Contractor proposes to do the work within
the time stated and for the following sums:
B-1
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PART B - PROPOSAL
This proposai must not be removed from this book of Contract Documents.
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TO: Bob Terrell
City Manager
� Fort Worth, Texas
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Fort Worth, Texas
PROPOSAL FOR: The furnishing of all materials, except materials specified to be
furnished by the City, equipment and labor for the installation of 2 sanitary sewer
metering stations and all necessary appurtenances and incidental work to provide a
complete and serviceable project designated as:
PROJECT NAME: Sanitary Sewer Meter Stations
Serving the City of Saginaw
Sewer Project No. PS46-070460250030
Pursuant to the foregoing 'Notice to Bidders', the undersigned Bidder, having thoroughly
examined the Contract Documents, including plans, special contract documents, and the
General Contract Documents and General Specifications for Water Department Projects,
the site of the project and understanding the amount of work to be done, and the
prevailing conditions, hereby proposes to do all the work, f'urnish 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 ihe 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: SEWER
(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:)
ITEM APPROX. DESCRIPTION OF ITEMS WITH UNIT TOTAL
NO. QUANTITY BID PRICES WRITTEN IN WORDS PRICE AMOUNT
2.
3.
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4
30
L.S. Sanitary sewer meters,
telemetry, electrical power, 2"
Sch 40 and Sch 80 conduit; Per � �Q
L�p Sum: �--
r�►2-w (��� � ��c�� �'��C��
Dollars
and r— c��—
Cents
EA. Standard 4-Foot Diameter
Manhole to 6 feet depth with
water tight manhole cover,
D-10; Per Each:
�c� r s �a-.�'�
� ► �,.a � �.+ r+� tl2 �
Dollars
and d —
Cents
L.F. Additional Depth over 6 feet of
Standard 4-Foot Diameter
Manhole; Per �L.inear Foot:
�a :-� � � 11 ��
Dollars �
And -- � -�
Cents
� s�
,-.
� ��� � 1����
� ��ea
� ��
� �� �
:
�. 2
5. 25
r
,r �,
7. 4
8. 15
EA. 5-Foot x 5-Foot Square
Manhole to 6 feet depth;
Include aluminum ladder, Bilco ��
Access Door J-4AL and Bilco �'� �'�
Ladder Up Safety Post (Part E) $ / ��,,��t $ � ��'C�G�
or approved equals; Per Each: �
-� ... � . � v r � I L �ce.Urjr1�'I.i+-� �- � �, C� ,cr.���v���.:�17
Dollars
and - G �
Cents
L.F. Additional Depth over 6 feet of
5-Foot x 5-Foot Square
Manhole; Pez, Linear Foot•}
��, r � �-t_�,'�,�7��1';�!J j ��� �-��
Dollars � � $ ��'L� $ . ;�`��C''y�
and . �� �
Cents
EA. Watertight Manhole Inserts
D-31; Per Each:
- r c.�,.,, .,,�. V� ''; � �y �-, C +�1 �. ,�
,� �, .
Dollars 1 $ �`� $ � � �
and �� U --
Cents
EA. Concrete Collar for Manhole,
Per Fi . 121; Per Each:
� �. ,
`— ci,.+..�t � ��'.-v� �v` f��l'..'�'' � C � � 4�;�
-}-- � � -� `:� •� f �-
Dollars � $ `�" i'�-k $ ' � �..�1
and — '�` -
Cents
L.F. 8-inch SDR 26 PVC pipe; Per
Linear Foot:
�-"_._ � r'-, �1..�! (' C���'�_.-
Dollazs " �- �'' � ��
and •-- � _ � ��,� � � t�_.-�'��
Cents
,
:
1
�
E
10
80
40
11. 105
12. 1
13. 50
14. 20
L.F. 10-inch SDR 26 PVC pipe; Per
Linear Foot: � --,
�`, k � r.-�s. �� � . -�� G�-' �
Dollars � `
�- r
.
and — (� -�- $ �� $ � �'C�'�`,
Cents
L.�. 10-inch Ductile Iron Pipe Class
51, for drainage; Per Linear
Faoi: °"� � ^ ��'�
c_.=,,;�, , ,-r _, �-`� .,�- : �`�. _ ��C'
Dollazs � $ ��� $ ��'�-��
and - � .� �
Cents
L.F. 12-inch SDR 26 PVC pipe; Per
Linear Foot: „,�`
- - -,
I r� � I t� R`'F a� f[.��---- �� l��' L 1�.
Dollars � � - �
and — �-�� $. �� $ �'t�����
Cents
L.S. P.V.C. Fittings, including _
reducers; Per Lump Sum: ,�
�"(�� — \.
��. � .�, -_� ����,��� �� J r �.:
Dollars _ � �
�d --- � -- $ ��� �;��7:� $ � ��r���
Cents
C.Y. Crushed limestone for misc.
placement, D-8; Per Cubic Yard:
�
� ��.. ��` ��
Dollars $ ( �� $ �j ��
and �- '� �
Cents
C.Y. Class 'B' Concrete (2500#)
D-17; Per Cubic Yard: �
� � �i�� e.� ✓1 r �O `
Dollazs $ � � � $ �j� �
and " � �
Cents
B-4
15. 10
16. 200
17. 2
18. 200
19. 6
C.Y. Class'E' Concrete (1500#)
D-17; Per Cubic Yard:
����� � �,v
Dollars $ � � $ ,�'� �
and : C7 � �
Cenis
L.F. Trench Safety System,
D-9; Per Linear Foot:
�� � �
��� � � �
Dollars � � $ z a o� v
and '� � —
Cents
EA. Hydromatic SP40-A 1 Sump
Pump or approved �qual; Per�
Each: �� ��
��
' ' '� � � '�r� � � dE`� Q c�
Dollars
and -� � �
Cents
L.F. Post-Construction Television
Inspection of Sanitary Sewer
Lines, D-25; Per Linear Foot: �� ��
�
�� �� � �
Dollars
and � O --
Cents
EA. Vacuum tests for manholes; Per
ea
�i�1 � n� � �l� r.� Op �,
Dollars � ���
arid y $ � �� $
Cents
I�•".
?0. 2
21. 270
2?. S0
23. 1
EA. Pre-cast equipment building and
�fl.G,slab; Per Each: �
�t�L '�s� �° oc�
J �� �
Dollars � $� $ / � �O�,,.
and �
Cents
S.'k'. 5-i�ch �I.Nf .A.�C. Par�ement; Per � -
Sq�ua Yard: '� �
� *��
, � �� r��� � �/G�
�oilars $ �
and � �' � �'
Cents
C.Y. 6-inch Compacted Flex Base
Material; Per Cubic Yard: �� ��
�� � �
� ��
Dollars � $ $
and �--- � '-�
Cents
L.S. Grading and leveling around
equipment building; Per Lump
�� ���� �
� �� $f� �� $
Dollars
and —� � �
Cents
TOTAL AMOUNT BID
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PART B - PROPOSAL (Cont.)
Within ten (10) days after acceptance of this Proposal, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and such other bonds as
required by the Contract Documents, for the faithfitl performance of the Contract. The
attached bid security in the amount of 5% is to become the property of the City of Fort
Wortli, 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 conditions of those General Documents and the specific Coniract 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
refei-ring 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 45 calendar 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.
The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
�
I:
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:
� � �y
Addendum No. 1(Initials) A_��`� ..aendum No. 3(Initials)
Addendum No. 2(Initials) �� Addendum No. 4(Initials)
�
Respectfully submitted,
�� n �) Toc ��.*
�y r�,/'. :`�'�! .• y I �"�I�'.---,._
r,
Title �,
�.�1 Y .�- = -�, �
Address
I o S I ��-�vn�.c�.c.t, d�-- �
�
.� � l��- � � • '? � � 31
Telephone: g I �- 3�� - b�# �t�
(Seal)
Date: f �} ' �,�i �'�' �
Cit�y of Fort Worth
Minority and Women �3usiness Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
If the tfltal dollar vaiue of the contract is $25,000 or more, the MJWBE goal is applicable. If the total dollar
value of the contract is less than $25,000, the M/WBE goal is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business
Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective
of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide
goods and services directly or indirectly to the City.
M/WBE PROJECT GOALS f
The City's MBE/WBE goa( on this project is �Gp % of the base bid value of the contract.
COMPLIANCE TO BID SPEClFICATIONS
On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's MJWBE Ordinance
by either of the fo(lowing:
1. Meet or exceed the above stated MNVBE goat, or;
2. Good Faith Effort documentation, or;
3. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department, within the following times allocated, in
order for the entire bid to be considered responsive to the specifications.
1. M/WBE Utilization Form:
2. Prime Contractor Waiver Form:
3. Good Faith Eifort Form:
received by 5:00 p.m., five (5) City business days after the
bid opening date, exciusive of the bid opening date.
received by 5:00 p.m., fve (5) City business days after the
bid opening date, exclusive of the bid opening date.
received by 5:00 p.m., five (5) City business days after the
bid opening date, exclusive of the bid opening date.
�FAILURE TO COMPLY WITN THE CITY'S MNVBE ORDINANCE, WILL RESULT IN THE BID BEING
� CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questtons, ptease contact the M/WBE Oftice at (817) 871-6104.
Rev. 6/2/98
city of Fort wortn
Minority and Women Business Enterprise Specifications
PRIME COMPANY NAME
�ROJECT NAME
( CITI''S �1/1�'BE PROJECT COAL:
MBE/WBE UTILIZATION
$ID DATE
PROJECT NUMBER
_ � �l/��"NE PERCENTAGE ACHIEVED:
ATTACHMENT 1A
Page 1 of 2
�aiture to complete this form, in its entirety with supporting documentation, and received by the Managing Department
on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid
being constdered non-responsive to bid specifications.
� The undersigned bidder agrees to enter into a formal agreement with the MSE and/or WBE firms for work listed in this
scf�edule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
r�isrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered
; ��on-responsive to specifications.
Company �a�n�� CoraWct Nsme,
I Add�ress, and Telep'�one �?o.
�
r __ . _
w.�.._ �..�.___.- -------
F..____.. ______.- - - --
Ce+rtltiod
3pocihr @11 �Coo�tracting
Scop�e of W�Vo�k �•p
Spoc�fy All 'P�a�os t4 bp [)ol9ar Amaynt
Suppliad(`) ,�, 3
�
��
�-_ __ __.._._ ___... . __ ._.�- ---- -- ._- _ ___--- - - --.- � _ _ ��.. ..�.�_.. _� . . . .. _ M _ . � ..
� M/WBEs must be Iocated In the 9(nine) county marketptace or currently doing business in ihe marketplace at the time of bid. �
') Specify aU areas in which MWBE's are to be utilized and/or items to be supplied: �
') A complete listing of items to be supptied is reguired fn order to recelve credit toward the MIWBE goal.
"') Identify each Tier levet. ' Tier: Means ttie leve! of subcontracting below the prime contractor/consultant, i.e., a direct payment
from the prime contractor to a subcontractor is considered 1" tier, a payment by a subconiractor to
its supplier is considered 2"° tier.
THIS FORM MUST BE RECEIVED BY THE MANAGlNG DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXC�USIVE OF THE BID OPENING DATE
Rev. 6!Zl98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
ATTACHMENT 9A
Page 2 of 2
Ci�ty of Fort Worth
Minorrty and Women Busrness Enterprise Specifications
MBE/WBE UTILiZATION
� Cornp�ny Nam�, Contact �fa�e, Ca�tf�ed - Specify All �anQracGinr� Specil�r AQ Items to be
Add��s, and T�lep�►os�e No. .. Scope o('Work ('� Supptied(•� ,r..
� �- �
� $� ��
�
�-.---__.__.____. . _ __ _ ._.
�
�- � .._.- .-
� -_-----_ _
p.._ , . .e...._........_.__.
� _ .__ �
Doll�r Amount �
1"he bidder further agrees to provide, directty to the City upon request, compiete and accuraEe information regarding
actual work perforrned by all subcontractors, incl�ding MSE{s) and/or WBE(s) arrangements submitted with this bid.
The bidder also agrees to attow an audit and/or examination of any books, records and files held by their company that
nrill substantiate the actual work performed by ihe 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 wili be grounds for terminating the
:onfract or debarment from City work for a period of not less than three (3) years and for 'tnrtiating action under Federal,
3tate or Local taws concerning fafse sfaternents. Any faiture to comply with this ordinance and creates a material
breach of contract may resuit tn a determination of an irresponsible offeror and barred from participating in City work
for a period of time not less than or+e (1) year.
A�L MBEs and WBEs MUST BE CERTfFIED BY THE CITY BEFORE CONTRAGT AWARD
authorized Signature
Title
Company Name
�ddress
;tty/State/Zip Code
Printed Signature
Contact Name and Title {if differentj
Telephone Number (sj
Fax Number
Date
THIS FORM MUST BE RECEIVED BY THE MANAGlNG DEPARTM�NT 8Y 5:Q0 p.m., FJVE {5) CIiY BUSINESS DAYS AFTER BiD
OPENING, EXCIUSIVE OF THE BID OPENING DATE
Pages 1 and 2 of Attachmenf 1A must be received by the Managing Department Rev. 6/2/98
ATTACHMENT1B
Page 1 of 1
City of Fort Worth
Minority and Women Business Enterprise Specifications
Prime Contractor Waiver
Prime Company Name
Bid Opening Date
Project Name
Project Number
If both answers to this form are YES, do not comptete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form must be completed and a detailed explanation provided, if applicable. If
the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is onfy
applicable if both answers are yes.
Failure to cornplete this form in its entirety and be received by the Manaqinq Department on or
before 5:00 p.m., five (51 Citv business days after bid openinq, exclusive of the bid opening date,
will result in the bid being considered non-�esponsive to bid specifications.
Wil[ you perform this entire contract without subcontractors? Yes No
lf yes, please provide a detaited explanation that proves based on the size and scope of
this project, this is your normal business practice and provide an operational profile of
your business.
Will you perform this eniire contract without suppliers? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this is your normal business practice and provsde an inventory profrle of
your business. .
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actuai work performed by all subcontractors, including MBE(s) andlor
WBE(s) on this contract, the payment therefore and any proposed changes to the origina! MBE{s)
andlor WBE (s) arrangements submitted with this bid. The bidder also agrees to a14ow an audit
and/or examination of any books, records and files held by their company that will substantiate
the actuat work perforrned by the M8E(s) and/or WBE(s) on this contract, by an authorized officer
or employee of the City. Any intentionat and/or knowing misrepresentation of Eacts wit! be grounds
for terminating the contract or debarment from City work for a period of not less than three (3)
years and for initiating action under Federal, State or Loca! laws concerning fatse statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in a
determinatson of an irresponsible offeror and barred from participating in City work for a period of
time not tess than one (1) year.
Authorized Signature
Title
Company Name
Address
Printed Signature
Contact Name (if different)
Contact Telephone Number (s)
Fax Number
Rev, 6!2/98
ATTACHMENT 1C
Rage 1 of 3
City of Fort Worth
Minority and Women Business Enterprise
GOOD FAITH EFFORT
Prime Company Name
Project Name
Bid Qate
Project Number
If you have failed to secure MlWSE participation and you have subcontracting and/or supplier opportunities or if �
your M/WBE participation is less than the City's project goal, you must complete this form.
If the bidder's method of compliance with the M/WBE goaf is based upon demanstration of a
"good faith effort", the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentiona! and/or
knowing misrepresentation the facts or intentiona! discrimination by the bidder.
Failure to complete this form, in its entsrety with supporting documentation, and received by the
Managing Department on or before 5:Q0 p.m. �ve (5) City business days after bid opening, exclusive of bid
opening date, will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting andlor supplier opportunity 1DO NOT LIST NAMES OF
FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided
by a MIWBE or non- MNVBE.
(Use additional sheets, if necessary)
List of: Subcontractinq Opportunities List of: Supplier Opportunities
Rev. 6I2/98
ATTACHMENT 1C
Page 2 of 3
2.) Did you obtain a current list of M/WBE firms from the City's MIWBE Office? The list is considered in
compliance, if it is not more than 3 manths o!d from the date of bid opening.
Yes
No
Date of �isting
3.) Did you solicit bids from M/WBE firms, within the subcontracting andlor supplier areas previously
tisted, at least ten calendar days prtor to bid opening by mail, exclusive of the day the bids are
opened?
Yes lf yes, attach MIWBE mail listing to include name of firm anct address and a dated
No copy of letter mailed.
4.) Did you solicit bids from MIWBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by tefephone, exclusive of the day the bids are
opened?
Yes If yes, attach list to include name of M/WBE fsrm, ep rson contacted,
No phone number and date and time of contact.
NOTE: A facsimite may be used to compty with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: !f a SIC list of M/WBE is ten or less, the bidder must contact the entire list to be in compliance with
questions 3 and 4. If a sic list of MIWBE is more than ten, the bidder must contact at least two-thirds of
the list but not less than ten to be in comptiance with questions 3 and 4.
5.) Dtd you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the MIVVBEs?
Yes
No
6.) If M/WBE bids were received and rejected, you must:
(1) List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable,
qualifications, etc.) and
(2) Attach a�davit and/or documentation to support the reason(s) listed below (i.e., letters, memos,
bids, telephone calls, meetings, etc.)
(Ptease use addrifonat sheets, if necessary, and attach.)
Company Name ielephone Contact Person Scope of Work Reason for
Rejection
Rev. 6/2l96
ATTACHMENT 1C
Page 3 of 3
ADDIT{ONAL INFORMATION:
Please provide additional information you fee! will further explain your good and hanest efforts to obtain
M/WBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actuat work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that wr11 substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from Crty work for a period of not less than three
(3) years and for initiating action under Federaf, State or Locai laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
partrcipating in City work for a perrod of time not less than one (1) year.
The undersigned certifes that the information provided and the M/WBE(s) lis#ed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them wilt be verified by
the City's M/VI/BE Office.
Authorized Signature
Title
Company Name
Address
City/State2ip
Printed Signature
Contact Name and Trtle (if different)
Telephone Number(s)
Fax Number
Date
Rev. 6/2/98
�
�1'V I LV a/J I lal 1�' JL
I 1� /^iVl\111 Y'YllllLlf VLI i 1IIl1 IIV. LlA� uI1 U1VJ
I � UJ
�
Cr� of Fort Worth D��"i 0 F
Mrnority and Women usiness Enter�r��� ��tif'�Fa�i�lns
ATTACHMEIYT 'iA
Page 1 of 2
MBEIWBE UTlLIZA,T�I��� � P�l/ 1 3�
� �{ ���� � r � � �� fc�1 ��' � �i
�R�M C�C?MPAi�[Y NitNTE �y ,f • �/ 1� � 81D DATE
�� IJI� � �� �" d T
RCm.i�C7 N E � Nrt6-JECT NUMBER
� � � ./�-� / r"i.�' r'�--�� ,l�'��C� - �'�r'— - I �
� CIT�"S Ailw6£ pROJECT GQ.aL: ��r � I�tn� BE PERCE�TAGE ACHIEVED: �� I
t
'�ailure to complete this form, in its entirety with supporting documentaiion, and received by the Managing Department
on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, wifl result in the bid
1 eing considered non-responsive to bid specifications.
he undersigned bidder agrees to entet into a formal agreement with the MB� and/or WBE firms for work listed in this
hedule, conditioned upon executiost of a contract with the City of Fort Worth. 7he intentional and/or knowing
� isrepresentation of facts is grounds for consideration of disquatification and will. result in the bid being coosidered
,.s on-responstve Lo specifications.
� Company Name, Contact Name, CE:rtified
Address, and Telephone No.
a
V p0
� 4
Zj X �
� Z r.�
�.�'��_� ,r � � _ .
� ��., � a ��� ,�`'
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. , ,� c�.� � � 47�f��
� � � �� �����
�.v bre� . `nl. � !o a.a-� �, t'",
t q4o, 5�.5-bs��
1
[ ; t r� Trcrf-�.'� c'c� �o
, � ����� �
a f��-v� s-c- .
�T._ G'V�, raG-�-Y ..�� .'7 G 1 c��
' �C�(2_'� ��}��-5�..'� _ _ ___
Specffy 1�11 Gontractina
Scope of Work (`)
��.
Spec'rfy � Items to be
Su�plied(*) �
�r��� �� � � �
Doltar Amount
,� r
uy�
0. m
y �
@o
f,����`' :
. ��
,�- :
� ��ooU ;
+,
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�
. �� �� p
1
'!! iNM/BEs musf be Iocated In the 8(nine) county marketplace or currently doing business in tho marketplace at the Ume of b?d_
�) SFecify a11 aroas '+n which MWBE's are to be utilized and/or items to be supplied: -
A complete listing of items to be supplied is requ"rred In Ortler to recefve credit toward the NUWBE goal_
' I{") Identify each Tier level. ' Tier: Means the leve! ot subconVaCting below ihe prime coniraCtorlconsulcant, i.e., a di�ect payment
� from tt�e prime contrdCtp[ to a subcontrdCtor is ton&idered 1" Uer, a payment by a subcontraci4r to
fts supplier is conside�ed 2n° tier.
,
� TH1S FORM MUST BE REC�IVED BY TFtE MANAGING D�PARTMENT BY 5:00 p.m., FNE (5) C1TY BUSINESS DAYS AFTER BID
�� OPENfNG, EXCLUSIVE OF THE B1D OPENlNG DATE
Rev. 6!?J98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
r
u�l—�y—yy rrcl 1b���
h I. WUK I H WH I tK U�.F' I h H1S NU. tS 1 1 ti f l tS 1 y�
r. u�
■__J
n
L
c�yt of Fort wortn
Minority and Women Business Enterprise Specifications
MBENVBE UTILIZATION
Cort�pany Name, ContaGt Name, Certified
Address, and Telephone No. ,.
U n p
� �i
z ��
��C r�r .�, �+s�:. .'.� - � -
�� �. ����' _C�!' �_ � �,,,
'�sr��-r�+�,.�7�._ `��� t 5
ki�-`�'�5-�4��
Specify l,�Contracting Specify � Items to be
Scope of Work (`) Supplied(') ; �
cna �-
�� �G ✓'� -
��
.�
ATTACHMENi 1A ``
Page 2 ot 2 �:'
.:�
�.K
DollarAmount '�
:� I
�w �
.,�
rs� ti:�_
��� l �;��
� _ �.--..�— -
' - ��� °
�
� _... � ..w..�p :,�
,� s
---- __ _ 'n�
---____._..�._.. . ._.�..,.._.. ���
� ... .. _.. . ...V..r i
_.. _— � ';' �
.,:, ,
; I
� he bidder further agrees to provide, direCtly to the City upon request, complete and acCurate informaiion TegaCditlg .'� �
actual work performed by all subcontractors, including MBE(s) andlor WBE(s) arrangemertts submitted with this btd. r�
��he bidder a[so agrees to allow an audit anBlor examination of any books, records and files held by their company that ��-= �
ill substantiate the actuat work performed by the MBE(s) andlor WBE(s) on ihis contract, by an authorized officer or `!
empfoyee of ihe C�ty. Any intentional andlor knowing misrepresentation of facts will be grounds For terminating the :�; �
ontract or debarment from City work for a per"sod of not less than three (3) years and for initiating action under Federal, �.� � 4
��tate or Locat laws concerning fa(se statements. Any failure to comply with this ordinance and creates a maferial _���: ?
areach of contract may resutt in a determination of an irresponsibie offeror and barred from participating in City work '=::� �
""' �`or a period of time n s than one (1) year. ''` �
Es and WBEs MIiST BE CERTIFfED BY TH� C B��`�RE ONi1�'AC� AwAR� .°.�: �
�r � ,I� ,� ,�'r :�-7�' ' '
uthorized �gnature � Printed Signature •�� �
� ��. �i,� . �� .
�"� Title �--. Contact Name and Title �if differenty ;';` �
� � �
�� � Y �- ��i� �� � 3c� 2� ���� . R.
�:ompany Name � / �Tetephone Number (5) :` �
� �� il� ��' L�J _ _ �� ���; �:
I D � � � _ �� � �n� n �' , �
r... �lddress ' , /� -� Fax Number ,:; �
�,���rr � �•� �i1��.1� �,,� — ; �
iry/State/Zip Code I Date � ���i�
� S�
�: �
'- }
�
,',
� ,. ;�.
� THIS FORM MUST BE REC�IV£D BY THE MANAGING �EPARTMENT BY 5:00 p.m_, FfVE (5) CITY BUSINE5S DAYS AFT�R BID
�' . OPENING, EXCLUSlVE OF TNE BID 0PENING DATE
Rev 6J2198 ' `
'� � Pages 1 and 2 of Attachmeni 1A must be received by the Managing Departmeni �
�
P:e RT C
GGNERAL CONDITIUNS
l�
�.
�
C1-1
C1-l.l
C1-1.2
C1-1.3
C1-1.4
C1-1.5
C1-1.6
C1-1.7
C1-1.8
C1-1.9
C1-1.10
C1-1.11
C1-1.12
C1-1.13
C1-1.14
C1-1.15
C1-1.16
C1-1.17
C1-1.18
C1-1.19
C1-1.20
C1-1.21
C1-1.22
C1-1.23
C1-1.24
C1-1.25
C1-1.26
C1-1.27
C1-1.28
C1-1.29
C1-1.30
C1-1.31
C1-1.32
PART C - GENERAL
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
DEFINITIQNS
Definition of Terms
Contract Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specifications
Bond
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, City Water Department
Engineer
Contractor
Sureties
The Work or Project
Working Day
Calendar Day
Legal Holiday
Abbreviations
Change Order
Paved Streets and Alleys
Unpaved Streets and Alleys
City Streets
Roadway
Gravel Street
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2.1 Proposal Form
C2-2.2 Interpretation of Quantities
C2-2.3 Examination of Contract Documents
and Site
C2-2.4 Submitting of Proposal
C2-2.5 Rejection of Proposals
C2-2.6 Bid Security
CONDITIONS
Cl-1
C1-1
Cl-1
C1-1
Cl-1
C1-1
C1-1
Cl-1
C1-1
C1-1
Cl-1
Cl-1
Cl-1
Cl-1
Cl-1
C1-1
C1-1
C1-1
Cl-1
C1-1
Cl-1
Cl-1
Cl-1
Cl-1
C1-1
Cl-1
Cl-1
Cl-1
Cl-1
C1-1
Cl-1
Cl-1
(1)
(1)
(2)
(2)
(2)
(2)
(2)
(2)
(2)
(3)
(3)
(3)
(3)
(3)
(3)
(3)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(4)
(S>
(6)
(6)
(6)
(6)
(6)
(6)
C2-2 (1)
C2-2 (1)
C2-2 (2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
(1)
C2-2.? Delivery of Proposal
C2-2.8 Withdrawing Proposals
C2-2.9 Telegraphic Modification of Proposals
C2-2.10 Public Opening of Proposal
C2-2.11 Irregular Proposals
C2-2.12 Disqualification of Bidders
C3-3
C3-3.1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3. 8
C3-3.9
C3-3.10
C3-3.11
C3-3.12
C3-3.13
C3-3.14
C3-3.15
C4-4
C4-4.1
C4-4.2
C4-4.3
C4-4.4
C4-4.5
C4-4.6
C4-4.7
C5-5
C5-5.1
C5-5.2
C5-5.3
C5-5.4
C5-5.5
C5-5.6
CS-5.7
CS-5.8
CS-5.9
C5-5.10
C5-5.11
C5-5.12
CS-5.13
CS-5.14
C5-5.15
CS-5.16
C5-5.17
C5-5.18
AWARD AND EXECUTION OF DOCUMENTS
Consideration of Proposals
Minority Business Enterpise
Women-Owned Business Enterprise
compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor's Obligations
Weekly Payroll
Contractor's Contract Administration
Venue
SCOPE OF WORK
Intent of Contract Documents
Special Provisions
Increased or Decreased Quantities
Alteration of Contract Documents
Extra Work
Schedule of Operations
Progress Schedules for Water and
Sewer Plant Facilities
CONTROL OF WORK AND MATERIALS
Authority of Engineer
Conformity with Plans
Coordination of Contract Documents
Cooperation of Contractor
Emergency and/or Rectification Work
Field Office
Construction Stakes
Authority and Duties of Inspectors
Inspection
Removal of Defective and Unauthorized
Substitute Materials or Equipment
Samples and Tests of Materials
Storage of Materials
Existing Structures and Utilities
Interruption of Service
Mutual Responsibility of Contractors
Cleanup
Final Inspection
C2-2 (4)
C2-2 (4)
C2-2 (4)
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)
(2)
(2)
(2)
(2)
(4)
(4)
(4)
(4)
(7)
(7)
(7)
(8)
C4-4 (1>
C4-4 (1>
C4-4 (1)
C4-4 (2>
C4-4 (2)
C4-4 (3)
C4-4 (4)
C5-S
C5-5
CS-5
C5-S
C5-5
C5-S
CS-S
CS-5
CS-5
Work CS-S
C5-5
C5-5
CS-5
CS-S
C5-S
CS-5
CS-5
CS-5
(1>
(1)
(2)
(2)
(3)
(3)
t3)
(4)
(5)
(5)
(5>
(6)
(6)
(7)
(7)
(8)
(8)
(9)
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C6-6
C6-6.1
C6-6.2
C6-6.3
C6-6.4
C6-6.5
C6-6.6
C6-6.7
r' C6-6. 8
C6-6.9
C6-6.10
C6-6.11
�.
C6-6.12
C6-6.13
�J C6-6. 14
C6-6.15
f C6-6.16
C6-6.17
�- C6-6. 18
� C6-6.19
C6-6.20
C6-6.21
C7-7
C7-7.1
C7-7.2
C7-7.3
C7-7.4
C7-7.5
C7-7.6
C7-7.7
C7-7.8
C7-7.9
C7-7.10
C7-7.11
C7-7.12
C7-7.13
C7-7.14
C7-7.15
C7-7.16
c�-�.1�
C8-8
C8-8.1
C8-8.2
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges of Contractor in Streets,
Alleys, and Right-of-Way
Railway Crossings
Barricades, Warnings and Watchmen
Use of Explosives, Drop Weight, etc.
Work Within Easements
Independent Contractor
Contractor's Responsibility for
Damage Claims
Contractor's Claim for�Damages
Adjustment of Relocation of Public
Utilities, etc.
Temporary Sewer Drain Connections
Arrangement and Charges of Water
Furnished by City
Use of a Section of Portion of the Work
Contractor's Responsibility for Work
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
PROSECUTION AND PROGRESS
Subletting
Assignment of Contract
Prosecution of the Work
Limitations of Operations
Character of Workman and Equipment
Work Schedule
Time of Commencement and Completion
Extension of time of Completion
Delays
Time of Completion
Suspension by Court Order
Temporary Suspension
Termination of Contract due to
National Emergency
Suspension of Abandonment of the
Work and Annulment of Contract
Fulfillment of Contract
Termination for Convenience of the Onwer
Safety Methods and Practices
MEASUREMENT AND PAYMENT
Measurement of Quantities
Unit Prices
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (2)
C6-6 (2)
C6-6 (3)
C6-6 (4)
C6-6 (4)
C6-6 (S)
C6-6 (6)
C6-6 (8)
C6-6 (8)
C6-6 (10)
C6-6 (10)
C6-6 (10)
C6-6
C6-6
C6-6
C6-6
C6-6
C6-6
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
C7-7
(1>
(1>
(1)
(2>
t2)
(3)
(4)
(4)
(4)
(5)
(6)
(6)
C7-7 (7)
C7-7 (7)
C7-7 (9)
c�—� cio>
C7-7 (13)
C8-8 (1)
C8-8 (1)
(3)
C8-8.3
C8-8.4
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8.10
C8-8.11
C8-8.12
C8-8.13
a
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adquacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 (4)
C8-8 (4)
C8-8 (5)
C8-8 (5)
C8-8 (S)
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PART C - GENERAL CONDITIONS
Cl-1 DEFINITIONS
SECTION Cl-1 DEFINITIONS
C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract
Documents the following terms or pronouns in place of them are
used, the intent and meaning shall be understood and
interpreted as follows:
C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of
the written and drawn documents, such as specifications,
bonds, addenda, plans, etc., which govern the terms and
performance of the contract. These are contained in the
General Contract Documents and the Special Contract Documents.
a, GENERAL CONTRACT DOCUMENTS: The General Contract
Documents govern al1 Water Department Projects and
include the following items:
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PART A- NOTICE TO BIDDERS (Sample)
PART B - PROPOSAL (Sample)
PART C - GENERAL CONDITIONS (CITY)
(Developer)
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
(Sample)
(Sample)
White
Wh�te
Canary Yellow
Brown
Green
E1-White
E2-Golden Rod
E2A-White
Blue
White
White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documents and
include the following items:
PART A- NOTICE TO BIDDERS
above
PART B - PRQA()�21T. (Rirll
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H- PLANS (Usually bound separately)
(Advertisement) Same as
Cl-1 (1)
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C1-1.3 N0TICE T0 BIDDERS: All of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the
notice to bidders.
C1-1,4 PR0P0SAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together with the bid security, constitutes the
Proposal, which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the 0wner.
C1-1.5 BIDDER: Any person, persons, firm, partnership,
company, association, corporation, acting directly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents,
constitutes a bidder.
C1-1.6 GENERAL C0NDITI0NS: The General Conditions are the
usual construction and contract requirements which govern the
performance of the work so that it will be carried on in
accordance with the customary procedure, the local statutes,
and requirements of the City of Fort Worth's charter and
promulgated ordinances.
Wherever there may be a conflict between the General
Conditions and Special Conditions, the latter shall take
precedence and shall govern.
C1-1.7 SPECIAL C0NDITI0NS: Special conditions are the
y specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions. When considered with the
General Conditions and other elements of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1.8 SPECIFICATI0NS: The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship, equipment and services in order to render a
completed and useful project. Whenever reference is made to
standard specifications, regulations, requirements, statutes,
etc., such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
C1-1.9 B0ND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
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Cl-1 t2)
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� faithful performance of the contract and include the
Following:
� a. Performance Bond (see paragraph C3-3.7)
b. Payment Bond (see paragraph C3-3.7)
c. Maintenance Bond (see paragraph C3-3.7)
� d. Proposal or Bid Security (see Special Instructions
to Bidders, Part A and C2-2.6)
_ C1-1.10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
� understanding of the two contracting parties about the project
to be completed under the Contract Documents,
',,., C1-l.11 PLANS: The plans are the drawings or reproductions
therefrom made by the Owner's representative showing in detail
� the location, dimension and position of the various elements
' of the project, including such profiles, typical
�" cross-sections, layout diagrams, working drawings, preliminary
� drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purpose of showing
�.• changes in the work hereinafter authorized by the Owner. The
plans are usually bound separately from ather parts of the
'' Contract Documents, but they are a part of the Contract
,, Documents just as though they were bound therein.
� C1-1.12 CITY: The City of Fort Worth, Texas, a municipal
corporation, authorized and chartered under the Texas State
' Statutes, acting by and through its governing body or its City
� Manger, each of which is required by charter to perform
specific duties. Responsibility for final enforcement of
� Contracts involving the City of Fort Worth is by Charter
- vested in the City Manager. The terms City and Owner are
' synonymous.
�
C1-1,13 CITY COUNCIL: The duly elected and qualified
governing body of the City of Fort Worth, Texas.
' C1-1.14 MAYOR: The officially elected Mayor, or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas.
C1-1.15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth, Texas, or his duly
authorized representative.
�
C1-1.16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth, Texas, or his duly authorized
representative.
Cl-1 (3)
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C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official
of the City of Fort Worth, referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1.18 DTRECTOR, CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department of the City of Fort
Worth, Texas, or his duly authorized representative,
assistant, or agents.
C1-1.19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department, or their duly
authorized assistants, agents, engineers, inspectors, or
superintendents, acting within the scope of the particular
duties entrusted to them.
C1-1.2� CONTRACTOR: The person, persons, partnership,
company, firm, association, or corporation, entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative. A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor, supplying labor and
materials or only labor, for work at the site of the project.
C1-1.21 SURETIES: The Corporate bodies which are bound by
such bonds are required with and for the Contractor. The `
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
C1-1.22 THE WORK OR PROJECT: The completed work contemplated
• in and covered by the Contract Documents, including but not
limited to the furnishing of all labor, materials, tools,
equipment, and incidentals necessary to produce a completed
and serviceable project.
C1-1.23 WORKING DAY: A working day is defined as a calendar
day, not including Saturdays, Sundays, and legal holidays, in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven (7) hours between
7:00 a.m, and 6:00 p.m., with exceptions as permitted in
paragraph C7-7.6.
C1-1.24 CALENDAR DAYS: A calendar day is any day of the week
or month, no days being excepted.
C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows:
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Cl-1 (4)
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2.
3.
4.
5.
6.
7.
8.
9.
New Year's Day January 1
M. L. King, Jr. Birthday Third Monday in January
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Thanksgiving Day Fourth Thursday in November
Thanksgiving Friday Fourth Friday in November
Christmas Day December 25
Such other days in lieu of
holidays as the City Council
may determine
When one of the above named holidays or a special holiday is
� declared by the City Council, falls on Saturday, the holiday
shall be observed on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
� employees working on working day operations. Employees
working calendar day operations will consider the calendar
holiday as the holiday.
�
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C1-1.26 ABBREVIATI0NS: Wherever the abbreviations defined
herein appear in Contract Documents, the intent and meaning
shall be as follows:
AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
Officials
RSCE - American Society of Civil CFS - Cubic Foot per
Engineers Second
LAW - In Accordance With
ASTM - American Society of Min. - Minimum
Testing Materials Mono.- Monolithic
AWWA - American Water Works $ � Percentum
Association R - Radius
ASA - American Standards Association I.D. - Inside Diameter
HI - Hydraulic Institute 0.D. - Outside
Diameter
Asph. - Asphalt Elev.- Elevation
Ave. - Avenue F - Fahrenheit
Blvd. - Boulevard C - Centigrade
CI - Cast Iron In. - Inch
CL - Center Line Ft. - Foot
GI - Galvanized Iron St. - Street
Lin. - Linear or Lineal CY - Cubic Yard
lb. - Pound Yd. - Yard
MH - Manhole SY � Square Yard
Max. - Maximum L.F. - Linear Foot
D.I. - Ductile Iron
Cl-1 (5)
■
C1-1.27 CHANGE ORDER: A"Change Order" is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature w�ich may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25$ of the amount of the particular item or items in
the original proposal.
All "Change Orders" shall be prepared by the City from
information as necessary furnished by the Contractor.
C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley
shall be defined as a street or alley having one of the
following.types of wearing surfaces applied over the natural
unimproved surface:
1.
2.
3.
4.
S.
Any type of asphaltic concrete with or without
separate base material.
Any type of asphalt surface treatment, not
including an oiled surface, with or without
separate base material.
Brick, with or without separate base material.
Concrete, with or without separate base material.
Any combination of the above.
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined
above for "Paved Streets and Alleys."
C1-1.30 CITY STREETS: A city street is defined as that area
between the right-of-way lines as the street is dedicated.
Cl-I.31 ROADWAY:
parallel lines two
(4') feet back of
exists.
The roadway is defined as the area between
(2') feet back of the curb lines or four
the average edge of pavement where no curb
C1-1.32 GRAVEL STREET: A gravel street is any unpaved street
to which has been added one or more applications of gravel or
similar material other than the natural material found on the
street surface before any improvement was made.
�,
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C1-1 (6)
a�
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with
,_, proposal.form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
� which bid prices are requested. The Proposal form will state
the Bidder's general understanding of the project to be
`" completed, provide a space for furnishing the amount of bid
security, and state the basis for entering into a formal
� contract. The Owner will furnish forms for the Bidder's
"Experience Record," "Equipment Schedule," and "Financial
Statement," all of which must be properly executed and filed
with the Director of the City Water Department one week prior
� to the hour for openinq of bids.
� The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have been so
� prepared as to reflect the current financial status. This
statement must be current and not more than one (1) year old.
In the case that a bidding date falls within the time a new
� statement is being prepared, the previous statement shall be
updated by proper verification. Liquid assets in the amount
of ten (10$> percent of the estimated project cost will be
{� required.
`" For an experience record to be considered to be acceptable for
' a given project, it must reflect the experience of the firm
� seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received, and such experience must have been on projects
+' completed not more than five (S) years prior to the date on
,' which are to be received. The Director of the Water
� department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
� Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
project on which he submits a bid.
C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work
and materials to be furnished as may be listed in the proposal
C2-2(1)
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forms or other parts of the Contract Documents will be �
considered as approximate only and will be used for the
Qurpose of comparing bids on a uniform basis. Payment will be �
made to the Contractor for only the actual quantities of work �
performed or materials furnished in strict accordance with the �
Contract Documents and Plans. The quantities of work to be
performed and materials to be furnished may be increased or �
decreased as hereinafter provided, without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents. �
C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT:
Bidders are advised that the Contract Documents on file with �
the Owner shall constitute all of the information which the
Owner will furnish. All additional information and data which '�'
the owner will supply after promulgation of th? formal �
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just �
as though such addenda were actually written into the original
Contract Documents. ++�
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents, to visi,t the
site of the project and examine carefully all local
conditions, to inform themselves by their own independent
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of the
conditions which will be encountered during the construction
of the project. They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time required for
its completion, and obtain all information required to make an
' intelligent proposal. No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates,
investigation, research, tests, explorations, 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 is prima-facie evidence that the
bidder has made the investigations, examinations and tests
herein required. Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct. Neither the
C2-2(2)
�
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� Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist,
f C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shalZ submit his
, Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices,
written in ink in both words and numerals, for which he
" proposes to do the work contemplated or furnishe the materials
required, All such prices shall be written legibly. In case
� of discrepancy between the price written in words and the
price written in numerals, the price most advantageous to the
City shall govern.
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If a proposal is submitted by an individual, his or her name
must be signed by him (her) or his (her) duly authorized agent.
If a proposal is submitted by a firm, association, or
partnership, the name and address of each member must be
given, and the proposal must be signed by a member of the
firm, association, or partnership, or by a person duly
autharized. If a proposal is submitted by a company or
corporation, the company or corporate name and business
address �nust be given, and the proposal signed by an official
or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
proposal must be properly certified and must be in writing and
submitted with the proposal.
C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if
they show any alteration of words or figures, additions not
called far, conditional or uncalled for alternate bids,
incomplete bids, erasures, or irregularities of any kind, or
contain unbalance value of any items. Proposal tendered or
delivered after the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
C2-2.6 BID SECURITY: No proposal will be considered unless it
is accompanied by a"Proposal Security" of the character and
in the amount indicated in the "Notice to Bidders" and the
"Proposal." The Bid Security is required by the Owner as
�evidence of good faith on the part of the Bidder, and by way
,� of a guaranty that if awarded the contract, the Bidder will
within the required time execute a formal contract and furnish
� the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
is awarded or other disposition is made thereof. The bid
}_ security of all other bidders may be returned promptly after
� the canvass of bids.
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C2-2(3)
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C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered, accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders." It is the Bidder's sole responsibility to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered.
The Bidder �nust have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL," and the name or description of the project as
designated in the "Notice to Bidders." The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for
opening proposals. A request for non-consideration of a
pr000sal must be made in writing, addressed to the City
Manager, and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed may, at the option of the Owner, be returned
unopened.
C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time
prior to the time set for opening proposals, provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time. If such confirmation is not received
within forty-eight (48) hours after the proposal opening time,
no further consideration will be given to the proposal.
C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "Non-consideration Request"
has been received will be publicly opened and read aloud by
the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders." Al1 proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. Bidders or their
authorized representatives are invited to be present for the
opening of bids.
C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions, alterations of
form, additions, or conditions not called for, unauthorized
alternate bids, or irregularities of any kind. However, the
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C2-2(4)
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� Owner reserves the right to waive any and all irregularities
and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
r" irregularity which cannot be waived.
C2-2.12 DISQUALIFZCATION OF BIDDERS: Bidders may be
. disqualified and their proposals not considered for any of,
but not limited to, the following reason:
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a. Reasons for believing that collusion exists among
~� bidders.
, b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
�" contemplated.
c. The bidder being interested in any litigation
� against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
ti�• d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The bidder having performed a prior contract in an
�_ unsatisfactory manner.
f. Lack of competency as revealed by the financial
� statement, experience record, equipment schedule,
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and such inquiries as the Owner may see fit to make.
g. Uncompleted work which, in the judgment of the
,. Owner, will prevent or hinder the prompt completion
of additional work if awarded.
''_'- h. The bidder not filing with the Owner, one week in
advance of the hour of the opening of proposals the
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�� condition of the bidder as specified in Part
"A" - Special Instructions.
� 2. A current experience record showing especially
{ the projects of a nature similar to the one
under consideration, which have been
� successfully completed by the Bidder.
3. An equipment schedule showing the equipment
' the bidder has available for use on the
., project.
.. The Bid Proposal of a bidder who, in the judgment of the
Engineer, is disqualified under the requirements stated
�' herein, shall be set aside and not opened.
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PART C - GENERAL CONDITIONS
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
` C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
�basis of the quoted prices, the quantities shown in the
,� proposal, and the application of such formulas or other
methods of bringing items to a common basis as may be
,� established in the Contract Documents.
`� The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
� items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
Until the award of the contract is made by the Owner, the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new progosals, or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
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C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE; Contractor agrees to provide to Owner,
upon request, complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE)
and or a a Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees,
upon request by Owner, to allow and audit and/or an
examination of any books, records, or files in the possession
of Contractor that wiZl substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and for
initiating any action under appropriate federal, state or
local laws and ordinances relating to false statements;
further, any such misrepresentatian may be grounds for
disqualification of Contractor at Owner's discretion for
bidding on future Contracts with the Owner for a period of
time of not less than six (6) months.
C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices.
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C3-3 (1)
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The Contractor shall post the required notice to that effect
on the project site, and, at his request, will be provided
assistance by the City of Fort Worth's Equal Employment
Officer who will refer any qualified applicant he may have on
file in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer,
C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been
read by the Owner it cannot be withdrawn by the Bidder within
forty-five (45) days after the date on which the proposals
were opened.
C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to
withholdfinal action on the proposals for a reasonable time,
not to exceed forty-five (45) days after the date of opening
proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee.
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed
price totals have been determined for comparison of bids, the
Owner may, at its discretion, return the proposal security
which accompanied the proposals which, in its judgment, would
not be considered for the award. Al1 other proposal
securities, usually those of the three lowest bidders, will be
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned by the
City Secretary.
C3-3.7 BONDS: With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bonds:
a. PERFORMANCE BOND: A good and sufficient
performance bond in an amount not less than 100
percent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise,
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons
against darnage by reason of negligence of the
Contractor, or improper execution of the work or
the use of inferior materials. This performance
C3-3 (2)
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� bond shall guarantee the payment for all labor,
materials, equipment, supplies, and services used
in the construction of the work, and shall remain
� in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
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b. MAINTENANCE BOND: A good an
maintenance bond, in the amount of
100 percent of the amount of the
evidenced by the proposal tabulation
guaranteeing the prompt, full
performance of the general guaranty
forth in paragraph C8-8.10.
d sufficient
not less than
contract, as
or otherwise,
and faithful
which is set
c. PAYMENT BOND: A good and sufficient payment bond,
in an amount not less than 100 percent of the
amount of the contract, as evidenced by the
proposal tabulation or otherwise, guaranteeing the
prompt, f ull and faithful payment of all claimants
as defined in Article 5160, Revised Civil Statutes
of Texas, 1925, as amended by House Bill 344 Acts
56th Legislature, Regular Session, 1959, effective
April 27, 1959, and/or the latest version thereof,
supplying labor and materials in the prosecution of
the work provided for in the contract being
constructed under these specifications. Payment
Bond shall remain in force until all payments as
above stipulated are made.
d, OTHER BONDS: Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
time in default or delinquent on any bonds or which are
interested in any litigation against the owner. All bonds
shall be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the
City of Fort Worth, Texas, and which is acceptable to the
owner. In order to be acceptable, the name of the surety
shall be included on the current U.S. Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
executed by both the Contractor and Surety Company.
Should any surety on the contract be determined unsatisfactory
at any time by the Owner, notice will be given the Contractor
to that effect and the Contractor shall immediately provide a
C3-3 (3)
new surety satisfactory to the Owner. No payment will be made
under the contract until the new surety or sureties, as
required, have qualified and have been accepted by the Owner.
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract., the Contractor shall execute and file with the Owner
the Contract and such bonds as may be required in the Contract
Documents.
No contract shall be binding upon the owner until it has been
attested by the City Secretary, approved as to form and
legality by the City Attorney, and executed for the Owner by
ezther the Mayor or City Manager.
C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the
Awardee to execute the required bond or bonds or to sign the
required contract within ten (10) days after the contract is
awarded shall be considered by the Owner as an abandonment of
his proposal, and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor,
and it being impracticable and difficult to accurately
determine the amount of damages occuring to the Owner by
reason of said awardee's failure to execute said bonds and
contract within ten (10) days, the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
- The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3.10 BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do s� by the Owner.
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written
authorization usually termed the "Work Order" or "Proceed
Order", it is agreed that the Surety Company will, within ten
(10) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract.
C3-3.11 INSURANCE: The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
been approved by the Owner. The prime Contractor shall be
responsible for delivering to the Owner the sub-contractors'
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C3-3 (4)
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- certificate of insurance for approval. The prime contractor
shall indicate on the certificate of insurance included in the
�' documents for execution whether or not his insurance covers
sub-contractors. It is the intention of the Owner that the
�insurance coverage required herein shall include the coverage
� of all sub-contractors.
� a. COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this contract,
Workers' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors.
�� In case any class of employees engaged in hazardous
work on the project under this contract is not
�� protected under the Workers' Compensation Statute,
� the Contractor shall provide adequate employer's
general liability insurance for the protection of
such of his employees not so protected.
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b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during
rthe life of this contract Contractor's
` Comprehensive General Liability Insurance (Public
Liability and Property Damage Insurance) in an
r amount not less than $500,000 covering each
. occurrence on account of bodily injury, including
death, and in an amount not less than $500,000
� covering each occurrence on account of property
, damage with $2,000,000 umbrella policy coverage.
• c. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
� above-mentioned policies, and in the amount as set
forth for public liability and property damage, the
„ following insurance: {
l. Contingent Liability (covers General
Contractor's Liability for acts of
sub-contractors).
2. Blasting, prior to any blasting being done.
3. Collapse of buildings or structures adjacent
to excavation (if excavations are to be
performed adaacent to same>.
4. Damage to underground utilities for $500,000.
C3-3 (S)
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Builder's risk (where above-ground structures
are involved).
Contractual Liability (covers all
indemnification requirements of Contract>.
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life of this Contract, Comprehensive
Automobile Liability insurance in an amount not
Iess than $250,000 for injuries including
accidental death to any one person and subject to
the same limit for each person an amount not less
than $500,000 on account of one accident, and
automobile property damage insurance in an amount
not less than $100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The
insurance required under the above paragraphs shall
provide adequate protection for the Contractor and
his sub-contractors, respectively, against damage
claims which may arise from operations under this
contract, whether such operations be by the insured
or by anyone directly or indirectly employed by
him, an3 also against any of the following soecial
hazards which may be encountered in the performance
of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor
shall furnish the Owner with satisfactory proof of
coverage by insurance required in these Contract
Documents in amounts and by carriers satisfactory
to the Owner. (Sample attached.) All insurance
requirements made upon the Contractor shall apply
to the sub-contractor, should the Prime
Contractor's insurance not cover the
sub-contractor's work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom the
Contractor's insurance and performance, payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
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C3-3 (6)
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City of Fort Worth, Tarrant County, Texas. Each
such agent shall be a duly qualified, one upon whom
service of process may be had, and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
settle with the City of Fort Worth, or any other
claimant, any claims that the City of Fort Worth or
other claimant or any property owner who has been
damaged, may have against the Contractor,
insurance, and/or bonding company. If the local
insurance representative is not so empowered by the
insurance or bonding companies, then such authority
must be vested in a local agent or claims officer
residing in the Metroplex, the Fort Worth-Dallas
area. The name of the agent or agents shall be set
forth on all of such bonds and certificates of
insurance.
C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the
Contractor shall pay for all materials, labor and services
when due.
C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll
covering payment of wages to all person engaged in work on the
project at the site of the project shall be furnished to the
Owner's representative within seven (7) days after the close
of each payroll period. A copy or copies of the applicable
minimum wage rates as set forth in the Contract Documents
shall be kept posted in a conspicuous place at the site of the
project at all times during the course of'the Contract.
Copies of the wage rates will be furnished the Contractor, by
the Owner; however, posting and protection of the wage rates
shall be the responsibility of the Contractor.
C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor,
whether a person, persons, partnership, company, firm,
association, corporation or other who is approved to do
business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will
have or shall establish a fully operational business office
within the Fort Worth-Dallas metropolitan area. The
Contractor shall charge, delegate, or assign this office (or
he may delegate his Project Superintendent) with full
authority to transact all business actions required in the
performance of the Contract. This local authority shall be
made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be
administrative or otherwise and as such shall be empowered,
thus delegated and directed, to settle all material, labor or
other expenditures, all claims against the work or any other
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matter associated such as maintaining adequate and appropriate
insurance or security coverage for the project. Such local
authority for administration of the work under the Contract
sha11 be maintained until all business transactions executed
as part of the Contract are complete.
Should the Contractor's principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor's assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable,
by the Contractor's responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents. The
intent of these requirements is that all matters associated
with the Contractor's administration, whether it be oriented
in furthering the work, or other, be g overned direct by local
authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor's local representative
fail to perform to the satisfaction of Engineer, the Engineer,
at his sole discretion, may demand that such local
representative be replaced and the Engineer may, at his sole
discretion, stop all work until a new local authority
satisfactory to the Engineer is assigned. No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
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C3-3.15 VENUE: Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas. �
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C3-3 (8) �
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PART C - GENERAL C0NDITI0NS
C4-4 SC0PE 0F W0RK
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SECTI0N C4-4 SC0PE 0F W0RK
� C4-4.1 INTENT 0F C0NTRACT D0CUMENTS: It is the definite
+-- intention of these Contract Documents to provide for a
complete, useful project which the Contractor undertakes to
construct or furnish, all in full compliance with the
� requirements and intent of the Contract Documents. It is
definitely understood that the Contractor shall do all work as
� provided for in the Contract Documents, shall do all extra or
special work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
� these Contract Documents, furnish all labor, tools, materials,
machinery, equipment, special services, and incidentals
necessary to the prosecution and completion of the project.
� C4-4.2 SPECIAL PR0VISI0NS: Should any work or conditions
which are not thoroughly and satisfactorily stipulated or
covered by General or Special Conditions of these Contract
� Documents be anticipated, or should there be any additional
�- proposed work which is not covered by these Contract
Documents, then "Special Provisions" covering all such work
� will be prepared by the Owner previous to the time of
:.., receiving bids or proposals for such work and furnished to the
Bidder in the form of Addenda. Al1 such "Special Provisions"
shall be considered to be a part of the Contract Documents
just as though they were originally written therein.
�C4-4.3 INCREASED 0R DECREASED QUANTITIES: The Owner reserves
� the right to alter the quantities of the work to be perf ormed
`�• or to extend or shorten the improvements at any time when and
as found to be necessary, and the Contractor shall perform the
r work as altered, increased or decreased at the unit prices.
�. Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items.
�� When such changes increase or decrease the original quantity
� of any item or items of work to be done or materials to be
furnished by the 25 percent or more, then either party to the
r contract shall upon written request to the other party be
� entitled to a revised consideration upon that portion of the
� work above or below the 25 percent of the original quantity
stated in the proposal� such revised consideration to be
� determined by special agreement or as hereinafter provided for
,. "Extra Work." No allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (1)
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waiving or invalidating any conditions or provisions of the �
Contract Documents.
Variations in quantities of sanitary sewer pipes in depth �
categories, shall be interpreted herein as applying to the
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories. �,
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contract �
Documents and in the character or quantities of the work as
may be necessary or desirable to insure completion in the most
satisfactory manner, provided such changes do not materially �
alter the original Contract Documents or change the general �
nature of the project as a whole. Such changes shall not be
considere3 as waiving or invalidating any condition or
provision of the Contract Documents. �'
C4-4.5 EXTRA WORK: Additional work made necessary by changes
and alterations of the Contract Documents or of quantities or
for other reasons for which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; provided,
however, that before any extra work is begun a"Change Order"
shall be executed or written order issued by the Owner to do
the work for payments or credits as shall be determined by one
or more combination of the following methods:
a. Unit bid price previously approved.
b. An agreed lump sum.
c. The actual reasonable cost of (1) labor, (2) rental �
of equipment used on the extra work for the time so
used at Associated General Contractors of America
current equipment rental rates; (3) materials �
entering permanently into the project, and (4)
actual cost of insurance, bonds, and social
security as determined by the Owner, plus a fixed �
fee to be agreed upon but not to exceed 10$ of the �
actual cost of such extra work. The fixed fee is
not to include any additional profit to the
Contractor f or rental of equipment owned by him and �
used for the extra work. The fee shall be full and
complete compensation to cover the cost of
superintendence, overhead, other profit, general �
and all other expense not included in (1), (2),
(3), and (4> above. The Contractor shall keep
accurate cost records on the form and in the method
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suggested by the Owner and shall give the Owner
access to all accounts, bills, vouchers, and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner. In case any orders or
instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive
compensation, he shall make written request to the Engineer
for written orders authorizing such Extra Work, prior to
beginning such work.
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment thereof, and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep an accurate account of the actual
reasonable cost thereof as provided under method (Item C).
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within f ive ( 5) days
before the time for making the first estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering all labor and
materials expended upon the said Extra Work.
The Contractor shall furnish the Owner such installation
records of all deviations from the original Contract Documents
as may be necessary to enable the Owner to prepar2 for
permanent record a corrected set of plans showing the actual
installation. �
r The compensation agreed upon for 'extra work' whether or not
� iniitiated by a'change order' shall be a full, complete and
final payment for all costs Contractor incurs as a result or
relating to the change or extra work, whether said costs are
�, known, unknown, foreseen or unforeseen at that time, including
without limitation, any costs for delay, extended overhead,
.� ripple or impact cost, or any other effect on changed or
; unchanged work as a result or the change or extra work.
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C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work
under this contract, the Contractor shall submit to the Owner
and receive the Owner's approval thereof, a"Schedule of
Operations," showing by a straight line method the date of
commencing and finishing each of the major elements of the
contract. There shall be also shown the estimated monthly
cost of work for which estimates are to be expected. There
C4-4 (3)
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shall be presented also a composite graph showing the �
anticipated progress of construction with the time being
plotted horizontally and the percentage of completion plotted �
vertically. The progress charts shall be prepared on 8-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to the Owner. �
C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT
FACILITIES: Within ten (10) days prior to submission of
first monthly progress payment, the Contractor shall
prepare and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities (including procurement of materials, plans, and
equipment) and the contemplated dates for completing the
same. The schedule shall be in the form of a time schedule
Critical Path Method (CPM) network diagram. As the work
progresses, the Contractor shall enter on the diagram the
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to reflect any
adjustments in contract time approved by the Engineer.
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal
and in the technical specifications.
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Prior to the final drafting of the detailed construction �
schedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor's understanding �
of the contract requirements. �
The following guidelines shall be adhered to in preparing
the construction schedule: �,
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a. Milestone dates and final project completion ,
dates shall be developed to conform to time '
constraints, sequencing requirements and f`
completion time. Wi
b. The construction process shall be divided into �'.
activities with time durations of approximately �
fourteen (14) days and construction values not to
exceed $50,000. Fabrication, delivery and ,,.,
submittal activities are exceptions to this �
guideline.
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c. Durations shall be in calendar days and normal
holidays and weather conditions over the duration
of the contract shall be accounted for within the
duration of each activity.
d. One critical path shall be shown on the
construction schedule.
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e. Float time is defined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use or benefit of either the Contractor
or the Owner.
f. Thirty days shall be used for submittal review
unless otherwise specified. .
The construction schedule shall as a minimum be divided
into general categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
this Section.
For each of the trades or subcontracts, the construction
� schedule shall indicate the following procurements,
construction and preacceptance activities and events in
their logical sequence for equipment and materials.
Preparation and transmittal of submittals.
Submittal review periods.
3. Shop fabrication and delivery.
4. Erection or installation.
5.
6.
7.
8.
Transmittal of manufacturer's operation and
maintenance instructions.
Installed equipment and materials testing.
Owner's operator instruction (if applicable).
Final inspection.
C4-4 (5)
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9. Operational testing.
10. Final inspection.
If, in the opinion of the Owner, work accomplished falls
behind that scheduled, the Contractor shall take such �
action as necessary to improve his progress. In addition,
the Owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure completion �
of the work within the contract time. If the Owner finds
the proposed plan not acceptable, he may require the
Contractor to increase the work force, the construction �
plant and equipment, the number of work shifts or the
overtime operations without additional cost to the Owner.
Failure of the Contractor to comply with these requirements
shall be considered grounds for determination by the Owner
that the Contractor is failing to prosecute the work with
such diligence as will insure its completion within the
time specified.
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PART C - GENERAL
C5-S CONTROL OF
MATERIALS
SECTION CS-5 CONTROL OF WORK AND MATERIALS
CONDITIONS
WORK AND
CS-5.1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents. He shall decide all questions which
arise as to the quality and acceptability of materials
furnished, work performed, rate of progress of the work,
overall sequence of the construction,' interpretation of the
Contract Documents, acceptable fulfillment of the contract,
compensation, mutual rights between Contractor and Owner under
these Contract Documents, supervision of the work, resumption
of operations, and all other questions or disputes which may
arise. Engineer will not be responsible for Contractor's
means, methods, techniques, sequences or procedures of
construction, or the safety precaution and programs incident
thereto, and he will not be responsible for Contractor's
failure to perform the work in accordance with the contract
documents.
He shall determine the amount and quality of the work
completed and materials furnished, and his decisions and
estimates shall be final. His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract. The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters, the Engineer must, �aithin a reasonable time, upon
written request of the Contractor, render and deliver to both
the Owner and Contractor, a written decision on the matter in
controversy.
C5-5.2 CONFORMITY WITH PLANS: The finished project in all
cases shall conform with lines, grades, cross-sections,
finish, and dimensions shown on the plans or any other
requirements otherwise described in the Contract Documents.
Any deviation from the approved Contract Documents required by
the Engineer during construction will in all cases be
determined by the Engineer and authorized by the Owner by
Change Order.
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CS-S (1)
CS-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract
Documents are made up of several sections, which, taken
together, are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies, figured dimension shall
govern over scaled dimensions, plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal.
The Contractor shall not take advantage of any apparent error
or omission in the Contract Documents, and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents. In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and sha11
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer, his inspector, and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent, English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor's agent on the work. Such
superintendent and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner, the Engineer, or his
authorized representatives. Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor's
agent on the work. Such assistant project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer determines that circumstances require the presence on
the project site of a representative of the Contractor to
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� adequately provide for the safety or convenience of the
'' traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
'� project routing.
The Contractor shall provide all facilities to enable the
� Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
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CS-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the
opinion of the Owner or Engineer, a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative, shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition. Such a
response shall occur day or night, whether the project is
scheduled on a calendar-day or on a working-day basis.
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies, omissions, or
corrections necessary to conform with the requirements of the
project specifications or plans, the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking
the proper action, within 24 hours, the City may take such
remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such
remedial action, plus 25$, from any funds due the Contractor
on the project.
�.. CS-5.6 FIELD OFFICE: The Contractor shall provide, at no
extra compensation, an adequate field office for use of the
r- Engineer, if specifically called for. The field office shall
�� be not less than 10 by 14 feet in floor area, substantially
constructed, well heated, air conditioned, lighted, and
�, weather-proof, so that documents will not be damaged by the
elements.
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C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer,
will furnish the Contractor with all lines, grades, and
measurements necessary to the proper prosecution and control
of the work contracted for under these Contract Documents, and
lines, grades and measurements will be established by means of
stakes or other customary method of marking as may be found
consistent with good practice.
CS-5 (3)
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These stakes or markings shall be set sufficiently in advance
of construction operations to avoid delay. Such stakes or
markings as may be established for the Contractor's use or
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. Whenever, in the
opinion of the Engineer, any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by
the Contractor or any of his employees, the full cost of
replacing such stakes or marks plus 25$ will be charged
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
CS-5.8 AUTH0RITY AND DUTIES OF CITY INSPECT0RS: City
Inspectors will be authorized to inspect all work done and to
be done and all materials furnished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or equipment to be
installed. A City Inspector may be stationed on the work to
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence
that the materials being furnished or the work being performed
by the Contractor fails to fulfill the requirements of the
Contract Documents, and to call the attention of the
Contractor to any such failure or other infringements. Such
inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract Documents.
In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer. The City Inspector will not,
however, be authorized to revoke, alter, enlarge, or release
any requirement of these Contract Documents, nor to approve or
accept any portion or section of the work, nor to issue any
instructions contrary to the requirements of the Contract
Documents. He will in no case act as superintendent or
foreman or perform any other duties for the Contractor, or
interfere with the management or operation of the work. He
will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard
and obey the directions and instructions of the City Inspector
or Engineer when the same are consistent with the obligations
of the Contract Documents, provided, however, should the
Contractor object to any orders or instructions of the City
Inspector, the Contractor may within six days make written
appeal to the Engineer for his decision on the matter in
controversy.
C5-5 (4)
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� C5-5.9 INSPECTION: The Contractor shall furnish the Engineer
with every reasonable facility for ascertaining whether or not
the work as performed is in accordance with the requirements
f of the Contract Documents. If the Engineer so requests, the
Contractor shall, at any time before acceptance of the work,
remove or uncover such portion of the finished work as may be
. directed. After examination, the Contractor shall restore
said portions of the work to the standard required by the
`" Contract Documents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
� should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
� Contractor's expense. No work shall be done or materials used
without suitable supervision or inspection.
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CS-5.10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials, or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by
the Contractor at his own ex.pense. Work done beyond the lines
and grades given or as shown on the plans, except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for by the
Owner. Work so done may be ordered removed at the
Contractor's expense. Upon the failure on the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph, the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due to
the Contractor. Failure to require the removal of any
defective or unauthori.zed work shall not constitute acceptance
of such works.
CS-5.11 SUBSTITUTE MATERIALS OR EQUIPMENT: If the
Specifications, law, ordinance, codes or regulations permit
Contractor to furnish or use a substitute that is equal to any
material or equipment specified, and if Contractor wishes to
furnish or use a proposed substitute, he shall, prior to the
preconstruction conference, make written application to
ENGINEER for approval of such substitute certifying in writing
that the proposed substitute will perform adequately the
functions called for by the general design, be similar and of
equal substance to that specified and be suited to the same
use and capable of performing the same function as that
specified; and identifying all variations of the proposed
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CS-S (S)
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substitute from that specified and indicating available �
maintenance service. No substitute shall be ordered or
installed without the written approval of Engineer who will be
the judge of the equality and may require Contractor to �
furnish such other data about the proposed substitute as he
considers pertinent. No substitute shall be ordered or
installed without such performance guarantee and bonds as �
Owner may require which shall be furnished at Contractor's ir�
expense.� Contractor shall indemnify and hold harmless Owner
and Engineer and anyone directly or indirectly employed by �
either of them from and against the claims, damages, losses
and expenses (including attorneys fees) arising out of the use
of substituted materials or equipment. �ti
C5-5.12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion "�
of the Engineer, or as called for in the Contract Documents,
tests of materials or equipment are necessary, such tests wi11 �
be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided.
The failure of the Owner to make any tests of materials shall �
be in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of �
materials, unless otherwise specified, will be made in
accordance with the latest methods prescribed by the American
Society for Testing Materials or specific requirements of the
Owner. The Contractor shall provide such facilities as the �
Engineer may require for collecting and forwarding samples and
shall not, without specific written permission of the
Engineer, use the materials represented by the samples until �
tests have been made and the materials approved for use. The
. Contractor will furnish adequate samples without charge to the
Owner. _
In case of concrete, the aggregates, design minimum, and the
mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Contactor
shall be responsible for replacing any concrete which does not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prior to the placing of concrete,
using samples from the same aggregate, cement, and mortar
which are to be used later in the concrete. Should the source
of supply change, new tests shall be ma3e prior to the use of
the new materials.
CS-5.13 STORAGE OF MATERIALS: All materials which are to be
used in the construction operation shall be stored so as to �"
insure the preservation of the quality and fitness of the work. �,
When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean durable surfaces and not on the ,
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C5-5 (6) ,
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ground, 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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CS-5.14 EXISTING STRUCTURES AND UTILITIES: The location and
dimensions shown on the Plans relative to existing utilities
� are based on the best information available. Omission from, or
the inclusion of utility locations on the Plans is not to be
"- considered as the nonexistence of, or a definite location of,
existing underground utilities. The location of many gas
mains, water mains, conduits, sewer lines and service lines
for all utilities, etc., is unknown to the Owner, and the
Owner assumes no responsibility for failure to show any or all
� such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure
will not be considered sufficient basis for claims for
additional compensation for Extra Work or for increasing the
� pay quantities in any manner whatsoever, unless an obstruction
encountered is such as to necessitate changes in the lines and
grades of considerable magnitude or requires the building of
special works, provision for which is not made in the Contract
�„ Documents, in which case the provision in these Contract
Documents for Extra Work shall apply.
� It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advance of construction in order that he may negotiate such
� local adjustments as necessary in the construction process to
provide adequate clearances. The Contractor shall take all
necessary precautions in order to protect all existing
�� utilities, structures and service lines. Verification of
�, existing utilities, structures and service lines shall include
_ notification of all utility companies at least forty eight
(48) hours in advance of construction including exploratory
�, excavation if necessary. All verification of existing
utilities and their adjustment shall be considered as
_, subsidiary work.
C5-5.15 INTERRUPTION OF SERVICE:
j� a. Normal Prosecution: In the normal prosectuion of
�L work where the interruption of service is necessary,
the Contractor, at least 24 hours in advance, shall
be required to:
� 1. Notify the Water De artment's Distribution
P
Division as to location, time, and schedule of
� service interruption.
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C5-5 (7)
2. Notify each customer personall}
responsible personnel as to time and
of the interruption of their service,
through
schedule
or
3. In the event that personal notification of a
3 customer cannot be made, a prepared tag form
shall be attached to the customer's entrance
door knob. The tag shall be durable in
composition, and in large bold type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of and .
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
b. Emerqency: In the event that an unforeseen service
interruption occurs, notice shall be as above,but
immediate.
� C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through
acts or neglect on the part of the Contractor, any other
Contractor or any sub-contractor shall suffer loss or damage
on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor, who
shall indemnify and save harmless the Owner against any such
claim.
C5-5.17 CLEAN-UP: Clean-up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer. Twenty-fours fours after
written notice is given to the Contractor that the clean-up on
the job site is proceeding in a manner unsatisfactory to the
Engineer, if the Contractor fails to correct the
CS-5 (8)
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as the Engineer deems appropriate to correct the clean-up
deficiencies cited to the Contractor in the written notice,
and the costs of such direct action, plus 25$ of such costs,
� shall be deducted from monies due or to become due to the
Contractor.
�' Upon the completion of the project as a whole as covered by
, these Contract Documents, and before final acceptance and
final payment will be made, the Contractor shall clean and
remove from the site of the project all surplus and discarded
materials, temporary structures, and debris of every kind. He
"�' shall leave the site of all work in a neat and orderly
condition equal to that which originally existed. Surplus and
�� waste materials removed from the site of the work shall be
.r disposed of at locations satisfactory to the Engineer. The
Contractor shall thoroughly clean all equipment and materials
f� installed by him and shall deliver over such materials and
�, equipment in a bright, clean, polished and new appearing
condition. No extra compensation will be made to the
�.-. Contractor for any clean-up required on the project.
' CS-5.18 FINAL INSPECTION: Whenever the work provided for in
, and contemplated under the Contract Documents has been
satisfactorily completed and final cleanup performed, the
Engineer will notify the proper officials of the Owner and
request that the Final inspection be made. Such inspection
will be made within 10 days after such notification. After
such final inspection, if the work and materials and equipment
� are found satisfactory, the Contractor will be notified in
.. writing of the acceptance of the same after the proper
resolution has been passed by the City Council. No time
charge will be made against the Contractor between said date
of notification of the Engineer and the date of final
� i.nspection of the work.
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CS-5 (9)
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PART C - GENERAL CONDITIONS
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
� C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times
observe and comply with all Federal and State Laws and City
ordinances and regulations which in any way affect the conduct
of the work or his operations, and shall observe and comply
with a1Z orders, laws, ordinances and regulations which exist
.... or which may be enacted later by bodies having jurisdiction or
authority for such enactment. No plea of misunderstanding or
ignorance thereof will be considered. The Contractor and his
� Sureties shall indemnify and save harmless the City and all of
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its officers, agents, and employees against any and all claims
�,_ or liability arising from or based on the violation of any
such law, ordinance, regulation, or order, whether it be by
� himself or his employees.
rT C6-6.2 PERMITS AND LICENSES: The Contractor shall procure all
� permits and licenses, pay all charges, costs and fees, and
give all notices necessary and incident to the due and lawful
�� prosecution of the work.
C6-6.3 PATENTED DEVICES{ MATERIALS AND PROCESSES: If the
Contractor is required or desires to use any design, device,
material, or process covered by letter, patent, or copyright,
- he shall provide for such use by suitable legal agreement with
the patentee or owner of such patent, letter, or copyrighted
design. It is mutually agreed and understood that without
exception the contract prices shall include all royalties or
cost arising from patents, trade-marks, and copy rights in any
way involved in the work. The Contractor and his sureties
shall indemnify and save harmless the Owner from any and all
" claims for infringement by reason of the use of any such
patented design, device, material or process, or any
trade-mark or copy right in connection with the work agreed to
be performed under these Contract Documents, and shall
indemnify the Owner for any cost, expense, or damage which it
' may be obliged to pay by reason of such infringement at any
, time during the prosecution of the work or after completion of
the work, provided, however, that the Owner will assume the
responsibility to defend any and all suits brought for the
infringement of any patent claimed to be infringed upon by the
design, type of construction or material or equipment
__ specified in the Contract Documents furnished the Contractor
by the Owner, and to hold the Contractor harmless on account
of such suits.
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C6-6 (1>
C6-6.4 SANITARY PROVISIONS: The Contractor shall establish
and enforce among his employees such regulations in regard to
cleanliness and disposal of garbage and waste as wi11 tend to
prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance
about the work on any property either public or private, and
such regulations as are required by Law shall be put into
immediate force and effect by the Contractor. The necessary
sanitary conveniences for use of laborers on the work,
properly secluded from public observation, shall be
constructed and maintained by the Contractor and their use
shall be strictly enforced by the Contractor. All such
facilities shall be kept in a clean and sanitary condition,
free from objectionable odors so as not to cause a nuisance.
Al1 sanitary laws and regulations of the State of Texas and
the City shall be strictly complied with.
C6-6.5 PUBLIC SAFETY AND CONVENIENCE: Materials or equipment
stored about the work shall be so placed and used, and the
work shall at all times be so conducted, as to cause no
greater obstruction or inconvenience to the public than is
considered to be absolutely necessary by the Engineer. The
Contractor is required to maintain at all times all phases of
his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe
and convenient ingress and egress to property contiguous to
the work area. The Contractor shall make adequate provisions
to render reasonable ingress and egress for normal vehicular
traffic, except during actual trenching or pipe installation
operations, at all driveway crossings. Such provisions may
include bridging, placement of crushed stone or gravel or such
other means of providing proper ingress and egress for the
property served by the driveway as the Engineer may approve as
appropriate. Such other means may include the diversion of
driveway traffic, with specific approval by the Engineer. If
diversion of traffic is approved by L•he Engineer at any
location, the Contractor shall make arrangements satisfactory
to the Engineer at any location, the Contractor shall make
arrangements satisfactory to the Engineer for the diversion of
traffic, and shall, at his own expense, provide all materials
and perform all work necessary for the construction and
maintenance of roadways and bridges for such diversion of
traffic. Sidewalks must not be obstructed except by special
permission of the Engineer.
The materials excavated and the construction materials such as
pipe used in the construction of the work shall be placed so
as not to endanger the work or prevent free access to all fire
hydrants, fire alarm boxes, police call boxes, water valves,
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� gas valves, or manholes in the vicinity. The Owner reserves
the right to remedy any neglect on the part o£ the Contractor
as regards to public convenience and safety which may come to
� its attention, after twenty-four hours notice in writing to
the Contractor, save in cases of emergency when it shall have
the right to remedy any neglect without notice, and in either
case, the cost of such work done or materials furnished by the
Owner or by ths City shall be deducted from monies due or to
� become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify
the Fire Department Headquarters, Traffic Engineer, and Police
Department, when any street or alley is requested to be closed
or obstructed or any fire hydrant is to be made inaccessible,
� and, when so directed by the Engineer, shall keep any street,
streets, or highways in condition for unobstructed use by fire
apparatus. The Contractor shall promptly notify the Fire
� Department Headquarters when a11 such obstructed streets,
alleys, or hydrants are again placed back in service.
Where the Contractor is required to construct temporary
� bridges or make other arrangements for crossing over ditches
or streams, his responsibility for accidents in connection
� with such crossings shall include the roadway approaches as
well as the structures of such crossings.
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The Contractor shall at all times conduct his operation and
the use of construction machinery so as not to damage or
destroy trees and shrubs located in close proximity to or on
the site of the work. Wherever any such damage may be done,
the Contractor shall immediately satisfy all claims of
property owners, and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the
Engineer a written statement showing all such claims adjusted.
C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND
RIGHT-OF-WAY: For the performance of the contract, the
Contractor will be permitted to use and occupy such portions
of the public streets and alleys, or other public places or
other rights-of-way as provided for in the ordinances of the
City, as shown in the Contract Documents, or as may be
specifically authorized in writing by the Engineer. A
reasonable amount of tools, materials, and equipment for
construction purposes may be stored in such space, but no more
than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or
stacked in such a way as not to interfere with the use of
spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property.
If the street is occupied by railway tracks, the work shall be
�' C6-6 (3)
carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other
contractors of the Owner may, for all purposes required by the
contract, enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and
assistance for the completion of adjoining work. Any
additional grounds desired by the Contractor for his use shall
be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any
right-of-way of any railway, the City will secure the
necessary easement for the work. Where the railway tracks are
to be crossed, the Contractor shall observe all the
regulations and instructions of the railway company as to the
methods of performing the work and take all precautions for
safety of property and the public. Negotiations with the
railway companies for permits shall be done by and through the
City. The Contractor shall give the City notice not less than
five days prior to the time of his intentions to begin work on
that portion of the project which is related to the railway
properties. The Contractor will not be given extra or
additional compensation for such railway crossings unless
specifically set forth in the Contract Documents.
C6-6.8 BARRICADES, WARNINGS AND WATCHMEN: Where the work is
carried on in or adjacent to any street, alley, or public
place, the Contractor shall at his own expense furnish, erect,
and maintain such barricades, fences, lights and danger
signals, shall provide such.watchmen, and shall take all such
other precautionary measures for the protection of persons or
property and of the work as are necessary. Barricades and
fences shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish
and maintain at least one easily visible burning light at each
barricade. A sufficient number of barricades shall be erected
and maintained to keep pedestrians away from, and vehicles
from being driven on or into, any work under construction or
being maintained. The Contractor shall f urnish watchmen and
keep them at their respective assignments in sufficient
numbers to protect the work and prevent accident or damage.
All installations and procedures shall be consistent with the
provisions set forth in the "1980 Texas Manual on Uniform
Traffic Control Devices for Streets and Highways" issued under
the authority of the "State of Texas Uniform Act Regulating
Traffic on Highways", codified as Article 6701d Veron's Civil
Statutes, pertinent sections being Section Nos. 27, 29, 30 and
31.
C6-6 (4>
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� The Contractor will not remove any regulatory sign,
instructional sign, street name sign, or other sign which has
been erected by the City. If it is determined that a sign
Cmust be removed to permit required construction, the
Contractor shall contact the Transportation and Public Works
department, Traffic Services . Division (phone number
� 871-81O0), to remove the sign. In the case of regulatory
signs, the Contractor must replace the permanent sign with a
temporary sign meeting the re.quirements of the above
� referenced manual and such temporary sign must be installed
prior to the removal of the permanent sign. If the temporary
sign is not installed correctly or if it does not meet the
required specifications, the permanent sign shall be left in
� place until the temporary sign requirements are met. When
construction work is completed to the extent that the
permanent sign can be re-installed, the Contractor shall again
� contact the Traffic Services Division to re-install the
permanent sign and shall leave his temporary sign in place
until such re-installation is completed.
� The Contractor will be held responsible for all damage to the
�
work or the public due to failure of barricades, signs,
�• fences, lights, or watchmen to protect them. Whenever
� evidence is found of such damage to the work the Engineer may
order the damaged portion immediately removed and replaced by
the Contractor at the Contractor's own expense. The
� Contractor's responsibility for the maintenance of barricades,
�: signs, fences and lights, and for providing watchmen shall not
cease until the project shall have been completed and accepted
r by the Owner.
No compensation, except as specifically provided in these
r Contract Documents, will be paid to the Contractor for the
work and materials involved in the constructing, providing,
� and maintaining of barricades, signs, fences, and lights or
for salaries of watchmen, for the subsequent removal and
` disposal of such barricades, signs, or for any other
incidentals necessary for the proper protection, safety, and
convenience of the public during the contract period, as this
work is considered to be subsidiary to the several items for
, which unit or lump sum prices are requested in the Proposal.
._ C6-6.9 USE OF LXPLOSIVES, DROP WEIGHT, ETC.: Should the
Contractor elect to use explosives, drop weight, etc., in the
� prosecution of the work, the utmost care shall be exercised at
all times so as not to endanger life or property. The
Contractor shall notify the proper representative of any
public service corporation, any company, individual, or
utility, and the Owner, not less than twenty-four hours in
C6-6 (S)
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advance of the use of any activity which might damage or
endanger their or his property along or adjacent to the work.
Where the use of explosives is to be permitted on the project,
as specified in the Special Contract Documents, or the use of
explosives is requested, the Contractor shall submit notice to
the Engineer in writing twenty-four hours prior to commencing
and shall furnish evidence that he has insurance coverage to
protect against any damages and/or injuries arising out of
such use of explosives.
All claims arising out of the use of explosives shall be
investigatea and a written report made by the Contractoz's
insurers to the Engineer within ten (10) days after receipt of
written notice of the claim to the Contractor from either the
City or the claimant. The City shall proceed to give notice
to the Contractor of any such claim. The use of explosives
may be suspended by the Engineer if any complaint is received
and such use shall not be resumed until the cause of the
complaint has been addressed.
Whenever explosives are stored or kept, they shall be stored
in a safe and secure manner and all storage places shall be
plainly marked "DANGEROUS EXPLOSIVES" and shall be under the
care of a competent watchman at all times. Al1 vehicles in
which explosives are being transported shall be plainly marked
as mentioned above and shall, insofar as possible, not use
heavy traffic routes.
C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over,
through, or into private property, the Owner will provide such
right-of-way or easement privileges as the City may deem
necessary for the prosecution of the work. Any additional
rights-of-way or work area considered necessary by the
Contractor shall be provided by him at his own expense. Such
additional rights-of-way or work area shall be acquired for
the benefit of the City. The City shall be notified in
writing as to the rights so acquired before work begins in the
affected area. The Contractor shall not enter upon private
property for any purpose without having previously obtained
permission from the owner of such property. The Contractor
will not be allowed to store equipment or material on private
property unless and until the specified 'approval of the
property owner has been secured in writing by the Contractor
and a copy furnished to the Engineer. Unless specifically
provided otherwise, the Contractor shall clear all
rights-of-way or easements of obstructions which must be
removed to make possible proper prosecution of the work as a
part of the project construction operations. The Contractor
shall be responsible for the preservation of and shall use
C6-6 (6)
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every precaution to prevent damage to all trees, shrubbery,
plants, lawns, fences, culverts, curbing, and all other types
of structures or improvements, to all water, sewer, and gas
lines, to all conduits, overhead pole lines, or appurtenances
thereof, including the construction of temporary fences, and
to all other public or private property along adjacent to the
work.
The Contractor shall notify the proper representatives of
owners or occupants of public or private lands or interest in
lands which might be affected by the work. Such notice shall
be made at least 48 hours in advance of the beginning of the
work. Notices shall be applicable to both public and private
utility companies or any corporation, company, individual, or
other, either as owners or occupants, whose land or interest
in land might affected by the work. The Contractor shall be
responsible for all damage or injury to property of any
character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work,
or at any time due to defective work, material, or equipment.
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When and where any direct or indirect or injury is done to
public or private property on account of any act, omission,
neglect, or misconduct in the execution of the work, or in
consequence of the non-execution thereof on the part of the
Contractor, he shall restore or have restored at his own cost
and expense such property to a condition at least equal to
that existing before such damage or injury was done, by
repairing, rebuilding, or otherwise replacing and restoring as
may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the owner of the
property and the Engineer.
� Al1 fences encountered and removed during construction of
this project shall be restored to the original or a better
than original condition upon completion of this project.
When wire fencing, either wire mesh or barbed wire is to be
� crossed, the Contractor shall set cross braced posts on
�. either side of permanent easement before the f ence is cut.
Should additional fence cuts be necessary, the Contractor
,' shall provide cross braced posts at point of the proposed
„ cut in additi.on to the cross braced posts provided at the
permanent easements limits, before the fence is cut.
Temporary fencing shall be erected in place of th
'� removed whenever the work is not in progress and
site is vacated overnight, and/or at all times t
r livestock from entering the construction area. The
�- fence removal, temporary closures and replacement
subsidiary to the various items bid in the
; f encing
when the
� prevent
cost for
shall be
project
C6-6 (7)
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proposal. Therefore, no separate payment sl�all be allowed
for any service associated with this work.
In case of failure on the part of the Contractor to restore �
such property to make good such damage or injury, the Owner
may, upon 48 hour written notice under ordinary circumstances,
and without notice when a nuisance or hazardous condition �
results, proceed to repair, rebuild, or otherwise restore such rraE
property'as may be determined by the Owner to be necessary,
and the cost thereby will be deducted from any monies due or �
to become due to the Contractor under this Contract. ;,.�
C6-6.11 INDEPENDENT CONTRACTOR: It is understood and agreed
by the parties hereto that Contractor shall perform all work
and services hereunder as an independent contractor, and not
as an officer, agent, servant or employee of the Owner.
Contractor shall have exclusive control of and the exclusive
right to control the details of all the work and services
performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors,
subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between Owner and
Contractor, its officers, agents, employees, contractors and
subcontractors, and nothing herein shall be construed as
creating a partnership or joint enterprise between Owner and
Contractor.
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to, and does hereby indemnify,
hold harmless and defend Owner, its officers, agents,
„ servants, and employees from and against any an all claims or
suits for property damage or loss and/or personal injury,
including death, to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in
connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents,
employees, contractors, subcontractors, licensees or invitees,
whether or not caused, in whole or in part, by alleged
negligence on the part of officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees
of the Owner; and said Contractor does hereby covenant and
agree to assume all liability and responsibility of Owner, its
officers agents, servants and employees for property damage or
loss, and/or personal injuries, including death, to any and
all persons of whatsoever kind or character, whether real or
asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by
Contractor, its officers, agents employees, contractors,
subcontractors, licensees and invitees, whether or not caused,
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C6-6 (8)
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in whole or in part, by alleged negligence of officers,
agents, servants, employees, contractors, subcontractors,
licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold
harmless Owner from and against any and all injuries,loss or
damages to property of the Owner during the performance of any
of the terms and conditions of this Contract, whether arising
out of or in connection with or resulting from, in whole or in
part, any and all alleged acts or omissions of officers,
agents, servants, employees, contractors, subcontractors,
licenses, or invitees of the Owner.
In the event a written claim for damages against the
contractor or its subcontractors remains unsettled at the time
all work on the project has been completed to the satisfaction
of the Director of the Water Department, as evidenced by a
final inspection, final payment to the Contractor shall not be
recommended by the Director of the Water Depar.tment for a
period of 30 days after the date of such final inspection,
unless the Contractor shall submit written evidence
satisfactory to the Director that the claim has been settled
and a release has been obtained from the claimant involved.
If the claim concerned remains unsettled as of the expiration
� of the above 30-day period, the Contractor may be deemed to be
entitled to a semi-final payment for work completed, such
semi-final payment to be in an amount equal to the total
� dollar amount then due less the dollar value of any written
� claims pending against the Contractor arising out of the
performance of such work, and such semi-final payment may then
�' be recommended by the Director. .
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The Director shall not recommend final payment to a Contractor
against whom such a claim for damages is outstanding for a
period of six months following the date of the acceptance of
the work performed unless the Contractor submits evidence in
writing satisfactory to the Director that:
1. The claim has been settled and a release has been
obtained from the claimant involved, or
2. Good faith efforts have been made to settle such
outstanding claims, and such good faith efforts
have failed.
`� If condition (1) above is met at any time within the six month
period, the Director shall recommend that the final payment to
� the Contractor be made. If condition (2) above is met at any
�. time within the six month period, the Director may recommend
that the final payment to the Contractor be made. At the
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C6-6 (9)
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expiration of the six month period the Director may recommend
that final payment be made if all other work has been
performed and all other bbligations of the Contractor have
been met to the satisfaction of the Director.
The Director may, if he deems it appropriate, refuse to accept �
bids on other Water Department Contract work from a Contractor
against whom a claim for damages is outstanding as a result of �'
work performed under a City contract.
C6-6.13 CONTRACTOR'S CLAIM FOR DAMAGES: Should the Contractor �
claim compensation for any alleged damage by reason of the
acts or omissions of the Owner, he shall within three days I�
after the actual sustaining of such alleged damage, make a
written statement to the Engineer, setting out in detail the
nature of the alleged damage, and on or before the 25th day of
the month succeeding that in which any such damage is claimed �
to have been sustained, the Contractor shall file with the �
Engineer an itemized statement of the details and amount of
such alleged damage and, upon request, shall give the Engineer �
access to all books of account, receipts, vouchers, bills of
lading, and other books or papers containing any evidence as
to the amount of such alleged damage. Unless such statements �
shall be filed as hereinabove required, the Contractor's claim
for compensation shall be waived, and he shall not be entitled
to payment on account of such damages. _
C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: �'
In case it is necessary to change, move, or alter in any
manner the property of a public utility or others, the said �
property shall not be moved or interfered with until orders �
i thereupon have been issued by the Engineer. The right is
reserved to the owners of public utilities to enter the
geographical limits of the Contract for the purpose of making �
such changes or repairs to their property that may be
necessary by the performance of this contract. �
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS: When existing J�
sewer lines have to be taken up or removed, the Contractor
shall, at his own expense and cost, provide and maintain �
temporary outlets and connections for all private or public �
drains and sewers. The Contractor shall also take care of all
sewage and drainage which will be received from these drains
and sewers, and for this purpose he shall provide and ��
maintain, at his own cost and expense, adequate pumping �
facilities and temporary outlets or diversions.
The Contractor, at his own cost and expense, shall construct �
such troughs, pipes, or other structures necessary, and be ,
prepared at all times to dispose of drainage and sewage �
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C6-6 (10)
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� received from these temporary connections until such times as
the permanent connections are built and are in service. The
existing sewers and connections shall be kept in service and
r maintained under the Contract, except when specified or
ordered to be abandoned by the Engineer. All water, sewage,
� and other waste shall be disposed of in a satisfactory manner
. so that no nuisance is created and so that the work under
construction will be adequately protected.
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C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
j� CITY: When the Contractor desires to use City water in
jr connection with any construction work, he shall make complete
and satisfactory arrangements with the Fort Worth City Water
�- Department for so doing.
' City water furnished to the Contractor shall be delivered to
._ the Contractor from a connection on an existing City main.
Al1 piping required beyond the point of delivery shall be
�- installed by the Contractor at his own expense.
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The Contractor's responsibility in the use of all existing
fire hydrant and/or valves is detailed in Section E2-1.2 USE
OF FIRE HYDRANTS AND VALVES in these General Contract
Documents.
When meters are used to measure the water, the charges, if
any, for water wiZl be at the regular established rates. When
meters are not used, the charges, if any, will be as
prescribed by the City Ordinance, or where no ordinance
applies, payment shall be made on estimates and rates
established by the Director of the Fort Worth Water
Department.
C6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in
the opinion of the Engineer, any section or portion of the
work or any structure is in suitable condition, it may be put
into use upon the written order of the Engineer, and such
usage shall not be held to be in any way an acceptance of said
work or structure or any part thereof or as a waiver of any of
the provisions of these Contract Documents. Al1 necessary
repairs and removals of any section of the work so put into
use, due to defective materials or workmanship, equipment, or
to deficient operations on the part of the Contractor, shall
be performed by the Contractor at his own expense.
C6-6.18 CONTRACTOR'S RESPONSIBILITY FOR THE WORK: Until
written acceptance by the Owner as provided for in these
Contract Documents, the work shall be under the charge and
care of the Contractor, and he shall take every necessary
precaution to prevent injury or damage to the work or any part
C6-6 (11)
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thereof by action of the elements or from any cause
wratsoever, whether arising from the execution or nonexecution
of the work. The Contractor sha11 rebuild, repair, restore,
and make good at his own expense a11 injuries or damage to any
portion of the work occasioned by any of the hereinabove
causes.
C6-6.19 NO WAIVER OF LEGAL RIGHTS: Inspection by the Engineer
or any order by the Owner by payment of money or any payment
for or acceptance of any work, or any extension of time, or
any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver of any
breach or Contract shall not be held to be a waiver of any
other or subsequent breach.
The Owner reserves the right to correct any error that may be
discovered in any estimate that may have been paid and to
adjust the same to meet the requirements of the Contract
Documents.
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying
out the provisions of these Contract Documents or in
exercising any power of authority granted thereunder, there
shall be no liability upon the authorized representatives of
the Owner, either personally or otherwise as they are agents
and representatives of the City.
C6-6.21 STATE SALES TAX: On a contract awarded by the City of
Fort Worth, an organization which qualifies for exemption
pursuant the provisions of Article 20.04 (H> of the Texas
Limited Sales, excise, and Use Tax Act, the Contractor may
purchase, rent or lease all materials, supplies and equipment
used or consumed in the performance of this contract by
issuing to his supplier an exemption certificate in lieu of
the tax, said exemption certificate to comply with State
Comptroller's Ruling .007. Any such exemption certificate
issued by the Contractor in �ieu of the tax shall be subject
to an3 shall comply with the provisions of State Comptroller's
Ruling .011, and any other applicable State Comptroller
rulings pertaining to the Texas Limited Sales, Excise, and Use
Tax Act.
On a contract awarded by a developer for the construction of a
publicly-owned improvement in a street right-of-way or other
easement which has been dedicated to the public and the City
of Fort Worth, an organization which qualifies for exemption
pursuant to the provisions of Article 20.04 (H) of the Texas
limited Sales, Excise, and Use Tax Act, the Contractor can
probably be exempted in the same manner stated above.
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C6-6 (12)
� Limited Sale, Excise and Use Tax permits and information can
be obtained from:
� Comptroller of Public Accounts
Sale Tax Division
�' Capitol Station
Austin, TX
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PART C - GENERAL CONDITIONS
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
� C7-7.1 SUBLETTING: The Contractor shall perform with his own
. organization, and with the assistance of workman under his
immediate superintendance, work of a value of not less than
fifty (50$) percent of the value embraced in the contract. If
the Contractor sublets any part of the work to be done under
" these Contract Documents, he will not under any circumstances
be relieved of the responsibility and obligation assumed under
'�� these Contract Documents. All transactions of the Engineer
will be with the Contractor. Subcontractors will be
considered only in the capacity of employees or workmen of the
Contractor and shall be subject to the same requirements as to
character and competency. The Owner will not recognize any
-� subcontractor on the work. The Contractor shall at all times,
__ when the work is in operation, be represented either in person
or by a superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not
assign, transfer, sublet, convey, or otherwise dispose of the
contract or his rights, title, or interest in or to the same
or any part thereof without the previous consent of the Owner
expressed by resolution of the City Council and concurred in
by the Sureties.
If the Contractor does, without such previous consent, assign,
transfer, sublet, convey, br otherwise dispose of the contract
�' or his right, title, or interest therein or any part thereof,
� to any person or persons, partnership, company, firm, or�
A1 corporation, or does by bankruptcy, voluntary or involuntary,
, or by assignment under the insolvency laws of any state,
attempt to dispose of the contract may, at the option of the
- Owner be revoked and annulled, unless the Sureties shall
� successfully complete said contract, and in the event of any
such revocation or annulment, any monies due or to become due
under or by virtue of said contract shall be retained by the
� Owner as liquidated damages for the reason that it would be
impracticable and extremely difficult to fix the actual
damages.
;,,� C7-7.3 PROSECUTION OF THE WORK: Prior to beginning any
construction operation, the Contractor shall submit to the
Engineer in five or mare copies, if requested by the Engineer,
� a progress schedule preferably in chart or diagram f orm, or a
brief outlining in detail and step by step the manner of
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C7-7 (1)
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prosecuting the work and ordering materials and equipment
which he expects to follow in order to complete the project in
the scheduled time. There shall also be submitted a table of
estimated amounts to be earned by the Contractor during each
monthly estimate period.
The Contractor shall commence the work to be performed under
this contract within the time limit stated in these Contract
Documents and shall conduct the work in a continuous manner
and with sufficient equipment, materials, and labor as is
necessary to insure its completion within the time limit.
The sequence requested of all construction operations shall be
at all times as specified in the Special Contract Documents.
Any deviation from scuh sequencing shall be submitted to the
Engineer for his approval. Contractor shall not proceed with
any deviation until he has received written approval from the
Engineer. Such specification or approval by the Engineer
shall not relieve the Contractor from the full responsibility
of the complete performance of the Contract.
The contract time may be changed only as set forth in Section
C7-7.8 "Extension of Time of Completion" of this Agreement,
and a progress schedule shall not constitute a change in the
contract time.
C7-7.4 LIMITATIONS OF OPERATIONS: The working operations
shall at all times be conducted by the Contractor so as to
create a minimum amount of inconvenience to the public. At
any time when, in the judgment of the Engineer, the Contractor
has obstructed or closed or is carrying on operations-in a
portion of a street or public way greater than is necessary
f or the proper execution of the work, the Engineer may require
the Contractor to finish the section on which operations are
in progress before the work is commenced on any additional
section or street. �
C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall
be used by the Contractor is available. The Contractor may
bring in from outside the City of Fort Worth his key men and
his superintendent. All other workmen, including equipment
operators, may be imported only after the local supply is
exhausted. The Contractor shall employ only such
superintendents, foremen, and workmen who are careful,
competent, and fully qualified to perform the duties or tasks
assigned to them, and the Engineer may demand and secure the
summary dismissal of any person or persons employed by the
Contractor in or about or on the work who, in the opinion of
the Owner, shall misconduct himself or be found to be
incompetent, disrespectful, intemperate, dishonest, or
C7-7 (2)
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� otherwise objectionable or neglectful in the proper
performance of his or their duties, or who neglects or refuses
to comply with or carry out the directions of the Owner, and
�- such person or persons shall not be employed again thereon
L without written consent of the Engineer.
All workmen shall have sufficient skill, ability, and
� experience to properly perform the work assigned to them and
'�- operate any equipment necessary to properly carry out the
performance of the assigned duties.
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The Contractor shall furnish and maintain on the work all such
equipment as is considered to be necessary for prosecution of
the work in an acceptable manner and at a satisfactory rate of
progress. All equipment, tools, and machinery used for
handling materials and executing any part of the work shall be
subject to the approval of the Engineer and shall be
maintained in a satisfactory, safe and efficient working
condition. Equipment on any portion of the work shall be such
that no injury to the work, workmen or adjacent property will
result from its use.
C7-7.6 WORK SCHEDULE: Elapse3 working days shall
starting with the first day of work completed as
� C1-1.23 "WORKING DAY" or the date stipulated in
ORDER" for beginning work, whichever comes first.
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be computed
defined in
the "WORK
Nothing in these Contract Documents shall be construed as
prohibiting the Contractor from working on Saturday, Sunday or
Legal Holidays, providing that the following requirements are
met:
a. A request to work on a specific Saturday, Sunday or
Legal Holiday must be made to the Engineer no later
than the proceeding Thursday.
b. Any work to be done on the project on such a
r specific Saturday, Sunday or Legal Holiday must be,
•� in the opinion of the Engineer, essential to the
timely completion of the project.
, The Engineer's decision shall be final in response to such a
request for approval to work on a specific Saturday, Sunday or
� Legal Aoliday, and no extra compensation shall be allowed to
the Contractor for any work performed on such a specific
� Saturday, Sunday or Legal Holiday.
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Calendar Days shall be defined in C1-1.24 and the Contractor
may work as he so desires.
C7-7 (3)
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION: The Contractor
shall commence the working operations within the time
specified in the Contract Documents and set forth in the Work
Order. Failure to do so shall be considered by the Owner as
abandonment of the Contract by the Contractor and the Owner
may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will
insure that the whole work will be performed and the premises
cleaned up in accordance with the Contract Documents and
within the time established in such documents and such
extension of time as may be properly authorized by the Owner.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor's request
for an extension of time of completion shall be considered
only when the request for such extension is submitted in
writing to the Engineer within seven days from and after the
time alleged cause of delay shall have occurred. Should an
extension of the time of completion be requested such request
will be forwarded to the City Council for approval .
In adjusting the contract time for completion of work,
consideration will be given to unforseeable causes beyond the
control of and without the fault or negligence of the
Contractor, including but limited to acts of the public enemy,
acts of the Owner, fire, flood, tornadoes, epidemics,
quarantine restrictions, strikes, freight embargoes, or delays
o£ sub-contractors due to such causes.
When the date of completion is based on a calendar day bid, a
request for extension of time because of inclement weather
will not be considered. A request for extension of time due
to inability to obtain supplies and materials will be
considered only when a review of the Contractor's purchase
order dates and other pertinent data as requested by the
Engineer indicates that the Contractor has made a bonafide
attempt to secure delivery on schedule. This shall include
efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery.
If satisfactory execution and completion of the contract
should require work and rnaterials in greater amounts or
quantities than those set forth in the approved Contract
Documents, then the contract time may be increased by Change
Order.
C7-7.9 DELAYS: The Contractor shall receive no compensation
for delays or hindrances to the work, except when direct and
unavoidable extra cost to the Contractor is caused by the
failure of the City to provide information or material, if
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� any, which is to be furnished by the City. When such extra
compensation is claimed a written statement thereof shall be
presented by the Contractor to the Engineer and if by him
�- found correct shall be approved and referred by him to the
�,. Council for final approval or disapproval; and the action
thereon by the Council shall be final and binding. If delay
� is caused by specific orders given by the Engineers to stop
4 work, or by the performance of extra work, or by the failure
of the City to provide material or necessary instructions for
�. carrying on the work, then such delay will entitle the
4 Contractor to an equivalent extension of time, his application
�-�- for which shall, however, be subject to the approval of the
City Council; and no such extension of time shall release the
� Contractor or the surety on his performance bond from all his
�_ obligations hereunder which shall remain in full force until
the discharge of the contract.
; C7-7.10 TIME OF COMPLETION: The time of completion is an
`�` essential element of the contract. Each bidder shall indicate
in the appropriate place on the last page of the Proposal the
� number of working days or calendar days that he will require
4_ to fully complete this contract or the time of completion will
be specified by the City in the Proposal section of the
�' contract documents.
The number of days indicated shall be a realistic estimate of
the time required to complete the work covered by the specific
contract being bid upon. The amount of time so stated by the
successful bidder or the City will become the time of
completion specified in the Contract Documents.
For each calendar day that any work shall remain uncompleted
after thz time specified in the Contract Documents, or the
increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the
contract is signed, the sum per day given in the following
schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from monies due the
Contractor, not as a penalty, but as liquidated damages
suffered by the Owner.
AMOUNT OF CONTRACT
Less than $ 5,000
$ 5,001 to $ 15,000
$ 15,001 to $ 25,000
$ 25,001 to $ 50,000
$ 50,001 to $ 100,000
$ 100,001 to $ 500,000
C7-7 (5)
inclusive $
inclusive $
inclusive $
inclusive $
inclusive $
inclusive $
35.00
45.00
63.00
105.00
154.00
210.00
$ 500,001 to $1,000,000 inclusive $ 315.00
$1,000,001 to $2,000,000 inclusive $ 420.00
$2,000,001 and over $ 630.00
The parties hereto understand and agree th<
City caused by the Contractor's delay in con
hereunder in the time specified by the Cc
would be incapable or very difficult of accc
and that-the "Amount of Liquidated Damages
out above, is a reasonable f orecast of just
the City for harm caused by any delay.
.t any harm to the
pleting the work
ntract Documents
rate estimation,
Per Day", as set
compensation due
C7-7.11 SUSPENSION BY COURT ORDER: The Contractor shall
suspend operations on such part or parts of the work ordered
by any court, and will not be entitled to additional
compensation by virtue of such court order. Neither will he
be liable to the City in the event the work is suspended by a
Court Order. Neither will the Owner be liable to the
Contractor by virtue of any Court Order or action for which
the Owner is not solely responsible.
C7-7.12 TEMPORARY SUSPENSION: The Owner shall have the right
to suspend the work opera�ion wholly or in part for such
period or periods of time as he may deem necessary due to
unsuitable weather conditions or any other unfavorable
conditions which in the opinion of the Owner or Engineer cause
further prosecution of the work to be unsatisfactory or
detrimental to the interest of the project. During temporary
suspension of work covered by this contract, for any reason,
the Owner will make no extra payment for stand-by time of
construction equipment and/or construction crews. �
If it should become necessary to suspend work for an
indefinite period, the Contractor shall store all materials in
such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take
every precaution to prevent damage or deterioration of the
work performed; he shall provide suitable drainage about the
work, and erect temporary structures where necessary.•
Should the Contractor not be able to complete a portion of the
project due to causes beyond the control of and without the
fault or negligence of the Contractor as set forth in
Paragraph C7-7.8 EXTENSION OF THE TIME OF COMPLETION, and
should it be determined by mutual consent of the Contractor
and the Engineer that a solution to allow construction to
proceed is not available within a reasonable period of time,
then the Contractor may be reimbursed f or the cost of moving
his equipment off the job and returning the necessary
equipment to the job when it is determined by the Engineer
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that construction may be resumed. Such reimbursement shall be
based on actual cost to the Contractor of moving the equipment
and no profit will be allowea.
No reimbursement shall be allowed if the equipment is moved to
another construction project for the City of Fort Worth.
The Contractor shall not suspend work without written notice
from the-Engineer and shall proceed with the work operations
promptly when notified by the Engineer to so resume
operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the
President of the United States or other lawful authority, it
becomes impossible for the Contractor to obtain all of the
necessary labor, materials, and equipment for the prosecution
of the work with reasonable continuity for a period of two
months, the Contractor sha11 within seven days notify the City
in writing, giving a detailed statement of the efforts which
have been made and listing all necessary items of labor,
materials, and equipment not obtainabl,e. If, after
investigations, the Owner finds that such conditions existing
and that the inability of the Contractor to proceed is not
attributable in whole or in part to the fault or neglect of
the Contract, then if the Owner cannot after reasonable effort
assist the Contractor in procuring and making available the
necessary labor, materials and equipment within thirty days,
the Contractor may request the Owner to terminate the contract
and the Owner may comply with the request, and the termination
shall be conditioned and based upon a final settlement
mutually acceptable to both the Owner and the Contractor and
final payment shall be made in accordance with the terms of
the agreed settlement, which shall include, but not be limited
to, the payment for all work executed but no anticipated
profits on work which has not been performed.
C7-7.14 SUSPENSIOtv OR ABANDONMENT OF THE WORR AND ANNULMENT OF
CONTRACT: The work operations on alI or any portion or
section of the work under Contract shall be suspended
immediately on written order of the Engineer or the Contract
may be declared cancelled by the City Council for any good and
sufficient cause. The following, by way of example, but not
of limitation, may be considered grounds for suspension or
cancellation:
a. Failure of the Contractor to commence work
operations within the time specified in the Work
Order issued by the Owner.
r C7-7 (7)
b. Substantial evidence that progress of the work
operations by Contractor is insufficient to
complete the work within the specified time.
c. Failure of the Contractor to provide and maintain
sufficient labor and equipment to properly execute
the working operations.
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Substantial evidence that the Contractor has
abandoned the work.
Substantial evidence that the Contractor has become
insolvent or bankrupt, or otherwise financially
unable to carry on the work satisfactorily.
f. Failure on the part of the Contractor to observe
any requirements of the Contract Documents or to
comply with any orders given by the Engineer or
Owner provided for in these Contract Documents.
g. Failure of the Contractor promptly to make good any
defect in materials or workmanship, or any defects
of any nature the correction of which has been
directed in writing by the Engineer or the Owner.
h. Substantial evidence of collusion for the purpose
of illegally procuring a contract or perpetrating
fraud on the City in the construction of work under
contract.
i. A substantial indication that the Contractor has
made an unauthorized assignment of the contract or
any funds due therefrom for the benefit of any
creditor or for any other purpose.
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If the Contractor shall for any cause whatsoever
not carry on the working operation in an acceptable
manner.
If the Contractor commences legal action against
the Owner.
A copy of the suspension order or action of the City Council
shall be served on the Contractor's Sureties. When work is
suspended for any cause or causes, or when the contract is
cancelled, the Contractor shall discontinue the work or such
part thereof as the Owner shall designate, whereupon the
Sureties may, at their option, assume the contract or that
portion thereof which the Owner has ordered the Contractor to
discontinue, and may perform the same or may, with the written
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C7-7 (8)
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� consent of the Owner, sublet t}ze work or that portion of the
work as taken over, provided however, that the Sureties sha11
exercise their option, if at all, within two weeks after the
written notice to discontinue the work has been served upon
� the Contractor and upon the Sureties or their authorized
agents. The Sureties, in such event shall assume the
Contractor's place in all respects, and shall be paid by the
Owner for all work performed by them in accordance with the
� terms of,the Contract Documents. Al1 monies remaining due the
Contractor at the tirne of this default shall thereupon become
due and payable to the Sureties as the work progresses,
� subject to a11 of the terms of the Contract Documents.
C.v
In case the Sureties do not, within the hereinabove specified
� time, exercise their right and option to assume the contract
responsibilities, or that portion thereof which the Owner has
ordered by the Contractor to discontinue, then the Owner �hall
� have the power to complete, by contract or otherwise, as it
may determine, the work herein described or such part thereof
as it may deem necessary, and the Contractor hereto agrees
that the Owner shall have the right to take possession of and
� use any materials, plants, tools, equipment, supplies, and
� property of any kind provided by the Contractor for the
purpose of carrying on the work and to procure other tools,
� equipment, materials, labor and property for the completion of
the work, and to charge to the account of the Contractor of
said contract expense for labor, materials, tools, equipment,
�' and all expenses incidental thereto. The expense so charged
' shall be deducted by the Owner from such monies as may be due
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or may become due at any time thereafter to the Contractor
� under and by virtue of the Contract or any part thereof. The
Owner shall not be required to obtain the lowest bid for the
�' work completing the contract, but the expense to be deducted
-,
- shall be the actual cost of the owner of such work.
... In case such expenses shall exceed the amount which would have
been payable under the Contract if the same had been completed
�- by the Contractor, then the Contractor and his Sureties shall
�, pay the amount of such excess to . the City on notice from the
Owner of the excess due. When any particular part of the work
is being carried on by the Owner by contract or otherwise
r under the pravisions of this section, the Contractor shall
�- continue the remainder of the work in conformity with the
terms of the Contract Documents and in such a manner as to not
hinder or interfere with performance of the work by the Owner.
~ C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be
considered as having been fulfilled, save as provided in any
bond or bonds or by law, when all the work and all sections or
parts of the project covered by the Contract Documents have
C7-7 (9)
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been finished
Engineer, and
the Owner.
and completed, the final inspection made by the
the final acceptance and final payment made by
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
A. NOTICE OF TERMINATION: The performance of the work
under this contract may be terminated by the Owner
in whole, or from time to time in part, in
accordance with this section, whenever the Owner
shall determine that such termination is in the
best interest of the Owner. Any such termination
shall be effected by mailing a notice of
termination to the Contractor specifying the extent
to which performance of work under the contract is
terminated, and the date upon which such
termination becomes effective. Receipt of the
notice shall be deemed conclusively presumed and
established when the letter is placed in the United
States Mail by the Owner. Further, it shall be
deemed conclusively presumed and established that
such termination is made with just cause as therein
stated; and no proof in any claim, demand or suit
shall be required of the Owner regarding such
discretionary action.
B. CONTRACTOR ACTION: After receipt of a notice of
termination, and except as otherwise directed by
the Engineer, the Contractor shaZl:
l. Stop work under the contract on the date and
to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for
materials, services or facilities except as
may be necessary for completion of such
portion of the work under the contract as is
not terminated;
3. terminate all orders and subcontracts to the
extent that they relate to the perf ormance of
work terminated by the notice of termination;
4. transfer title to
the manner, at the
if any, directed by
c�—� cio�
the Owner and deliver in
times, and to the extent,
the Engineer:
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a. the fabricated or unfabricated parts,
work in process, completed work,
supplies and other material produced as
a part of, or acquired in connection
with the performance of, the work
terminated by the notice of
termination; and
b, the completed, or partially completed
plans, drawings, information and other
property which, if the contract had
been completed, would have been
required to be furnished to the Owner.
complete performance of such part of the work
as shall not have been terminated by the
notice of termination; and
6. take such action as may be necessary, or as
the Engineer may direct, for the protection
and preservation of the property related to
its contract which is in the possession of
the Contractor and in which the Owner has or
may acquire the rest.
At a time not later than 30 days after the
termination date specified in the notice of
termination, the Contractor may submit to the
Engineer a list, certified as to quantity and
guality, of any or all items of termination
inventory not previously disposed of, exclusive of
items the disposition of which has been directed or
authorized by the Engineer. Not later than 15 days
thereafter, the Owner shall accept title to such
items provided, that the list submitted shall be
subject to verification by the Engineer upon
removal of the items or, if the items are stored,
within 45 days from the date of submission of the
list, and any necessary adjustments to correct the
list as submitted, shall be made prior to final
settlement.
C. TERMINATION CLAIM: Within 60 days after notice of
termination, the Contractor shall submit his
termination claim to the Engineer in the form and
with the certification prescribed by the Engineer.
Unless one or more extensions in writing are
granted by the Owner upon request of the
Contractor, made in writing within such 60-day
period or authorized extension thereof, any and all
such claims shall be conclusively deemed waived.
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C7-7 (11)
�. AMOUNTS: Subject to the provisions of Item
C7-7.16(C), the Contractor and Owner may agree upon
the whole or any part of the amount or amounts to
be paid to the Contractor by reason of the total or
partial termination of work pursuant hereto;
provided, that such agreed amount or amounts shall
never exceed the total contract price as reduced by
- the amount of payments otherwise made and as
further reduced by the contract price of work not
terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the
agreed amount_ No amount shall be due for lost or
anticipated profits. Nothing in C7-7.16(E}
hereafter, prescribing the amount to be paid to the
Contractor in the event of failure of the
Contractor by reason of the termination of work
pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the
amount or amounts which may be agreed upon to be
paid to the Contractor pursuant to this paragranh.
E. FAILURE TO AGREE: In the event of the failure of
the Contractor and the Owner to agree as provided
in C7-7.16 (D) upon the whole amount to be paid to
the Contractor by reason of the termination of work
pursuant to this section the Owner shall deterrnine,
on the basis of information available to it, the
amount, if any, due to the Contractor by reason of
the termination and shall pay to the Contractor the
amounts determined. No amount shall be due for
lost or anticipated profits.
�. DEDUCTIONS: In arriving at the amount due the
contractor under this section, there shall be
deducted (a) all unliquidated advance or other
payments on account theretofore made to the
Contractor, applicable to the terminated portion of
this contract; (b) any claim which the Owner may
have against the Contractor in connection with thxs
contract; and (c) the agreed price for, or the
proceeds of sale of, any materials, supplies or
other things kept by the Contractor or sold,
pursuant to the provisions of this clause, and not
otherwise recovered by or credited to the Owner.
G. ADJUSTMENT: If the termination hereunder be
partial, prior to the settlement of the terminated
portion of this contract, the Contractor may file
with the Engineer a request in writing for an
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C7-7 (12)
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equitable adjustment of the price or prices
specified in the contract relating to the continued
portion of the contract (the portion not terminated
by the notice of termination), such equitable
adjustment as may be agreed upon shall be made in
such price or prices; nothing contained herein,
however, shall limit the right of the Owner and the
Contractor to agree upon the amount or amounts to
be paid to the Contractor for the completion of the
continued portion of the contract when said
contract does not contain an established contract
price for such continued portion.
H. NO LIMITATION OF RIGHTS: Nothing contained in this
section shall limit or alter th� rights which the
Owner may have for termination of this contract
under C7-7.14 hereof entitled "Suspension of
Abandonment of the work and Amendment of Contract"
or any other right which Owner may have for default
or breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES: The Contractor shall be
responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with�the work at
all times and shall assume all responsibilities for their
enforcement.
The Contractor shall comply with federal, state, and local
laws, ordinances, and regulations so as to protect person and
property from injury, including death, or damage in connection
with the work.
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C7-7 (13)
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PART C - GENERAL CONDITIONS
C8-8 MEASUREMENT AND PAYMENT
� SECTION C8-8 MEASUREMENT AND PAYMENT
C8-8.1 MEASUREMENT OF QUANTITIES: The determination of
� quantities of work performed by the Contractor and authorized
by the Contract Documents acceptably completed under the terms
of the Contract Documents shall be made by the Engineer, based
� on measurements made by the Engineer. These measurements will
be made according to the United States Standard Measurements
used in common practice, and will be the actual length, area,
solid contents, numbers, and weights of the materials and
� items installed.
� C8-8.2 UNIT PRICES: When in the Proposal a"Unit Price" is
set forth, the said "Unit Price" shall include the f urnishing
by the Contractor of all labor, tools, materials, machinery,
equipment, appliances and appurtenances necessary for the
� construction of and the completion in a manner acceptable to
i�. the Engineer of all work to be done under these Contract
Documents.
� The "Unit Price" shall include all permanent and temporary
protection of overhead, surface, and underground structures,
�. cleanup, finished, overhead expense, bond, insurance, patent
fees, royalties, risk due to the elements and other causes,
`- delays, profits, injuries, damages claims, taxes, and all
other items not specifically mentioned that may be required to
� fully construct each item of the work complete in place and in
a satisfactory condition for operation.
� C8-8.3 LUMP SUM: When in the Proposal a"Lump Sum" is set
forth, the said "Lump Sum" shall represent the total cost for
the Contractor to furnish all labor, tools, materials,
�. machinery, equipment, appurtenances, and all subsidary work
necessary for the construction and completion of all the work
� to provide a complete and functional item as detailed in the
Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT: The Contractor shall receive and
accept the compensation, as herein provided, in full payment
for furnishing all labor, tools, materials, and incidentals
for performing all work contemplated and embraced under these
Contract Documents, for all loss and damage arising out of the
nature of the work or from the action of the elements, for any
unforeseen defects or obstructions which may arise or be
encountered during the prosecution of the work at any time
C8-8 (1)
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before its final acceptance by the Owner, (except as provided
in paragraph C5-5.14) for all risks of whatever description
connected with the prosecution of the work, for all expense
incurred by or in consequence of suspension or discontinuance
of such prosecution of the working operations as herein
specified, or any and all infringements of patents,
trademarks, copyrights, or other legal reservations, and for
completeing the work in an acceptable manner according to the
terms of the Contract Documents.
The payment of any current or partial estimate prior to final
acceptance of the work by the Owner shall in no way constitute
an acknowledgment of the acceptance of the work, materials, or
equipment, nor in any way prejudice or affect the obligations
of the Contractor to repair, correct, renew, or replace at his
own and prooer expense any defects or imperfections in the
construction or in the strength or quality of the material
used or equipment or machinery furnished in or about the
construction of the work under contract and its appurtenances,
or any damage due or attributed to such defects, which
defects, imperfection, or damage shall have been discovered on
or before the final inspection and acceptance of work or
during the one year guaranty period after final acceptance.
The Owner shall be the sole judge of such defects,
imperfections, or damage, and the Contractor shall be liable
to the Owner for failure to correct the same as provided
herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Between the lst and
Sth day of each month the Contractor shall submit to the
Engineer a statement showing an estimate of the value of the
work done during the previous month, or estimate period under
the Contract Documents. Not later than the lOth day of the
month the Engineer shall verify such estimate, and if it is
found to be acceptable and the value of work performed since
the last partial payment was made exceeds one hundred dollars
($100.00) in amount, 90$ of such estimated sum will be paid to
the Contractor if the total contract amount is less than
$400,000, or 95$ of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000 or greater
within twenty-five (25? days after the regular estimate period.
The City will have the option of preparing estimates on forms
furnished by the City. The partial estimate may include
acceptable nonperishable materials delivered to the work which
are to be incorporated into the work as a permanent part
thereof, but which at the the time of the estimate have not
been installed. (such payment will be allowed on a basis of
85$ of the net invoice value thereof.) The Contractor shall
furnish the Engineer such information as he may request to aid
C8-8 (2)
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him as a guide in the verification or the preparation of
partial estimates.
It is understood that the partial estimate from month to month
will be approximate only, and all partial monthly estimates
and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous
estimate,and such estimate shall not, in any respect, be taken
as an admission of the Owner of the amount of work done or of
its quality of sufficiency, or as an acceptance of the work
done or the release of the Contractor of any of his
responsibilities under the Contract Documents.
The City reserves the right to withhold the paymeht of any
1" monthly estimate if the contractor fails to perform the work
r,,,, strictly in accordance with the specifications or provisions
of this contract.
� C8-8.6 WITHHOLDING PAYMENT; Payment on any estimate or
`' estimates may be held in abeyance if the performance of the
construction operations is not in accordance with the
� requirements of the Contract Documents.
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C8-8.7 FINAL ACCEPTANCE: Whenever the improvements provided
� for by the Contract Documents shall have been completed and
all requirements of the Contract Documents shall have been
fulfilled on the part of the Contractor, the Contractor shall
notif y the Engineer in writing that the improvements are ready
� for the final inspection. The Engineer shalZ notify the
appropriate officials of the Owner, will within a reasonable
time make such final inspection, and if the work is
� satisfactory, in an acceptable condition, and has been
completed in accordance with the terms of the Contract
- Documents and all approved modifications thereof, the Engineer
e will initiate the processing of the final estimate and
F recommend final acceptance of the project and final payment
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therefor as outlined in C8-8.8 below.
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C8-8.8 FINAL PAYMENT: Whenever all the improvements provided
for by the Contract Documents and all approved modifications
thereof shall have been completed and all requirements of the
Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work
will be prepared by the Engineer as soon as the necessary
measurements, computations, and checks can be made.
Al1 prior
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payment.
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estimates upon which payment has been made are
necessary corrections or revisions in the final
C8-8 (3)
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The amount of the final estimate, less previous payments and
any sum that have been deducted or retained under the
provisions of the Contract Documents, will be paid to the
Contractor within 60 days after final acceptance by the Owner
on a proper resolution of the City Council, provided the
Contractor has furnished to the Owner satisfactory evidence of
payment as f ollows: Prior to submission of the final estimate
for payment, the Contractor shall execute an affidavit, as
furnished by the City, certifying that all persons, firms,
associations, corporations, or other organizations furnishing
labor and/or materials have been paid in full, that the wage
scale established by the City Council in the City of Fort
Worth has been paid, and that there are no claims pending for
personal injury and/or property damages.
The acceptance by the Contractor of the last or final payment
as aforesaid shall operate as and shall release the Owner from
all claims or liabilities under the Contract for anything done
or furnished or relating to the work under Contract Documents
or any act or neglect of said City relating to or connected
with the Contract.
The making of the final payment by the Owner shall not relieve �
the Contractor of any guarantees or other requirements of the �,
Contract Documents which specifically continue thereafter.
C8-8.9 ADEQUACY OF DESIGN: It is understood that the Owner
believes it has employed competent Engineers and designers to
prepare the Contract Documents and all modifications of the
anproved Contract Documents. It is, therefore, agreed that
the Owner shall be responsible for the adequacy of its"own
design features, sufficiency of the Contract Documents, the
safety of the structure, and the practicability of the
operations of the completed project, provided the Contractor
has complied with the requirements of the said Contract
Documents, all approved modifications thereof, and additions
and alterations thereto approved in writing by the Owner. The
burden of proof of such compliance shall be upon the
Contractor to show that he has complied with the said
requirements of the Contract Documents, approved modifications
thereof, and all approved additions and alterations thereto.
C8-8.10 GENERAL GUARANTY: Neither the final certificate of
payment nor any provision in the Contract Documents nor
partial or entire occupancy or use of the premises by the
Owner shall constitute an acceptance of work not done in
accordance with the Contract Documents or relieve the
Contractor of liability in respect to any express warranties
or responsibility for faulty materials or workmanship. The
Contractor shall remedy any defects or damages in the work and
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C8-8 (4)
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�` pay for any damage to other work resulting therefi�om which
�Y� shall appear within a period of one year from the date of
final acceptance of the work unless a longer period is
specified andshall furnish a good and sufficient maintenance
� bond in the amount of 100 percent of the amount of the
contract which shall assure the performance of the general
�� guaranty as above outline. The Owner will give notice of
', observe3 defects with reasonable promptness.
� .
C8-8.11 SUBSIDIARY WORK: Any and all work specifically
�� governed by documentary requirements for the project, such as
�-- conditions imposed by the Plans, the General Contract
Documents or these Special Contract Documents, in which no
specific item for bid has been provided for in the Proposal,
�, shall be considered as a subsidiary item of work, the cost of
which shall be included in the price bid in the Proposal, for
,. each bid item. Surface restoration, rock excavation and
�. cleanup are general items of work which fall in the category
of subsidiary work.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL: Material may be
.. allocated under various bid items in the Proposal to establish
unit prices for miscellaneous placement of material. These
r� materials shall be used only when directed by the Engineer,
_� depending on field conditions. Payment for miscellaneous
placement of material will be made for only that amount of
,r material used, measured to the nearest one-tenth unit.
Payment for miscellaneous placement of material shall be in
" accordance with the General Contract Documents regardless of
the actual amount used for the project.
: CS-8.13 RECORD DOCUMENTS: Contractor shall keep on record a
- copy of all specifications, plans, addenda, modifications,
-- shop drawings and samples at the site, in good order and
annotated to show all changes made during the construction
process. These shall be delivered to Engineer upon completion
. of the work.
�
i
1
�8-8 �S�
L
�'�1R� A
SPLCIAL CONDITIONS
ITEM
D-1
D-2
D-3
D-4
D-5
D-6
D-7
D-&
D-9
D-10
D-ll
D-12
D-13
D-14
U-15
D-16
D-l7
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
PART D - SPECi�L CONDITIONS
"I'AI31_I� OF C'ONT[;N'I�S
1�AI3LE Of CONTF:NTS
General
Project Desi�;�lation
Right To Audit
Project Si�,*ns
Wage Rates
Existing Utilities
Substitutions
Crushed Limestone Backfill
Trench Safety System
Sanitary Sewer Manholes
Minority/Women Business Enterprise Compliance
Connection of Existing Mains
Easements and Permits
Site Preparation
Submission of Bids
Bid Quantities
Concrete and Accessaries
Interpretation and Preparation of Proposal
Bonds (City Let Projects)
Disposal of Spoil/Fill Material
Workers' Compensation lnsurance
Operating and Maintenance Manuals
Trench Excavation, Backfiil and Compaction
Shop Drawings
Post-Construction Television Inspection of Sanitar_y Sewers
Explanation of Bid Ttems
Cost Breakdo��vn
Samples and Quality Controi Testing
Protection of Trees, Plants, and Soil
Partial Estimates and Retainage
Manhole Inserts
Contractor's Responsibility for Damage Claims
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 Iatest revisions
are made a part of the Contract Documents for this project. The Plans, Special Conditions
and Provisions Documents, and the rules, regulations, requirements, instructions,
drawings or details referred to by manufacturer's name, number or identification included
therein as specifying, refening 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 shal! generally, but not
necessarily, follow the guidelines listed below:
l. 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�nation:
Consiruction under these Special Documents shall be performed under the Fort Worth
Water Department Project Designations:
Sewer Project Number: PS46-070460250030
D.O.E. Number: 2404
D-3 Ri�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 this contract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of the Contractor involving
transactions relating to this contract. Contractor agrees that the City shall have access
during normal working hours to all necessary Contractor facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. The City shall give contractor reasonable advance notice of
intended audits.
!�
D-1
,
�
.»
�� D-3 Right To Audit (Continued):
(b) Contractor further agrees to include in a11 its subcontracts hereunder a provision to the
� effect that the subcontractor agrees that the City shall, until the expiration of three {3)
years af'ter final payment under the subcontract, have access to and tlle rigllt to examsne
• and photocopy any directly pertinent books, docuinents, 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 cenis 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 Iocations 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 cast of the project and no additional compensation will be allowed.
� D-5 Wa�e 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
I statutory requirements, as being the prevailing classifications and rates that shali govem
'e- 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 sl�all less than the following rates of
� wages be paid. (Attached).
�
�
�
�_
D-6 Existin� 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 aIl 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 e�:tra
work or for increasing the pay quantities in any maiu-►er �vhatsoever.
- D-2
��
� D-6 Ezistina Utilitics (Continued�:
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 consiruction
operations. Contractor shall make all necessary provisions for the support,
protection, relocation, and or temporary relocation of all utility poles, gas lines, telephone
'" cables, utitity 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 lineai• foot of pipe
�
insta(led. 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 immediateiy notify the Owner of the damaged utility or
service line. He sliall 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.
r-
In case it is necessary to change or move the proPerty of any owner of a public utility,
such property shalt not be moved or interfered with until ordered to do so by the
Engineer. The right is reserved to the owner of public utilities to enter upon the limits of
the project for the purpose of making such changes or repairs, of their property that may
be made necessary by performance of this contract.
D-7 Substitutions:
" The specifcations for materials set out the minimum standard of quality which the City
r„ believes necessary to procure a satisfactory project. No substitutions will be permitted
until the Contractor has received written permission of the Engineer to make a
substitution for the material which has been specified. Where the term "or equal," or "or
approved eaual" is used, it is understood that if a material, product, or piece of equipment
bearing the name so used is furnished it will be approvable, as the particular trade name
R was used for the purpose of establishing a standard of quality acceptable to the City. If a
,. product of any other name is proposed for use, the Engineer's approval thereof must be
obtained before the proposed substitute is procured by the Contractor. Where the term
; "or equal," or "or approved equal" is not used in the specifications, this does not
.� necessarily exclude alternative items or material or equipment which rnay accomplish the
intended purpose. However, the Contractor shall liave the full responsibility of proving
, that the proposed substitution 'ts, in fact, equal, and the Engineer, as the representative of
- the City, shall be the sole judge of the acceptability of substitut�ans. The provisions of
...
this sub-section as related to "Substitutions" shall be applicable to all sections of these
specifications.
.--
�
D-3
J
�
D-8 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
-- compactioil s11all 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-9 Trench Safetv Svstem:
l. GENER.AL: This specification covers the trench safety requirements for all trench
excavations in order to protect workers from cave-ins. The requirements of this item
govern all trenches for mains, manholes, vaults, service lines, and all other
, appurtenances.
"' 2. STANDARDS: The latest version of the U.S. Department of Labor, Occupational
. Safety and Health Admznistration Standards, 29 CFR Part 1926, Subpart P-Excavations,
are hereby made a part of this specification and shall be the minimum governing
'' requirements for trench safety.
3. DEFINITIONS:
A. TRENCHES: A trench is referred to as a narrow excavation made below the surface of
the ground in which ihe 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 ihe side of the excavation to fifteen (15) feet or less at the bottom of the
excavation, the excavation is also considered to be a trench.
B. BENCHING SYSTEM: Benching means excavating the sides of a trench to form one
or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces
between levels.
C. SLOPING SYSTEM: Sloping means excavating to form sides of a trench that are
inclined away from the excavation.
D. SHIELD SYSTEM: Shields used in trenches are generally referred to as "trench
boxes" or "trench shields." Shield means a structure that is able to withstsnd the forces
imposed on it by a cave-in and protect workers witllin the structure. Shields can be
permanent structures or can be designed to be portable and move along as the work
progresses. Shields can be eitl�er premanufactured or job-built in accordance with OSHA
standards.
D-4
�.
��
� D-9 Trench Safetv Svstem (Continued):
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
(upriglrts), ]lorizontal rails (�vales) 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 irench safety
systems shall be based on the linear foot amount of trench depth greater than five (5)
.� feet.
'" 5. PAYMENT: Separate payrnent will be made only when trench excavations exceed a
depth of five (5) feet and shail be full cornpensation for safety system design, labor, tools,
materials, equipment and incidentals necessary for the installation and removal of trench
safety systems.
D-10 Sanitary Sewer Manholes:
�— The installation, replacement, and/or rehabilitation of sanitary sewer manholes will be
required as shown on the plans, ancUor as described in these Special Contract Docucnents
~ in addition to those located in the fiefd and identified by the Engineer. All manholes shall
be in accordance with sections E1-14 Materials for Sanitary Sewer Manholes, Valve
Vaults, Etc., and E2-14 Vault and Manhole Construction of the General Contract
Documents and Specifications, unless amended or superseded by requirements of
� this Special Condition.
l. Concrete Collars: Concrete collars when indicated on the plans will be required as per
Fig. 121.
2. Watertight Manhole Inserts: Watertight gasketed manhole inserts shall be installed in
sanitary sewer manholes when indicated on the plans. Inserts shall be constructed in
accordance with Fort Worth Water Department Standard E100-4 and shall be fitted and
installed according to the manufacturer's recommendations.
�
� 3. Lift-Holes: All lift holes shall be plugged with a precast concrete plug. The lift hole
shall be sealed on the outside of the manhole with Ram-Nek or an approved equal
sealant. The lift hole shall be seated on the inside of the manhole with quick setting
cement grout.
�
�.
�
4. Final Rim Elevations: A. ManhoIe rims in parkways, lawns, alleys, and other improved
lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch
above the surrounding ground. Backfill shall pro��ide a uniform slope from the top of
manhole casting for not less than three (3) feet each direction to existing finish grade of
the ground. The grade of all surfaces shall be checked for proper slope and grade by
string lining the entire area regraded near the manhole.
.
,
�
D-5
�
� D-10 Sanitary Se�ver Manholes (Continued):
B. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation
�' shown on the drawings or minimum of 6 inches above grade.
5. Manhole Covers: All lids shall have pick slots in lieu of pick holes. Manhole frames
�` and covers shall be McKinley, Type N, with indented top design, or equal, with pick
slots. Covers shall set flush with the rim of the frame and shall have no larger than 1/8-
inch gap between the frame and cover. Bearing surfaces shall be machine finished.
Locking manhole lids and franles will be restricted to locations within the 100 year flood
,.. plain and areas specifically designated on the plans. Certainteed Duciile Iron Manhole
Lids and Frames are acceptable for use where Locking lids are specified.
�
. 6. Shallow Manholes: Shallow manhole construction will be used when manhole depth is
four (4) feet or less. All shallow manholes shall be built in accordance �vith Fig. 106 or
�" per Fig. 103 but with a flat slab top (no cones sections will be allowed}. All shallow
manholes shall have a 24" x 40" cast iron lid and frame with pick slots. NOTE:
MANHOLES PER FIG. 105 WILL NOT BE ALLOWED.
�- 7. Manhole Steps: No Manhole steps are to be installed on any Sanitary Sewer Manhole.
� 8. Exterior surfaces of all manholes shall be coated with two mop coats of coal tar epoxy
paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol",
or equal to a minimum of 14 mils dry film thickness.
9. Manhole Joint Sealing
A. General: All interior and/or exterior joints on concrete manhole sections constructed
for the City of Fort Worth Water Department, excluding only the joints using a trapped
type preformed O-ring rubber gasket shall require bitumastic joint sealants as per
r
attached Figure M.
r
�
�
B. Materials: This sealant shall be preformed and trowelable bitumastic as manufactured
by Kent-Seal, Ram-Nek, E-Z Stick or equal. The joint sealer shail be supplied in either
extruded rope-form of suitable cross-sectional area or flat-tape form and shall be sized as
reconunended by the manufacturer and approved by the Engineer. The joint sealer shall
be protected by a suitable removable wrapper and shall not in any way depend on
oxidation, evaporation, or any other chemical action for either its adhesive properties or
cohesive strength. The joint sealer shall remain totally flexible without slu-inking,
hardening, or oxidizing regardless of the ]ength of time it is exposed to the elements.
The manufacturer shall furnish an affidavit attesting to the successful use of the product
as a preformed flexible joint sealant on concrete pipe and manhole sections for a period
of at least five years.
...
D-6
�
� D-10 Sanit�ry Se�ver Manholes (Continued):
C. Installation of Joint Sealant: Each grade adjustment ring and manhole frame shall be
� sealed with the above specified materials. Ali surfaces to be in contact with the joint
sealant sllall be thoroughly clean of dirt, sand, mud or other foreign matter. A primer
shall be apptied to all surfaces prior to installing the joint sealant in accordance with the
* recommendations by the manufacturer. The protective wrapper shall remain on the joint
sealant until immediately prior to placement of the pipe in the trench. After removal of
the protective wrapper, the joint sealant shal( be kept clean. Install frames and cover over
manhole opening with the bottom of the rings resting on bitumastic joint sealer. Frames
�., and grade rings shall rest on two (2) rows (inside and outside) of bitumastic joint sealer.
' 10: Sealing and/or Adjusting Existing Manholes: Excavate (rectangular full depth saw
cut if in pavement) adjacent to the manhole to expose the entire manhole frame and a
minimum of 6 inches of the manhole wall keeping t}ie sides of the trercch nearly
vertical.
A. Remove manhole frame from the manhole structure and observe the condition of the
frame and grade rings. Any frame or grade ring that is not suitable for use as determined
by the Engineer shall be replaced. Grade rings that are constructed of brick, block, or
materials other than precast concrete shall be replaced with precast concrete rings, ar
where necessary and approved by the Engineer, a precast flattop section. Precast
concrete rings, or precast concrete flattop section will be the only adjustments allo��ed.
B. In brick or block manholes replace the upper portion of the manhole to a point 24
inches below the frame. If the walls or cone section below this level are structurally
unsound, notif'y the Engineer prior to replacement of the grade rings and manhole
frame. Existing brickwork, if damaged by the Contractor, shall be replaced at the
Contractor's expense.
r
C. Wire brush manhole frame and exposed manhole surfaces to remove dirt and loose
debris. Coat exposed manhole surfaces with an approved bonding agent followed with
an application of a quick setting hydraulic cement to provide a smooth working surface.
`" D. If ihe inside diameter of the manhole is too large to safely support new adjustment
�. rings or frame, a flattop section shall be installed.
` E. Joint surfaces between the frame, adjustment rings, and cone section shall be free of
,. dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint
material in two concentric rings along the inside and outside edge of each joint, or use
trowelable material in lieu of preforir►ed gasket material. Position the butt joint for each
length of joint material on opposite sides of the manhole. No steel shims, wood, stones,
or any material not specificaliy accepted by the Engineer may be used to obtain final
`� surface elevation of the manhole frame.
�
D-7
G
�
�
� D-10 Sanitary Se�ver Manholes (Continued):
F. In paved areas or future paved areas, castings sliall be installed by usi�ig a straight edge
� not less than ten (10) feet long so tliat the top of casting will conform to the slope and
finish elevation of the paved surface. The top of t}ie casting shall be 1/8 inch below tiie
finished elevation. Allowances for the compression of the joint material shall be made to
+� assure a proper final grade elevation.
G. All exposed exterior surfaces shall be coated with two mop coats of coal tar epoxy
paint, Koppers "Bitumastic Super Service Black", Tnemec, "46-450 Heavy Tnemecol",
�, or equal to a minimum of 14 mils dry film thickness..
" 11. Measurement and Payment:
A. The price bid for new/replacement marihole instaliations shall inclade alf labor,
equipment, and materials necessary for canstruction of the manhole including but not
limited to joint sealing, lift hole sealing and exterior surface coating.
B. The price bid for adjusting and/or sealing of existing manholes shall include all labor,
equipment, and materials necessary for adjusting and/or sealing the manhole including
�. but
not limited to joint sealing, lifthole sealing and exterior surface coating.
.�
C. Payment for concrete collars and watertight manhole inserts, if required, will be made
separately, based on the appropriate bid items.
�
� D-11 Minoritv/Women Business Enternrise Comnliance:
Reference Part C(General Conditions), Section C3-3.2 Entitled "MINORITY
BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTER.PRISE
r
COMPLIANCE" shall be deleted in its entirety and replaced with ihe following:
Upon request, Contractor agrees to provide to Owner complete and accurate information
regarding actual work performed by a Minority Business Enterprise (MBE) and/or a
` Woman Business Enterprise (WBE) on the contract and payment iherefore. Contractor
�
furtlier agrees to permit an audit and/or examination of any books, records or files in its
possession that will substantiate the actual work performed by an MBE and/or WBE.
'� The misrepresentation of facts (other than a negligent misrepresentation) and/or the
� commission of fraud by the Contractor wilI 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
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-8
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�
[�
� D-12 Connection of ExistinE 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 wor� sllall be
r• considered as incidental to construction. Where it is required to shut down existing
mains in order to make proposed connections, such down time shall be coordinated with
the Engineer, and all efforts shall be made to keep this down time to a minimum. In case
of shutting down an existing main, the Contractor shall notify Mr. James Anderson,
� Manager, Construction Services, Phone 871-7813, at least 48-hours prior to the required
shut down time. The Contractor's attention is directed to Paragraph CS-5.15
� INTERRUPTION OF SERVICE, Page CS-5(5), PART C- GENERAL CONDITIONS
OF THE WATER DEPARTMENT GENERAL CONTR.ACT DOCUMENTS AND
GENERAL SPECIFICATIONS. The Contractor shall notify the customer both
r" 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-13 Easements and Permits:
Easements and permits, both temporary and permanent, have been secured for this project
at this time and rnade a part t�lereto. Any easements and/or permits, both temporary and
permanent, that have not been obtained by the time of publication shall be secured before
construction starts. No work is to be done in areas requiring easements and/or permits
unti! the necessary easements are obtained. The Contractor's attention is directed to the
easement description and permit requirements, as contained herein, along with any
- special conditions that may have been imposed on these easements and perniits.
� Where the pipetine crosses privately owned property, the easements and construction
areas are shown on the plans. The easements shall be cleaned up after use and restored to
their original conditions or better. In the event additional work room or access is required
by the Contractor, it shall be the Contractor's responsibility to obtain written permission
'�- from the property owners irivolved for the use of additional property required. No
�.
additional payment will be allo�ved for this item.
` D-14 Srte Pre�aration:
r
The Contractor shall clear rights-of-way or easements of obstruction which must be
removed to make possible proper prosecution of the work as a part of this project
construction operations. The contractor's attention is directed to paragraph C6-6.10 work
within easements, page C6-6(4), part C- General Conditions of the Water Department
General Contract Document and General Specifications.
_ Clearing and restoration shall be considered as incidental to construction and all costs
incurred will be considered to be included in the Linear Foot price of the pipe.
D-9
�
�
� D-15 Submission of Bids:
This document is desioned as two separate contract documents and proposals and shall
� not be construed as being a package. The Proposal Sections are desi�ned as two separate
proposals and are arranged to allow the Contractor to submit a bid on each individual
praposal. The total low bid of each proposal is the apparent successfi�l bidder. If the
f►�* Contractor only submits a bid on one proposal and is the lowest proposed price total, the
Contractor will be the apparent successful bidder for this individual proposal.
Unit I consists of the water and/or sewer line replacements.
��
Unit II consists of the street and/or storm drain improvements.
r-
D-16 Brd Ouantities :
Bid quantities of the various items in the Proposal are for bid comparison only and inay
�,,, not reflect the actual quantities (See General Conditions C2-2.2 anc3 C4-4.3). Moreover,
there is to be no limit on the variations between the estimated quantities shown and actual
� quantities performed.
�"' D-17 Concrete and Accessories:
l. SCOPE: The requirements of this Section shall govern for all materials used and for
the storage, handling, measuring, proportioning, and mixing or cambining such materials
in producing concrete for special manholes and incidental pier construction.
�
All other conerete construction shall be governed by the General Contract Document
� Specifications. All materials shall be in accordance with requirements of ACI 301, unless
� amended or superseded by requirements of following articles or generaI notes on the
�
Plans.
Concrete shall be composed of normal Portland cement or high early strength cement,
coarse aggregate, fine aggregate, and water proportioned and mixed as hereinafter
provided in these specifications.
«.-
When not specifically shown on the plans or stated in the Special Contract Documents,
all concrete shall be 3000 pss Type II, unless othen�vise directed by the Engineer.
"Central Plant", or "Transit Mixed" concrete may be permitted, but only with Engineer's
approval.
2. TESTING AGENCY: All testing shall be done by an approved testing laboratory
selected and paid by the Contractor. Three (3 )cylinder samples should be performed at
`" each 20-yard interval o concrete that is placed.
�
D-l�
V
�
� D-17 Concrete and Accessories (Continued�:
�. CEMENT' (ACI 301 2.1): Only one brand of cement shall be used in any one structure,
� except by vvritten permission of the Engineer. When such permission is granted and more
than one brand is used in one structure, the resulting concrete shall be uniform in color.
Portland cement shall meet ihe requirements of ASTM C150, Type II with a maximum of
�% tricalcuim aluminate for exposure to sewage. All cement shall be sampled and tested
in accordance with ASTM C 183, C 184, C 187, C 188, C 190, and C 191, "Sampling and
Testing Portland Cement".
�
4. WATER (ACI 301 2.3): The water used in all concrete shall be free from objectionable
^ quantities of silt, organic matter, alkali, salts, and other impurities.
5. COARSE t1GGREGATE (ACI 30I 2.4): Coarse aggregate shall consist of gravel or
crushed stone t��eeting the requirements of ASTM C33. When tested by ASTM C 131
procedures, coarse aggregate shall have a percentage of wear of not more than forty (40).
Coarse aggregate for Class F concrete shall have a minimum of fifty (50%) percent
calcium carbonate equivalent.
M�
,r. 6. FINE AGGREGATE (ACI 301 2.4): fiine aggregate shall consist of natural sand,
manufactured sand, or a combination thereof conforming to ASTM C-33.
When tested in accordance with ASTM 40, "Test of Organic Impurities in Sands for
�
Concrete", the fine aggregate shall not show a color darker than the standard color.
When the fine aggregate, to be used on the job, is mixed with High Early Strength
�, Portland Cement in the proportion of one to three, the average tensile strength of not less
than tluee standard mortar briquets shall be equal to or greater than the tensile strengtli of
.- Ottawa sand mortar briquets of the same consistency when tested at tlie age of three days.
7. ADMIXTURES (ACI 301 2.2): A. General: Unless specified, no admixtures may be
used without specific approval of the Engineer. Admixtures containing more than 1%
�
chloride ions may not be used.
� B. Air Entraining Agent: Conform to ASTM C260. Add air entraining agent as indicated
in ACI 301, Table 3.4.1.
C. Water Reducing Admixtures: Conform to ASTM C494, Type A; Euclid Chemical Co.
Eucon WR-75, Master Builders Pozzolith 200N, Protex PDA or approved equal. (At
Contractor's option, water reducing admixture may be used to reduce cement content and
improve workability.) Use according to manufacturer's reconvr►endations.
�
D. High Range Water Reducing Admixture (Super Plasticizer): Conform to ASTM C494,
�' Type F or Type G; Euclid Chemical Co. Euco n37, Sike Chemical Corp. Sikament or
approved equal.
�..
�
D-11
�
� D-17 Concrete and Accessories (Continued�:
8. STORAGE OF CEMENT (ACI 301 2.5): Unless otherwise provided, all cement shall
" be stored in well ventilated weatherproof buildings which wrll protect the cement from
dampness. The floor supporting the cement shali clear the ground a sufficient distance to
prevent the absorption of moisture by the cement. Provisions for storage shall be ample in
capacity, and the shipments shall be segregated in sucI� a manner as to provide easy
access for identification and inspection of each shipment.
The Engineer may permit small quantities of cement to be stored in the open for a short
w� period of time, (maximum 48 hours) if a raised storage platfornl and adequate waterproof
covering are provided. No cement shall be used which has become lumped, caked or
r hardened.
9. STORAGE OF AGGREGATES(ACI 301 2.5): The handlin� and storage of aggregate
to be used in making concrete shall be such as to prevent the admixture of foreign
materials. If the aggregates are stored on the ground, the site of the stock piles shal( be
grubbed, cleared of all weeds, grass and other vegetation, and leveled off sa that the
entire area will be properly drained. The bottom layer of aggregate shall noi be disturbed
`- or used.
«�
When the contract requires the use of two (2) or more sizes of aggregates, the different
sizes shall be stored in such a matuier as to prevent intermixing.
Materials in stock piles shall be handled and placed in such a manner that segregation of
'"' materials within the pile will be avoided, and each pile shall be built up in horizontal
f,, layers of not more than three (3) feet in depth.
`"' 10. CONSTRUCTION JOINT BONDING (ACI 301 6.1.4.1): Polyvinyl acetate type
r.. bonding compound. Euclid Chemical Co. Euco Weld, Larsen Welacrete or approved
equal. Omit 6.1.4.2 and b.1.4.3
11. ACCESSORIES FOR FORMS (ACI 301, Chapter 4): A. Cone Ties: 11/16" diameter,
�,.
1" depth, plastrc cone and neoprene waterstop ring with suitable snap tie. B. Chamfer
Strips: 3/4" 45 degree }ob cut wood.
I2. STRUCTURAL REPAIR MATERIALS (ACI 301 9.4): With prior approval of the
Engineer as to methods and procedures, make structural repairs with Euclid Chemical Co.
Euco Epoxy 456, 400, 463 or Sika Chemical Corp. Culma Dur Mortar, Sikadur Hi-Mod
L.V. ,or Sikadur Hi-Mod or approved equal.
13. MIXING OF CONCRETE: A. Central Mixing Plant: A central mixing plant will be
allowed provided the method of mixing and handling has first been approved by the
Engineer, and concrete produced is in conformity with the specification requirements.
Concrete:
D-12
�
�
� D-17 Concrete and Accessories (Continued):
1. Hauling Time: Discharge all concrete transmitted in a truck mixer, agitaTor or otlier
� iransportation device within 1-1/2 hours af'ter the mixing water lias been added.
?. Extra Water: Deliver concrete to the job in exact quantities required by the design mix.
�- Should extra water be required before depositing the concrete, the Engineer shali have
sole authority to authorize the addition of water. Any additional water added to the mix
after leaving the batch plant shall be indicated on the iruck ticket and signed by the
person responsible. Wl�ere extra water is added to the concrete it shall be mixed
�„ tl�oroughly for 40 revolutions of the drum or 3-1/2 minutes at mixing speed, whichever is
greater.
B. Transit Mixing: When transit mixing is used, the transit mixer shalt be of an approved
revolving drum or revolving blade type so constructed as to produce a thoroughly mixed
concrete with a uniform distribution of the materials throughout the mass and shall be
equipped with a discharge mecl�anism which will insure the discharging of the mixed
concrete without segregation.
... The mixer drum shall be water-tight wllen closed and shall be equipped with a locking
device which will automatically prevent the discharging of the mixer prior to receiving
`� tl�e required number of revolutions.
The entire quantity of mixing water shall be accurately measured and controlled. Each
batch shall be mixed to the consistency as described herein. Any additional mixing shall
be done at a slow speed specified by the manufacturer for agitation and shall be
continuous until the batch is discharged.
° 14. CONSTRUCTION JOINTS: Construction joints shall be placed as shown on the
r
pians unless otherwise specifically authorized by the Engineer. All construction joint
shall be made on horizontal and vertical planes and formed with mortises or keys made in
the concrete unless shown otherwise on the pians.
A. Construction Joint Bonding (ACI 302 6.1.4.1) Polyvinyl Acetate type bonding
"" compound. Euclid Chemical Co., Euco Weld, Larsen Welacrete or approved equal and
�. applied as recommended. Omit 6.1.4.1 and 6.1.4.3.
"-� I5. FORMS:
�. A. FORMWORK (ACI 301, CHAPTER 4) 1. Earth Cuts (ACI 30I 4.1.3): Shall not be
used as forn�s for vertical surfaces unless approved by the Engineer. 2. Chamfer Strips
(ACI 301 42.4): Install 45 degrees chamfer strips at exposed outside corners.
B. FORM REMOVAL (ACI 301 4.5)i. Form Rernoval: Remove formwork supporting
`� weight of concrete only after notifying Engineer and in a manner to insure safety of the
.- structure. Under normal conditions. Formwork may be removed when concrete is at least
14 days old and has reached 90 percent of specified strength. When temperature is below
45 degrees F leave formwork in place an additional period of the equaling time structure
D-13
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�
V
� D-17 Concrete and Accessories (Continuedl:
was exposed to lower temperature. No live load permitted on new construction after form
"� removal until concrete is at least ?8 days old and has reaclled full specified strength.
2. Form Facing Material Removal: Form facing material which is removable without
disturbing shores may be removed when concrete is at least 7 days old. Facing may be
removed earlier if specifically approved by the Engineer and acceptable curing
compound is applied to all surfaces immediately after form removal.
•- G RESHORING (ACI 301 4.6) Reshoring permitted only after prior review by Engineer.
'r D. FORM REUSE Clean all fornl material suitable for reuse before erection. No forn�
material will be acceptable for reuse if, in ihe opinion of the Engineer it will not produce
a finished surface required by these Specifications or called for on the drawings.
16. PLACING CONCRETE (ACI 301): On ��ertical forniwork, use approved bar chairs
or spacer as requrred to maintain proper concrete cover and bar position.
-• 17. REPAIR OF SURFACE DEFECTS (ACI 309 9.1): Allow Engineer to inspect
r-
concrete surfaces immediately upon removal of forms. Modify or replace concrete not
conforming to required lines, detail and elevations. Repair or replace concrete not
properiy placed resulting in excessive honeycombing and other defects. Do not patch,
repair or replace exposed architectural finished concrete except upon_express directions
�
of Engineer. Patching of tie holes and defects is required.
.. 18. FORMED SURFACE FINISHED (ACI 301 10.4): Formed surface finished per ACI
301 10.4.
19. CURING (ACI 301 12.1): A. Impervious Coating: Applied specified curing
cotnpounds immediately after final finishing of slabs. Apply in quantities recocnmended
by the manufacturer.
B. Wet Covering: Curing shall be continued for at least four curing days after the
` concrete is placed.
r-
20. MISCELLANEOUS FINISH REQUIREMENTS: All other concrete finish work not
indicated on the plans shall be provided herein, even though not specifically mentioned,
as follows:
1. Finishing Exposed Surfaces: All tie wires shall be cut below surface then pointed over.
All iinperfections such as fins shall be removed ai�d local surface depressions pointed
over.
D-l4
�
� D-17 Concrete and Accessories (Continuedl:
21. PAYMENT FOR CONCRETE: The concrete quantities for the various structures will
�, be paid for at tlie lump sum for the construction of tlie special ma«ilole and piers. Price
will be full compensation for furnishing, hauling, and mixing all concrete materials;
placing, curing and finishing all concrete; all grouting and pointing; cost of concrete mix
� design e�:cept as provided in Special Contract Documents; furnishing and placing metal
flashing strips; and for aIl forms and formwork, labor, tools, equipment, and incidentals
necessary to complete the work.
�
D-18 Intcrr�retation and Prenaration of Pro�osal:
�'- Part C- Generai Conditions, Section C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the
following:
C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by iis proper Bid Security, to the Purchasing Manager or his
representative at ihe official location and stated time set forth in the "Notice to Bidders."
,... It is the Bidder's sole responsibility to deliver the proposat at the proper time to the
proper place. The mere fact that a proposal was dispatched will not be considered. The
*" Bidders must have the proposal actually delivered. Each proposal shall be in a sealed
envelope plainly marked with the word "PROPOSAL," and the name or description of
the project as designated in the "Notice to Bidders." The envelope shall be addressed to
tI�e Purchasing Manager, City of Fort Worth Purcliasing Division, P.O. Box 17027, Fort
� Worth, Texas 76102.
r" C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing
�-• Manager cannot be withdrawn prior to the tiine set for opening proposals. A request for
non-consideration of a proposal must be made in «�riting, addressed to the City Manager,
� and filed with him prior to the time set for the opening of proposals. After all proposals
not requested for non-consideration are opened and publicly read aloud, the proposals for
which non-consideration requests have been properly filed may, at the option of the
Owner, be returned unopened.
...
.--
C2-2.9 TELEGR.APHIC MODIFICATION OF PROPOSALS: Any bidder may modify
hjs proposal by tetegraphic communication at any time prior to the time set for opening
proposals, provided such telegraplzic communication is received by the Purchasing
Manager prior to the said proposal opening time, and provided further, that the City
Manager is satisfied that a written and duly authenticated confirmation of such
te(egraphic communication over the signature of the bidder was mailed prior to the
proposal openin� time. If such confirmation is not received within forty-eight (48) liours
after the proposal opening time, no further consideration will be given to the proposal.
�
�
D-15
�.
�
�
�
D-19 Iionds (Citv Let Proiectsl:
Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make
the following revisions:
� 1. Pg. C3-3(3); the paragraph after paragraph C3-3.7d--Other Bonds should be revised
r- to read: No surety will be accepted by the O«�ner which are at the time in default or
delinquent on any bonds or which are interested in any litigation against ihe Owner. All
bonds shall be made on the fornis fumished 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 requrred, 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 subparagraph a.
COMPENSATION INSURANCE.
�
3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph g. LOCAL
� AGENT FOR INSURANCE AND BONDING.
D-20 Dis�osal of Spoil/Fill Material:
- Prior to the disposing of any spoil/fill material, the contractor shall advise the Director of
the Department of Engineering, acting as the City of Fort Worth's Flood Plain
�� Administrator ("Administrator"), of the location of all sites where the contractor intends
-� to dispose of such material. Contractor shall not dispose of such maierial until the
�
proposed sites have been determined 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 filling is not occurring within
a flood plain without a pe�nit. 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
L 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 eYpenses associated
M with obtaining the fill permit, including any necessary engineering studies, shall be at
.
contractors' expense. In the event ihat the contractor disposes of spoil/fill material at a
site without a fill permit or a letter from ihe Administrator approving the disposal site,
upon notification by the Director of the Department of Engineering, Contractor shall
remove the spoil/fill material at its expense and dispose of such materials in accordance
��vith the Ordinances of the City and this section.
�
'
�
D-16
�
�
� D-21 �'Vorkers' Comnensation Insurance:
A: Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the
� Owner (City) a certificate showing that it has obtained a policy of workers compensation
insurance covering each of its employees employed on the project in compliance with
state law. No Notice to Proceed will be issued until the Contractor has complied with
�'" this section.
B: Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each
and every subcontractor who will perform work on the project to provide to it a
i„ certif cate 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).
R'" C. Workers Compensation Insurance Coverage
1. Definitions:
�... Certificate of coverage ("certificate"). A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the Texas Workers' Compensation
''� Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or
entity's employees providing services on a project, for the duration of the project.
� 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
r accepted by the
��' City.
r�
...
r-
Persons providing services on the project ("subcontractor" in section 406.096)-
includes ail persons or entities performing all or part of the services the contractor has
undertaken to perforni on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or
employees of any entity which furnishes persons to provide services on the project.
"Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or 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 a�1d payroll amounts and filing of any coverage agreements, which meets the
. statutory requirements of Texas Labor Code, Section 401.011(44) for all ernployees of
the contractor providing services of the project, for the duration of the project.
�
�
�
D-17
?"
D-21 Workers' Comnensation Insurance (Continued�:
3. The Contractor must provide a certificate of coverage to the governmental entity prior
to being awarded ihe contract.
4. If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the City showing that coverage has been
extended.
� 5. The coniractor 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 on file certificates of coverage s�iowing
�� 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 ihe duration of the project.
'� 6. The contractor shall retain all required certificates of coverage for the duration of the
,. project and for one year thereafter.
" 7. The contractor shall notify the City in writing by certified mail or personal delivery,
within ten (10) days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
proj ect.
8. The contractor shall post on each project site a notice, in the text, form and manner
w
prescribed by the Texas Worker's Compensation Commission, informing all persons
- providing services on the project that they are required to be covered, and stating how a
� person may verify coverage and report lack of coverage.
'�� 9. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
r
- (a) provide coverage, based on proper reporting on the classification codes and
� payroil 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 tl�e person providing services on the project, for the duration of the project;
�
D-1 8
�
J
� D-21 Workers' Com�ensation Insurance (Continuedl:
(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
sliown on the current certificate of coverage ends during the duration of the
project;
(d) obtain from each other person with whom it contracts, and provide to the
contractor:
(1) a certificate of coverage, prior to the other person beginning work on
the project; and
(2) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(e) retain all required certifcates of coverage on file for the duration of the
project and for one year thereafter.
v
(fl notify the City in ��vriting by certified mail or personal delivery, within ten
"w (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.
�
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 ihat ail coverage agreements
`` will be filed with the appropriate insurance carrier or, in the case of a self-insured, with
r. 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.
.R
11. The contractor's failure to coFnply with any of these provisions is a breach of contract
by the contractor which entitles the City to declare the contract void if the contractor does
not remedy the breach within ten days after receipt of notice of breach from the City.
" D. Posting of Required Worker's Compensation Coverage. The contractor shall post a
. notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage
and report failure to provide coverage. This notice does not satisf`y other posting
D-19
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�
� D-21 �'Vorkers' Comnensation Insurance (Continued):
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 Englisll and
Spanish and any other language common to the worker population. The text for the
*-� notices shall be the following text, witlzout any additional words or changes:
REQUIRED WORKER'S COMPENSATION COVERAGE
�, "The law requires that each person working on this site or providing services related to
this construction project must be covered by worker's compensation insurance. This
j' 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 512-440-37�9 to receive
information on the Iegal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage.
r D-22 O�erating and Maintenance Manuals:
A. The Contractor shall provide five copies of complete "O & M Manuals." All
information should be bound in five separate loose-leaf binders and delivered to the
Owner at least two weeks prior to final inspection of the project.
B. For each product, equipment, or system the following data shall be provided (unless
deemed inappropriate by the Engineer):
� 1. A general description of the equipment or system listing the major components,
�,, intended service, and other general data.
2. Technical data including nameplate data, design parameters, ratings, capacity,
performance data, operation curves, characteristics and the like. Clearly distinguish
between information which does and does not apply.
r. 3. List of warnings and cautions to be observed during installation, operation, and
maintenance.
�,.
p, 4. Fully detailed installation and operating instructions including special tools required,
aiigzunent instructions, start-up and shut-down sequences.
5. Maintenance, service, and repair instructions including maintenance and service
schedules, materiais and methods for performing routine, special, a�id arulual service.
�
� 6. Troubleshooting guide and check list indicating common failures, test methods and
procedures for determining component fault or failure.
D-20
�..
D-22 Onerating and Maintenance Manuals (Continuedl:
7. Spare parts list indicatrng part and order number witli name and address of supplier.
Include current prices of replacement parts and supplies.
8. Typewritten test reports including material and system tests performed. Including date
of test, testing party, witnesses and record of test conditions and results in test reports.
9. Diagrams to include controls, wiring, installation or operation of the equipment or
system.
10. Copies of all "REVIEWED" shop drawings.
1 I. Copies of all manufacturer supplied warranties and guarantees.
- C. The contractor should submit two preliminary copies of the operation and maintenance
manuals to ihe Engineer at least six weeks prior to final project inspection for review.
One copy of the documents will be returned to the Contractor marked "APPROVED" or
"REVISE AND RESUBMIT." If it is marked APPROVED, the contractor only needs to
�_, provide four additional copies. If it is marked "REVISE AND RESUBMIT," repeat the
"O & M Manual" submittal in accordance with this item.
r.
�~ D-23 Trench Excavation, Backfill and Comnaction:
" Trench excavation and backf 11 under parking lots, driveways, gravel surfaced roads,
within easements, and within existing or future R.O. W, shall be in accordance with
Sections E1-2 Backfill 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 wiIl be
exceeded, the Contractor will be required to support the pipe with an improved trench
bottom. The expense of such remedral 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 for Type "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 soiis in all
involved areas, with a map showing the location and deptli of the various test holes. If
excavated material is obviously granular in nature, containing little or no plastic material,
D-21
.i
� D-23 Trench Excavatson, Backfill and Com�action (Continuedl:
tlle Engineer may waive the test report requirement. See E1-2.3, Type "C" or "D"
� Backfill, and E2-2.11 Trench Backfill for additional requirements. Wlien Type "C" back-
fill materia! 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 A. Sand material specified in Figure A shall be obtained
from an approved source and sl�all consist of durable particles free of thin or elongated
pieces, lumps of clay, soil, loam or vegetable matter and shall meet the following
gradation:
�
Size Sieve % Retained
— #4 0-5
# 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. Backfil! 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 dan�age 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 commercia] rates as determined by the City. These soil density tests
�'� shall be perfornied at two (2) foot vertical intervals beginning at a level two (2) feet
F�
above the top of the installed pipe and continuing to the top of the completed backfill at
intervals along the trench not to exceed 300 linear feet. The Contractor will be
responsible for providing access and trench safety system to the level of tre�ch 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 aizd backfill will be included in the price bid per
linear foot of water and sewer pipe.
3
�
�
D-22
�
� D-24 Shon Dr�win�s:
1. Submit seven (7) co�ies of sl�op drawings, layouts, manufacturer's data and material
'r' scliedules as may be required by the Engineer for his revie�v. Submittals may be checked
by and stamped with the approval of the Contractor and adentified as the Engineer may
require. Such review by the Engineer shall include checking for general conformance
with the design concept of the project and general compliance with information given in
the General Contract Documents. Indicated actions by the Engineer, which may result
from his review, shall not constitute concurrence with any deviation from the plans and
specifications unless such deviations are specifically identified by the method described
,�• below, and further shall not relieve the Contractor of responsibility for errors or
omissions in the submitted data. Processed shop drawing submittals are not change
"" orders. The purpose of submittals by the Contractor is to demonstrate that the Contractor
understands the design coilcept, and that he demonstrates l�is understanding by indicating
which equipment and materials he intends to furnish and install, and by detailing the
f fabrication and installation methods he intends to use. If deviations, discrepancies or
�+ conflicts between submittals and the design drawings and/or specifications are
discovered, either prior to or after submittals are processed, the design drawings and
� specifications shall govern. The Contractor shall be responsible for dimensions which
are to be confirmed and correlated at the job site, fabrication processes and techniques of
constriction, coordination of his work with that of other trades and satisfactory
`4
performance his work. The Contractor shall check and verify all measurements and
- review submittals prior to being submitted, and sign or initial a statement included ���ith
the submittal, which signifies compliance tivith plans and specifications and dimensions
suitable for the application. Any deviation from the specified criteria shall be expressly
`" stated in writing in the submittal. Three (3) copies of the approved submittals shall be
retained by the Contractor until completion of the project and presented to the City in
� bound form.
*„ 2. Shop drawings shall be submitted for tI�e following items prior to installation:
List the required submittals here
Additional shop drawing requirements are described in some of the material
�' specifications.
�
3. Address for Submittals - The submittals shall he addressed to the Chief Design
Engineer:
John Kasavich (ph. 871-8480)
City of Fort Worth Water Department
1000 Throckmorton
Fort Wortl�, TX 76102
D-23
�
�
�.. D-25 Post-Construction Television Insnection of Sanrtary Se�vers:
A. General: This special condition covers the furnishtng of all necessary materials and
'� equipment to perform post-construction television inspection of ail sanitary sewer lines
installed under this contract. Tliis television inspection is considered as a part of the final
inspection. A satisfactory inspection is required before the project is considered
complete.
B. Material:
-�- 1. VHS format video cassette recording equipment and tapes are required for video
taping. The television camera used for the inspection shall be specifically designed
� and constructed for such inspection and shall provide a color picture. Lighting for the
camera shall be suitable to allow a clear picture of the entire periphery of the pipe
acceptable to the Engineer. The camera shall be operative in ] 00 percent humidity
conditions and shall have a minimum of 600 Izne resolution.
2. Recording equipment shall be equipped with data recorder capable of the
following:
� a. Date and tirne
�, b. Footage
c. Project name, contract number, contractor, and inspection firm
d. Location, main/lateral number, and station number
C. Execution:
�
1. The Contractor shall obtain ihe services of a qualified independent company to
perform the television inspection.
� 2. The Contractor shall provide traffic control during inspection operations to
maintain public traffic and safety of all personnel.
3. The Contractor shall clean all construction debris, sand, and gravel from the sewer
to be inspected.
r� 4. Satisfactory precautions shall be taken to protect the sewer lines from damage that
might be inflicted by the improper use of inspection equipment. Any damage done
during inspection shall be repaired by the Contractor. There shall be no additional
payment ₹�or these repairs.
r,;
5. Internal Television Inspection
� a. The inspection shall be done one sewer section at a time. The section being
inspected sl-►all be isolated from the remainder of the sewer in a manner approved
- by the Engineer. Any defects found shall be repaired by the Contractor and then
re-inspected. There shall be no additional compensation allowed for sucli repair
or re-inspection.
D-24
�
[��
�, D-2� Post-Construction Telcvision Ins�ection of Sanitary Se�vers (Continued):
b. The camera shall be moved through the line in either direction at a uniformly
'- slow rate, stopping at a[1 defects to allow adequate evaluation by the Engineer. In
addition, the camera shall be stopped at each service connection.
c. Cost for excavation to retrieve inspectioii equipment shall be the responsibility
of the Contractor. The City shall not be Iiable for any costs relative to retrieving
inspection equipment from the sewer system.
w d. Sanitary sewer mains must be laced with enough water to fill all low points.
The television inspection must be done immediately following the lacing of the
'� main with no water flow. Sanitary sewage may be used to propel the camera if
the main is live. However, flow may be restricted in a manner approved by the
Engineer when necessary to provide a clear image of the sewer being inspected.
e. Telephones, portable radios, CB, walkie talkies, or other electronic means of
communication must be set up where voice or manual communication is not
feasible.
�
�-
6. Viewing
a. The television inspection company shall provide facilities for the purpose of
viewing the monitor while the inspection is in progress.
b. The Engineer shall witness the television inspection.
7. Record Logs
r_ a. The video tape of each sewer segment shall note on the tape the project name
and numher, tlie main or lateral number, the beginning manhole station, the
ending manhole station, the time and date of inspection. Footage for camera
location in the sewer line shaIl be displayed continuously during the inspection.
"" b. The original unaltered cassette video tapes will be reviewed by the Engineer
� for focus, lighting, clarity of view, and technical qualzty. The inspection company
shall maintain sharp focus, proper lighting, and clear, distortion-free viewing
` during the camera operations. Failure to maintain these conditions can result in
r rejection of the video tape by the Engineer. Any sewer line whose video tape is
; not acceptable to the Engineer shall be retelevised at no expense to the City.
•* c. Defects shall be described and quantified on the video tapes by the company
� doing the inspection. Measurement for location of defects in sewer mains shall be
y at the ground level by means of a metering device. Marking on cable or the like
.- which requires interpolation for depth of manhole will not be allowed.
Measurement meters shall be accurate to 02 feet. Measurements shall be taken
from the center of the manhole and displayed on the video tape.
D-25
v
�
� D-2S Post-Construction Television Tnsnection of Sanitar-v Sewers (Continuedl:
d. A typewritten report shall be provided with the video tape. Each rwl sheet
r' shal] identify the segment being televised, and the location of each service or
_ � defect with its appropriate clock position.
r'"' e. Upon completion of the project, the Contractor shall provide to the City the
video tapes of each section of sewer line televised.
D. Measurement and Payment
<,..
Payment for internal television inspection shall be paid at the contract price per linear
"� foot of sewer pipe televised. Length shall be measured in place along the centerline of
the pipe for each sewer segment. The contract price shall include all costs associated
with internal television inspection, vie�ving, record logs, and cassette video tapes.
D-26 Exnlanation of Bid Items:
TI�e total scope of work for this job has been separated into several bid items as shown in
-. the Proposal. All materials and workmanship necessary to furnish a complete and
funetional job, whether shown, included or implied in the eonstruction plans and/or
� specifications, shall be supplied in this contract. The Contractor shall include the cost for
all miscelianeous and subsidiary work not specifically mentioned in the Proposal in the
various bid prices.
D-27 Cost Breakdown:
In order to establish a basis upon which partial payments to the Contractor may be
authorized, immediately after execution of the contract the Contractor shaIl furnish a
�. detailed cost breakdown of his contract price arranged and itemized to meet the approval
of the Engineer.
D-28 Samnles and Oualitv Control Testin�:
` a. The Contractor shall furnish, at his own expense, certifications by a private laboratory
� for all 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.
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 wliich are to be used later in the concrete. The Contractor shall provide a
�- certified copy of the test results to the City.
�
('
�..,
D-26
r
�
� D-28 Samnles and Oualitv Control Testina (Continued):
c. Quality co�itro! testin; 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 t11e material to
meet project specifications will be at tl�e 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 requiretnents of the contract.
d. Not less than 24 hours notice shall be provided to the City by the Contractor for
y... operations requiring testing. The Contractor shall provide access and trench safety
systecn (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 sliall 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-29 Protection of Trees, Plants, and Soil:
All property along and adjacent to the Contractor's operations including lawns, yards,
r� 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
r
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
`" Contraclor by the City.
.•
To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees
shall he 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 wiIl be considered a subsidiary cost of the project.
D-27
�
�
�
D-30 Partial Estimates and Retaina�e:
Reference Part C(General Condztions), Section C8-8.5 Entitled "PARTIAL
ESTIMATES AND RETAINAGE" shall be deleted in its entirety and replaced with the
following:
Partzal 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 lOth day and 25th day respectively. EstiFnates 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 inciude acceptable nonperishable materials
delivered to the work place which are to be incorporated into the work as a permanent
part thereof, but which at the time of the pay estimate have not been so installed. If such
materials are included within a pay estimate, payment shall be based upon 85% of the net
invoice value thereof. The Contractor will furnish the Engineer such information as may
be reasonably requested to aid in the verification or the preparation of the pay estimate.
For contracts of less than $400,000 at the time of execution, retainage shall be ten percent
(10%). For contracts of $400,000 or more at the time of execution, retainage shall be five
percent (5%).
Contractor shall pay subcontractors in accord with the subcontract agreement within five
(5) business days after receipt by Contractor of the payment by Cit
to make the required payments to subcontractors will authorize
future payments from the Contractor until compliance wit
"' accomplished.
�
y. Contractor's failure
the City to withhold
h this paragraph is
It is understood that the partial pay estimates will be approximate only, and all partial pay
estimates and payment of same will be subject to correction in the estimate rendered
following the discovery of the mistake in any previous estimate. Payment of any partial
pay estimate shall not be an admission on the part of the Owner of the amount of work
done or of its quality or sufficiency or as an acceptance of the work done; nor shall same
release the Contractor of any of its responsibilities under the Contract Documents.
`` 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-28
�
D-31 Manhole Inserts:
At the direction of the Engineer, the Contractor shall provide a�vatertipht insert. The
manhole insert shall fit in the manhole between the manhole lid and the manhole lid
frame and shall provide a water ti�ht barrier which will prevent water from infiltrating
into the manl�ole. Manhole inserts shall be manufactured by Knutson Enterprises,
Noflow-Inflow, or approved equals.
Payment shall be made at the unit price bid in the proposal and shall be fuil compensation
for all labor, material, equipment, and incidentals necessary to complete the work.
D-32 Contractor's Responsibility for Dama�e Claims:
Section C6-6.12 of the General Conditions shall be deleted in its entirety and replaced
with the following:
C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS:
Contractor covenants and agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole ne�ligence. In addition, Contractor
. covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
Owner, its officers, servants and employees, from and against any and all claims or
suits for property loss, property damage, personal injury, including death, arising out
. of, or alleged to arise out of, the work and services to be performed hereunder by the
Coniractor, its officers, agents, employees, subcontractors, licensees or invitees,
whether or not any such in,jury, dama�e or death is caused, in �vhole or in part,
by the negli�ence or alle�ed ne�li�ence of Owner, its officers, servants, or
employees. Contractor likewise covenants and agrees to indemnify and hold
harmless the Owner's officers, servants and employees and any damage, loss or
• destruction to property of the Owner arising from ihe performance of any of the terms
and conditions of this Contract, whether or not any such in,jury or dama�e is
caused in shole or in part by the ne�li�ence of Owuer, its off5cers, servants or
r employecs.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shali not be made until
. Contractor either (a) submits to Owner satisfactory evidence that the claim has been
settled and/or a re[ease from the claimant involved, or (b) provides Owner with a
` letter from Contractor's liability insurance carrier that the claim has been refened to
the insurance carrier.
The Director may, if he deems it appropriate, refitse to accept bids on other City of
�.. Fort Worth public work from a Contractor against whom a claim for damages is
outstanding as result of work performed under City Contract.
�
�
�
D-29
�
�
1999
BUILDING & CONSTRUCTION T12ADES
STANDARD WAGE RA.TE
FOR TARRANT COUNTY
r
�
�
�
CLASSIFACTION
AIlZ CONDITIONII�G MECI�NTC
AIIt CONDITIONZNG MECHANIC HELPER
ACOUSTIC CEILING TNSTALLER
ACOUSTIC CEII,ING INSTALLER HELPER
BRICKLAYERISTONE MASON
BRICKLAYER/STONE MAS�N HELPER
CARPENTER
CARPENTER HELPER
CONCRETE FII�IISHER
CONCRETE FIl�IISHER HELPER
COI�ICRETE FORM BUILDER
CONCRETE FORM BUII.DER HELPER
DRYWALL TAPER
DRYWALL TAPER HELPER
ELECTRICIAN JOURNEYMAN
ELECTRICIAN HELPER
ELECTRONIC TECHNTCIAN
ELECTRONIC TECHNICIAN HELPER
FLOOR LAYER (CARPET)
FLOOR LAYER (RESILIENT)
FLOOR LAYER HELPER
GLAZIER
GLAZIER HELPER
INSULATOR
TNSULATOR HELPER
LABORER COMMON
LABORER SKILLED
LATHER
LATHER HELPER
METAL BUILDING ASSEMBLLR
METAL BUILDING ASSEMBLER HELPER
PAINTER
PAINTER HELPER
HOURLY �tATE
$15.96
8.81
13.82
9.79
15.25
9.86
13.00
9.34
12.00
9.44
11.59
_ 8.87
11.87
$.25
16.29
10.20
12.86
12.67
13.58
14.48
8.56
13.66
9.26
15.89
9.46
7.82
9.66
15_80
11.75
13.34
7.85
11.93
8.30
�
1
1999
BUILDING & CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
�
�
CLASSIFACTION
PIPEFITTER
PIPEFITTER HELPER
PLASTERER
PLASTERER HELPER
PLUMBER
PLUMBER HELPER
REINFORCING STEEL SETTER
REINFORCING STEEL HELPER
ROOFER
ROOFER HELPER
SHEET METAL WORKER
SHEET METAL WORKER HELPER
SHEETROCK HANGER
SHEETROCK HANGER HELPER
SPRINKLER SYSTEM INSTALLER
SPRINKLER SYSTEM INSTALLER HELPER
STEEL WORKER STRUCTUR.AL
STEEL WORKER STRUCTURAL HELPER
WELDER
WELDER HELPER
HEAVY EQUIPMENT OPERATORS
EQUIPMENT OPERATORS
CONCRETE PUMP OPERATORS
CRANE, CLAMSHELL, BACKHOE, DERRICK, D'L1NE
SHO �.
FORKLIFT OPERATOR
FOUNDATION DRILL OPERATOR
FRONT END LOADER OPERATOR
TRUCK DRIVER
HOURLY RATE
$14.35
10.93
15.29
8.63
1626
9.59
11.88
9.18
13.17
7.82
15.87
9.29
12.70
9.71
16.95
7.81
14.66
7.91
14.87
9.67
14.66
15.50
13.05
10.54
11.66
11.60
9.80
2
�
�
st:c_r�c�� �: si�i�c��.ic�;1'llOT.l�
(.lanuai� I, 197�{)
L All materials, cor�structron mcthc,ds and �rc�cedur�s used in this ��ri���ct �lz«11 cc�nfom� to
Sections El, C2, and E2t1 of thc l�orl VVurth Water Uc��artmc:nt C�cn�rai �'antract
Documents and General Specifications, to�ether with any additional materiai
�- sp�cification(s}, constructions(s} or later revision(s). (See re� isic�ns listed on this shcet j
Sections El, E2, and E2A of the l�ort Worth Waier Uepartm�nt General Contract
� Documents and General Specifications are hereby made a part of this contract documen?
by reference for all purposes, the same as if copies verbatim here�n, and such Sections are
filed and kept in the office ofthe Cit_y Secretary of the City of 1=ort Worth as an olticial
� record of the Cit} of Fort Worth.
�.
E1 M�1TERlAL SPEC{FICnTlONS
�
�
i�
�.
E2 CONSTRUC�I�ION SPL=:CIF'CATIO��S
E2A CiENE�RAL DESIGN DI�TAl1..S
Re��isians as af Ai.�ril 20, 1981, follo���:
�
�"' E1-2.4 I�ackfill: (Correct minimum compaction r�,quirement to 95��o f'roctor density and
f cor�ect P.I. values as follo���s:)
C. ACICI1ti0I11I h3Cl�fl�I TLC�UIC:,IT1CTliS 1'�-hen appro��ed for use in streets:
� l. Type `I3' [3acki�ill
�� (c) Ma�imum plastic index (PI) shall b� 8
r, 2. `fypc 'C' I3ackf'ill
i (a) Material meeting requi�ements and havin� a PI af 8 or
` Iess shall b� considered as suitable for compaction by
F jetting.
(b) Material meeting requirements and havin� a Fl of 9_or
mot-e shall be considered for use onl�� ���ith mechanical
► compaction.
�� E2-2.11 Trench C3ackfill: (Correct Minimum comp�iction rcyuirement wherever it
�- appears in this section to 95°'01'roctor density except for paragraph a.1. where
the "95°ro modiiied Proctor density" shall remain unchan�ed.)
�
'
i
�
N `' � �
�r �
REMOVABL£ KEY ,
W PENCH
1A•f6]Smm) RE
OiAMONO Pu
PUTE COVER �
1� � �� �� �
iY
Single Leaf, Channel Frame
Steel or Aluminum
.�
��-
1/t'(6JJnmj CNANNEL fRAME
(FORMED STEEL OA
f7(TRUDEO ALUMINUM)
1
u>._,�.=a ..
�_� � '�� �LONTiNU0U5
,43�, ANCHOF FUNGE
! / FOROEO
�Y BHAS511iNGE5
A ��f STNNLESS
�� STEEL PINS
O � Aift • .,�
� �pw� e
'� SIZE (WIOTH) `
1
F•11T�3Bmml�� DRn�IJ COUPL�tJG WELDEO
UNOER FfUME FOR PIPE
CONNECTION TO DRV WELL
OR OISPOSAL SYSTEM
� STANDARD SIZES AND WEIGHTS
fEN1'[i10W�CNMNEL p,,,�-� w�mn: Hn.
f%fT Mi0 +.V�w+ CN/.NNEI
riWEwiw�.r[� ,...�- Type Lenpth Material Ih(kp)
�' �� � �� � - � J-1 2'0' x 2'0' Steel 175 (80)
,o„�„o �- � �_�A� (6�0mm x 61omm� A�um. 60 (28)
I � /f �� �`—
� J-2 2•6• x 2'6' Steel 235 (107)
��""`•,.�"'c�rvecp'"'�° �_�� (762mm:762mm) Alum. 75(35)
„�, J-3 3'0' x 2'6' Steel 270 (123)
� (914mm x J62mm)
J-3AL Alum. 85 (39)
�,rr�4ru.rC �.owcn
""�� �� �'� 3'0' x 3'0' Steel 300 (136)
,� ��A� (91<mm c 91amm) I p�um. 100 (46)
.� �- -v�:.v.
�;�° ME°�*� r; � (Special sizes are available)
wa ��I
�[
•TU! d4EtdOM 1•Ia �1
W ILIWNIUMfMYE
.,T�..+�,..,�,�
wElDEO wDEn FiinuE FON
E C J�iECTON T� Dav
MlELL ON o�5aO.v.l 6YITFJ1
51ZE nNOTwJ
_ .�_�:-;.�' �, � D ��
Double Leaf,
Channel Frame
� Steel or Aluminum
� SPECIFICATIONS: Typ�JjJ0 Access door shall be Type� size � X 3 as manufac-
tured hy The Bilco Company. Door leai shall be t/4' (6.35mm) steel (or aluminum] dia-
�, mond pattem plate to withstand a live load of 300 Ib/f12 (1464 kq/M2) with a maxi-
mum defiedion of 1/150th of the span. Channel trame shall be 1/4'. ti �' :�
(6.35mm) steel (or aluminumJ with an anchor flange around the �=
� perimeter and have a minimum cross-section area of 7-1/2 in2 �� -�;
i (4839mmz) to allow tor adequate water drainage. Door shall be equipped
� with heavy torqed brass hinges having 3/8' (9.53mm) minimum diameter
stainless steel pins and pivot so that the cover does not prolrude into the chan-
nel frame. Compression spring operalors enclosed in telescopic tubes shall be
� provided for smooth, easy and controlled door operation throughout the entire arc of
` openinp and closinq. Operation shall not be aflected by temperature. The door shail
` a�tomaticaily lock in the vertical position by means ol a heavy steel hold•open arm with
release handle. A Type 316 stainless steei snap lock with a gasketed cover plug and
�vable turn handle shall be provided. A 1-1/2' (38mm) drainage couplinp shall be
,..ted in the front ripht corner ot the channel Irame. Hardware shall De zinc ptated and
chromate sealed' and all fasteners shall be Type 316 stainless steel. Factory linish shall
be prime coat of red oxi0e applied to steel doors and lrames. [for atuminum, substitute:
'Mill-tinish with bituminous coating applied to e�Rerior oi the irame'] Installation shall be
� in accordance wRh manufacturer's instructions. Manufacturer shall quarantee aqainst
� defects in material or workmanship ior a period ol live years.
' For hiphly corrosive conditions, when so s ecilied, Type J and JD are availa�te witA Type
316 stainless steel hardware throughout. �See Floor, Vault, and Sidewalk Ooor 0ptions].
•THIS DIMENSION 1'(25Amm�
ON ALUMINUM FRAME �
Types J and JD
Wldlh I
Type LenqlA Ma1eA�1
J•5 3'6'x 3'6' Steel
J-5AL ����mm x 1067mm) Alum.
J0-2 I 4'0' z 4'0' Steel
JD-2AL I(1219mm x 1219mm) p�um.
J0-3 4'0' x 6'0' Steel
JD•3AL I(t219mm z 1B29mm) I Alum.
��� 5'0' x 5'0' Steel
JD-4AL I (�524mmz1524mm) I Alurtt.
Type J and JD can be
remlorced for H-20 Wheel
Loading. See page 20.
w�. I16 (kq)
390 (177) �
146 (67)
455 (207) I
160 (73)
62Q (282)
225 (102)
645 (293) �
235 (1071 �
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ENLARGED VIEW
WITH SAFETY
POST UP ANO
LOCKED
� _
PATENT PENDING
Specifications:
Install on fixed ladde�(s) below hatch cover(s) Modei 1 Bilco LadderUP
safety post Oevice shall be manufactu�ed oi high strength steel with
te(escoping tubular section that locks automatically when fully extended.
Upward and downward movement shall be controlled by a stainless steel
spring balancing mechanism. Finish shall be black enamel. (Important: If
installation is to be in corrosive atmosphere, specity Model 2 hot dip �
galvanized with special alloy spring.) Unit shall be completely assembled
with fasteners for securing to the ladder rungs in accordance with the
manuiacturers instructions.
� CLAMP BRACKET MAY BE REVERSED ��"`'�-,
TO ACCOMMODATE RUNG SIZES Of 3/4�� � � w` �
!� TO I 3/4�� WITH STANDARD 2� 80LTS +� -
FURNISHE�. LARGER RUNGS WILL S i�' I
I I REQUIRE �ONGER BOLTS 1� " �"
I i 2 1/4. �a��! .
I � � 2 3/4' -
f ��
2 I/4•• �� I
° ' FROM TOP � I I
OF RUNG � LADDER � f
RUNG � �r�''�� �I ! L�
; I � ---•- � -,-! ff � {' _h�� I f 9
�._...� �--- � � ;- +
STAINLES5 STFFL ��,� I � I� I�'
I MOUNTING � � � �°i I � � ��
I �-- • '��L �I
;= BOLTS 3/6-16 z 2 '--, �� � � �
II
� ��
I �
� I 7/8 z .I19
SQ. TUBING
HIGH
STRENGTH
STEEL
0
V IEYV
�� �/z"x.��3
SQ. TU81NG
HIGH
STRENGTH
STEEL
ADJUSTABLt
MOUNTING
CHANNEL�
VINYL LIFT
HANOLE
�... �
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�
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FR0NT VIEW
I
ADJUSTABLE ' I � I
MOUNTING I � I
FIT5 I I
LADpERS 9 �
WITH RUNG � �
SPACING UP I I
TO A80UT � I
14 CENTER
TO CENTER � I � I
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SIDE VIEW
Manu(actured by...
_ Q �.�
•�•- •-
The Bilco Company, P.O. Box 1203, New Haven, CT 06505
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STANDARD 5� SQUARE MANHOLE
CITY of FORT WORTH, TEXAS -CONSTRUCTION STANDARD i
Dl1Awu+0 H0. 5-SD E ', � OAtE�. ,JAn. 1969
�tt���tt� ��f�. �i1f
8-�f4 REBARS TYP.
USE 3000� C�ASS
A CONCRETE.
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HEIGHT VARIES� � �/4' CHAMFER TYP
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P�NT. PYNT. ` �. � � � 4 GROUND
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� C.(SE ! C.tSE 2 :±� . i � 6' MIN.
• - RAM NECK ' ' 3" MINIMUM
CASE ! • '
FiEIGHT VARIES
COL L.4R SHAL L EXTENO TO
TO.A OF 2.' 27 CONCRETE
tREBAR REO.J SECTION A
CASE 2 ��
COLLAR SH.4LL EXTENO 3' BECOA'
BOT TON OF L O!+'EST GRADE RING
(REBAR REO. J
FIGURE 121� •
CONCRETE MANHOLE COLLAR
D E T A I L E 1-20, 21 MATERIAL
E2-20,21 CONSTRUCTION
5/18/90
3f05/93
NO�1'ICI�:
I h� fullo���in� blanl< spac�s in the Certificat� ot�
Insurance, I'erformance, Payment and Maintenance
[3onds; and Contract are not to be �illed in by the
Ridder at thc time of submitting his!her proposal.
Thc;se forn�s are included hcrein to familianze the
[3idder ���ith such forms w�hich the successful f3idder
Will be required to execute.
� ���. � ��. «'��,���
C'I:•_R"l'IT_I_('r�Tl? OF_ I_�I�l!R!�V.('_L'
TO ('I�l l` Of� f�Oitl� \\'OR'� I I, I�fi���S [)atc __ -- --
Vr�l1[i O! f'ROJEC"T _. S�,�itar}' �c��cr_�.1e;er Static�nti Ser�_in�� the_('it� c�t�Sa��ii;1�� _
PROJE('T VU1��1131=R -_. ---PS�16-U704GQ?�00;0___..
�i'HiS IS TO CEK"fIFY THAl'
(l�.inu and /�J�Irc;s .�f In:urul)
is, at the date of this certi�icate. Insured by this Company �aith respect to the business operations hereinafter
described, for the type of insurance and in accordance �vith the pro� isions of the standard policies used by this
Company, and fiirlher hereinafter described. Gxceptions to standard policy noted on reverse side hereof
Tl'PE OP WSURANCE
� Policy i�o Cfiective Expires Limits of Liability
� Worker s Compensation
Comprehensive General
Liabilit}� Insurance
(Public Liability)
� Blasting
Collapse of Buildinbs or
stn�ctures adjacent to
excavations
Dama�e to Underground
Utilities
I Builder's Risk
Comprehensive
Automobile
Liabiliry
Contractual Liability
� Other
Bodily Injury:
Ea.Occurrence: �
Prope.lv Damabe:
Ea Occurrence: S
Ea Occurrence: $ _ _ _ __ �
ra Occurrence �
Ea �ccuirence $____- _-_
Qodily lnjury:
La Person S
Fa Occurrence: $
Propei�ty Dama�e:
Ea Occurrence $
I3odily In,jury:
Ea Occ�irrence �
Prop�rty Dama�e:
Ea Occurrence �
Locations covered:
Description of operations covered
The above policies either in the body thereof or by appropriate endorsement provide that the}� may not be changed or
canceled by the insurer in less than five (S) days aRer the insured has received ���riticn notice of such chan�,e/or
cancellation.
Vti�here applicable local laws or re'ulations require more than five (S) days actual natice of chan�e or cancellation to
be assured, the above policies contain stich special requirements, either in the body thereof or hy� appropriate
endorsement thereto attached.
A�encv
Fort ��orth A�ent �^ _ _ _.._ . ------- _. ----- --- - --
nddress Title _ _ _ _ ___�______
�
�
C'c )N'I lZ,1Cf Of� �'C)1�1P[ 1,1NC'I- 1�'1"l l I
��'C)I�ZK3=J:'SCOf��11'1-�:NSn�i�l(>N i_�1\�,'
Pursuant to Article 830b-323 of Vernon's Annotated Civil Statutes, Contractor certities
that it provides ���orker's compensation insurance coverage for all of�it's employ�ees
empioyed on Cityo uf Fort Worth Project Number PS46-07046025U030
STATE OF TLXAS
COUNTY OF TARRANT
�
�
� -�•�c�#-.�, �,, �-t�ti�o`v`�"'�'o r � •
C'C�1�T�f�C��C R --- -
�i'' `�/� ������
`�� ��.�.��',�f�c,� �
Title --- .---------- ------ —
�,;�-i7-,���o
6EFORC ME, the undersi�ned authorit}�, on ihis day personally appeared
� '��,� i c� � t �� 1��e_r , knawn to me to be the person whose name is
subscribed to the foreboinb instrument, and ackno�vled�ed to me that he/she exccuted the
same as the act and deed of S�c k e.� �',,�.}� ��� ; 5�� (�� � for the purposes
�4 and consideration therein expressed and in the capacity t�ierein stated.
�
,
G1VEN UNDER MY I-IAND AND SEAL OF OFFIC� this ��� �� day of
��,.�_�� ����-t��- �--.�- :�oo
,�, --
� ��
� � �o���°��,� DENISE KINCAID �
�- ' 4O4 NOTARY PUBLIC �
' STATE OF TEXAS �
� Jf,�E���� My Comm. Exp. 10-20-2003 �
� '_ '. _ _ _ _ _ x
r� ` � �
� I -� C-- l=L,�
�� `?� �.'`.." `r` `
Notary I'ublic in and for the State of "l�exas
�
PERFORMANCE BOND
Bond No. KO-5953467
TFIE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS: That we (1) STOCKER ENTERPRISES. INC. a(2)
CORPORATION of TEXAS, hereinafter call Principal, and (3)INDEMNITY INSURANCE COMPANY OF
NORTB AMERICA a corporation organized and e�dsting under the laws of the State and fiilly 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 ihe State of Texas, hereinafter called Owner, in the
penal sum of:
ONE HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED PiIP1ETY-FNE AND NO/CENTS...
($181.695.00) Dollars in lawfiil 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, eaecutors, administrators
and successors, jointly and severally, firmly by these presents.
TI� CONDITION OF THIS of: OBLIGATION is such that Whereas, the Principal entered into a certain
contract with the City of Fort Worth, the Owner, dated the a copy of which is
hereto attached and made a part hereof, for the construction of:
SANITARY SEWER METER STATIONS SERVING THE CITY OF SAGINAW
Designated as Project No. (s) PS46-070460250030 copy of which contract is hereby attached, refened 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".
�
��
1
1
�
NOW TE�REFORE, if the Principal shall well, wly, 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 harrnless the Owner &om all costs and
damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and
eapense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to
remain in full forcc and effect.
PROVIDED FURTI�R, that if any legal action filed upon this bond, venue shall lie in Tarrant County,
State of Texas.
L
F1
1
�
�
AND PROVIDED FURTE�R, that thc said Surety, for value received, hereby stipulates and agrees that
no change, e�rtension of time, alteralian or addition to the terms of the contract or to the work to bc performed
thereunder or the specifications accompanying the same shall in any wise afl'ect its obligations on this bond, and it
does hereby waive notice of any such change, extension of time, alteration or addiUon to the tenns of the contract
or to the work or to the specificalions.
IN WITNESS WHEREOF, this instrument is executed in 5 counterparts each one of which shall be
deemed an original, this the I�� of �,`� �] L1 �— • , �G'�� .
��
ATTEST: ,,
, _ _ -�'�:=.� STOCKER ENTERPRISES, INC.
�.
(Principal) Sccrctary
(SEAL)
��� �� J����� � k�
�/VVikness �s to Fr�nci i ] ,
f '� � C �,�� � �'LEl-k�'.; '-�< M1� �� , �}; l,�.�.L�-- ; �-x f L � " �
A�dress
�1'f'Y'EST: �
�.-�' �' i� / �!/ �"
� y - - (S Secre '
(SEAL)
� �, �
�
l f����i��'-�'P :�` � ,�'�'
W,rt'n�'`ss as to Srurety
� ��
811 L�r. Suite 310_ F'or# 'VWorth Te�s 7G1C�2
(Address)
'
�
������ �
BZ"': '�r' �'" Y"
a
Titl�: �' _'\,i�,�.L�C�•� �:��
1051 KENNEDY LANE
FORT WORTH, TEXAS 76131
(Address)
Iodemnitv Insurance Com�anv of North America
� ��� �
4
BY: � '�,J� .. ! �-� � � J ' 1 , A �
� {A �rn�ey-" act)� "
Martin A. Prisant
8ll Lamar. Suite 310. Fort Worth Texas 76102
(Address)
NOTE: Date of Bond must not be
prior to date oP Contract
(1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
Individual, as case mav 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..
� F2
1
PAYIv�NT BOND
L�
� TI-� STATE OF TEXAS §
COUNTY OF TARRANT §
Bond No. KO-5953467
KNOW ALL Iv�N BY THESE PRESENTS: That we (1) STOCKER ENTERPRISES, INC. a
(2) CORPORATION of TEXAS, hereinafter call Principal, and (3) INDEMNITY INSURANCE COMPANY
OF NORTH AMERICA, a corporation organized and existing under the laws of the State and fully authorized to
transact business in ihe State of Texas, as Surery, are held and firnily bound unto the City of Fort Worth, a
municipal corporaUon organized and e�cisting under the laws of the State of Texas, hereinafter called Owner, and
unto all person, firms, and corporations who may furnish materials, for or perform labor upon the building or
improvements hereinafter referred to in the penal sum of :
ONE HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED NINETY-FIVE AND NO/100...
($181,695.00) Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for
the payment of which sum well and truly be madc, we hereby bind owselves, our heirs, cxecutors, adminisirators
and successors, jointly and severally, firmly to ihese presents.
�• T'I� CONDTTION OF THIS OBLIGATION is such that Whereas, ihe Principal entered into a certain
contract with the City of Fort Worth, the Owner, dated ihe day of A.D. , , a copy of
�" which is hereto attached and made a part thereof, for the construction of::
�
�.
SANITARY SEWER METER STATIONS SERVING THE CITY OF SAGINAW
Project No. (s)PS46-070460250030, a copy of which is hereto attached, refened to and made a part hereof
as fiilly and to the same extent as if copied at length herein, such project and construction being hereinafter
refened to as ihe "work".
�.
� NOW 'I'F�REFORE, the condition of this obligation is such that, if the Principal shall promptly make
� payment to all claimants as defined in Article 5160, Revised Civ'rl Statutes of Texas, supplying labor and materials
in the prosecution of ihe work provided for in said Contract, then ihis obligation shall be null and void, otherwise it
_ shall remain in full force and effcct.
�_
C
'
i�
F10
�
�,, TI� BOND IS MADE AND ENTERED into solely for ihe protcction of all claimanis supplying labor and
material in the prosecution of the work provided for in said Coniract, as claimants are defined in said Article 5160,
and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised
Civil Statutes.
PROVIDED FURTE�R, that if any legal action be filed upon this bond, venue shall lie in Tarrant
`` County, State of Te�as, that the said Surety, for value received, hereby stipulates and agrees that no change.
extension of time, alteration of addition to the terms of the contract or to thc work to be performed thereunder or
� the specification s accompanying the same shall in any wise affect its obligation on this bond, and it does hereby
waive notice of any such change, estension of time, alteration or addition to the terms of the contract or to the work
to ihe specifications.
L
L
PROVIDED FURTI�R, that no final setdement between ihe Owner and the Convactor shall abridge the
right of any beneficiary hereunder whose claim may be unsati�ed.
IN WITNESS WI-�EREOF, this instrument is executed in 5counterparts each one of which shall be
deemed an original, this the �'� day of '�I r�'� - A.D., 20 D D .
� ATiE,ST; �/��
. `,,
�
�
�
�
„ STOCK ENT$ �RISES, INC.
�- . . :.� BY: � ti�-'�`- �+, }►.I� (4)
_ '� 1
�
TiUe: I�� ; ,� �? :�: % ,��1'_.'L�.�
(Principal) Secreta►y
(SEAL)
,
r �F `, Y�x .. �1W� 1 � a �pC ����� ��' . (,' �
� Wi�tness as to Principal
�(;\5 i ��---� 1l. �� c� � �lrl �
« �
1U51 KENNEDY LANE
FORT WORTA, TEXAS 76131
(Address)
Indemoity Insurance Companv of North America
T� 4
�-, BY: i�l, 1 1 1 A s"1l�b �
��-� ��:�,-'�, �,�'r � � � I �_ � �r� 1,,�+' � (Attora 'n-fa�5} '
Martin A. Prisant
Address
� ST: r �
� ,� ��
�. -����� _ ,�
� �Surety) Secretary
�
,_ r
�.
'
�I
(SEAL)
G _ _ � � � ,��'�
►�i+'imess ta S�ty
, 81I I.arnar. Sui�e 31U. For� Wv�h. Texas 7filU2
(Address)
811 Lamar, Suite 310, Fort Worth, Texas 76102
(Address)
NOTE: Date of Bond must not be prior to date
of contract
(1) Correct Name of Contractor
(2) A Corporation, a Partnership or an
Individual, as case may be
(3) Correct name of Surety
(4) If contractor is Partnership all
Partners should execute Bond
(5) A true copy of Power of Attorney
shall be attached to Bond by
Attorney in Fact.
C
�
MAINTENANCE BOND
No. KO-5953467
TI-� STATE OF TEXAS §
COUNTY OF TARRANT §
� KNOW ALL N�N BY THESE PRESENTS: That (1) STOCKER ENTERPRISES, INC. as
Principal, acting herein by and ihrough (2) DAVID STOCKER its duly authorized PRESIDENT and (3)
INDEMNITY INSiJRANCE COMPANY OF NORTH AMERICA a corporation organized under the laws of
the State of Pennsylvania, as surety, do hereby acknowledge themselves to be held and bound to pay unto ihe City
� of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort
Worth, in Tarrant County, Texas the sum of
r ONE I3UNDRED EIGHTY-ONE TAOUSAND SIX 13UNDRED NINETY-FIVE NO/100...
(S]81.695.00) in lawful money of ihe United States, for ihe payment of which sum well and truly be made unto
—' said City of Fort Worth and its successors, said Coniractor and surety do hereby bind themselves, their heirs,
, executors, administrators, assigns and succcssors, joindy and severally.
This obligation is conditioned, however; that,
�.
WHEREAS, ihe Principal has entered into a certain contract with the City of Fori Worth dated
, 1999, the performance of ihe following described public work and the consiruction of
the following described public improvements:
SANITARY SEWER METER STATIONS SERVING THE CITY OF SAGINAW
of same being referred to herein and in said contract as the Work and being designated as Project No. (s) PS46-
0'70460250030and sa.id coniract, 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 conswct the work
�_ that it will remain in good repair and condition for and during the period One (1) Year after the date of the final
acceptance of the work by the City; and
WI-�REAS, said Contractor binds itself to maintain said work in good repair and condiUon for said term
of
Oue (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 ihe Director of the Water Department of the City of Fort Worth, it be
necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruci said
�vork as herein provided.
FS
�.
�
NOW TT�REFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or
reconsiruct said work in accordance with all ihe terms and conditions of said Contract, these presents shall be null and
void, and have no force or effect. Otherwise this 13ond shall be and remain in full force and effect, and said City shall have
and recover Gom the said Contractor and its surety damages in the premises prescribed by said Contract. This obligation
shall be continuing one and successive recovenes may be had hereon for successive breaches until ihe full amount hereof is
ext►austed.
WI-�,REAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, Texas; and,
IN WITNF,SS WFiF:R�:OF, this instrument is executed in 5 counterparis, each one of which shall be deemed an
onginal, dated � �� _� ( ��� — , �� ��� .
ATTEST:
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{FrinciPal) Secrct�.ry
(Seal) STOCKER ENTERPRISES, INC.
PRINCIPA�L�4)
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BY: l I�7n�C�
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Title: � �- �.�sZ.�!���' & L`�`
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`�Vitness as to Principal
�1 E�VINITY INSURANCE COMPANY OF NORTH AMERICA
I CS I �tivti� t�-� � � ��.�4�� � �;� �.���-�_tN� � -:� �� f :1� s��
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(Address) BY: �.A�� ` - .�:�rt ! �
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1051 KENNEDY LANE
FORT WORTB, TEXAS 76131
(Address)
A"ZTEST; ,v/ [Attnrn�in-f� (�)
` Martin A. Prisant
,�✓�'� 811 Lamar. suite 310, Fort Worth Texas 76102
/�f�����/ � . r-1 (Address)
- `r � ,1 u�Surety) �ecr�eta'r�v �� �`� NOT'E: Date of Bond must not be prior to
/�� datc of Contract
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" Witness as to Surcty
811 , Suite 310. Fort Worth Texas 76102
(1) Correc.K Name of Conlra��[or
(2) A Corporation, a partnership or an Individual,
as case may be
(3) Correct name of Surery
(4) If Coniractor is Partnership all Partners
should execule Bond
(5) A irue copy of Power of Attomey shall t�
attached to Bond by Attomey-in-Fact.
F6
r_ � Power of
. Attorney
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INDENINITY INSURANCE COMPANY OF NORTH AMERICA
Bon� No.: K0-5953467
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CIGNA
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Know all men by these presents: That INDEMIVITY INSURANCE COMPANY OF NORTH AMERICA , a corporation of the Commonwealth of �
Pennsylvania , having its principal office in the Cii}• 01 Philadelphis Pennsylvani: , pursuant to the following Resolution, adopted by ihe Boazd orDirectors of th�
said Company on Ueczmber 5, 19R3, to wit:
"RESOLVED, That pursuant to Paticles 3 I8 and SJ of the By-Laws, the kllrnvmg Rules shall govem fhe exzcttlien fnt the Cnmpany of Mnds, wdzrtakings, recognilances, contracts and nther wtitinqs in the na�ue
thetenf
(1) Tl�al the Presidenl any Senicrt Vice Presidrnt, any Vice President, arKl Assrstant Vice Res�denG ot any Attomey-in-Facf, may execute !er and nn txhalf o(the Ceimpany any and all bondv, imderfakings, reco�urences,
m
c�ntractc and other wrilings m the na��re Nereo(, the same te be attested when necrssary by the Coryotale SecteGtry, ot ��y Ass�Rant Corporate Secretary, and the saal of the Cempany afTuced thereto. and that fhe
President, any Seruor Vice President, any Vice previrlent or any Assistant Vice President mey appnmt anA avthonze any other U�licer (electeA nr appomted) of the Compeny, ant Attorrteys-In-Fact to so execute er
attest tn the execuhon u(all such wntin� on behalf ef Ihe Crnnpany and lo a(Fir Ihe seal olthe Comyany thereto
(2) My mch wn[ing executed m attordance with these Rules shall be as binding upen the Company m any ca� as thnuqh siRneA Ay the President anA attes[eA to by the Corpaate Secretary.
(3) The signahue oCthe F'resident, et a Senicx Vice Presi�nt, or a Vice PttsideM, or an AsvisGn[ Vice President and the seal oCthe Crnnpany may Az afl�ixed by f'acsimile on any power of attomey Rrantnd pivvi�vit ro this
Resc lution, and the sigruNre of a ceRifying OQcer and the seal of the Company may be aflixeA Ay Facsvnile te any certificafe ot any such pnwer, and any such power or cettificate Aeatinq such (acsimile si�rahve and
seal shall be vnfid and binding on the Company. ''.
(4) Such other Officers n( the Company, and Attnmeys�ImFact shall have authonty to certify or verity copies of this Resolutioq �he Hy-Laws nf the Company, and any attidavit or tacord nf the Cnmpazry neceszuy to ihe
d�schu�e of their didies.
(5) The passaRz of t}tis ResoLrtion dnes not revnke arry earlicr au�hority granleA by Resolutinru of lhe Beazd ef Duectcrcs adopted on lune 9; 1953, May 28, 1975, and �facch 23, 1977."
�r � does hereby nominate, �onsc����e and aPPo��t MARTIN A. PRISANT of the City of Miami. State of Florida , each individually if there be more than one
' I named, its true and lawful atiomey-in-fact, to make, executz, seal and deliver on its behalt; and as its act and deed xny and all bonds, undertakings,
,,,, recognizances, conVacts and other writings in lhe nature thereof in penalties not exceedinE Five Hundred Thousand Dolla�s ($500,000 and the execution o�
r_ such writings in pursuance of these presenis shall be as binding upon said Company, as fully and amply as if they had been duly executed and ackowlcdged
s by the regulady elected officers of the Company at its princip:tl ot�ice.
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IN VVITNESS WHEREOF, the said W illiam Jungrei� , Vice-President, has hereunto subscrihed his name and �xed the corporate seal of the said
INDEMNITY INSURANCE CON1PANl' OF NORTH ANIERICA this l4th day ol Jul} 1994 .
INllEMNITY INSURANCE COMPANY OF NORTH AMERICA.
William .iungreis , Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On "Ii�is 14th day of July , A.D. 1999 , beY'ore me, a Notary Public of the Commonwealth of Pennsylvania in and for ihe Counly of Philadelphia came ,
William Jungreis , Vice-President of the INDEMNITY INSL'ItANCE COMPANY OF NORTti AMERICA to me personally known to be the individual
and officer who executed thz preceding instrument, and he acknowleJged lhat he execuled the saune, and that the seal affixed to the preceding instrument is
the corporale seal of said Company; that the said eorporate seal and his signature were duly �xed by ihe authority and direction of the said corporation, anc�+
that Resulution, adopled by the Board of Directurs of said Company, rofzrred to in the preceding instrument, is now in foroe.
1N TESTIMONY WHEREOF, I have her2unto set my hand and af6xed my ofiicial seal al che City of Philadelphia the day and year firsl above writ[en �
NOTARIAL SEAL
DEBRA M. MARANO, Notary Public
Clry of Phlladelphla, Phlla. County
My Commission Expires Dec 20,1999
Notary Y�nr�
��
I, the undersigned Secretary of INDEMNITY INSURANCE COAIPANY OF NORTH AMERICA , do hereby certify that the originel POWER
OF ATTORNEY, of which the foregoing is a substantially true and correct copy, is in fult forca and eftect.
In witness whereof, I have hereunto subscribed my name as Secretauy, and �xed the corporate seal of the Corporation, this 1 � Jay of
Februar�T 2000 .
1+�'� f�Y.
Debra H. Paziora , Secr
THIS POW ER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPT[ON DATE AFTE: July 14, 2001 .
NOT VALID UNLESS PRINTED ON TEAL BACKGROUND
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BS-38449d
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PART G - CONTRACT
THE STATE OF TEXAS �
COUNTY OF TARRANT y�
TH1S CONTRACT, made and entered into �� �►�` � cz r's-r ��' ��'aC7`
f r
by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting
throu�h its City Manager thereunto duly authorized so to do, Party of tl�e First Part, hereinafter termed "OWNER",
and ��I"o�' �1�-+E-1'' � �'t%cr r rr s�S �-�- r c. .
of the City of �-- O r i W O r�+l—�.. , County of �a- r" ✓ c7 .� 7� and
State of �� Y Gt .� , Party of the Second Part, hereinafter termed
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter 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:
Sanitary Sewer Meter Stations
Serving the City of Saginaw
Sewer Project No. PS-070460?�0030
and all extra ���ork connected therewith, under the terms as stated in dle Contract Documents, and at his (their) own
proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
bonds, insurance, and other accessories and services necessary to complete the said construction, in accordance with
all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and
printed or written e�planatory 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 and the Engineers thereon,
together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached,
including the Fort Worth Water Department General Contract Documents and General Specifications, all of �vhich
are made a part hereof and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so
shall have been �iven to him, and to substantially complete same within tl�e time stated in the proposal.
G-1 �.;;!�U��a�U�i�s �r���l�U��J I
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The Owner agrees to pay the Contractor in cunent funds for the performance of
the contract in accordance with the Proposal submitted therefor, subject to additions and
deductions, as provided in the Contract Documents and all approved modifications
therefor, and to make payment on account thereof as provided therein.
IN WITNESS WHEREOF, the Parties to these presents have executed this
Contract in quadruplicate the year and the day first above written.
ATTEST:
� � ,�r � � i
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�`-,.yt'�' �-': , a 'J .� ��i.c�..�7�
Gloria Pearson�ty Secretary �-,�p r� �
(SEAL)
WITNESSES:
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City of Fort V�'or .
Party of the First
�� �
By: /� �
�ob .�rell, Ci7
as YC�w��er)
C, ' �'� � �`�
�c�ntraCt Au horization
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Da�e
CONTRACTOR:
Party of the Second Part
� �
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� Approved for the Fort Worth City Water Department:
,� � _ ,
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� Dale A. Fisse�r, �.E., Director
I� Approved as to Form and Legality:
� �
�7avid �~�$tt, City Aft rney
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�o ����C��i, �.