HomeMy WebLinkAboutContract 7214 J
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CITY OF FORT WORTH, TEXAS
WATER DEPARTMENT
SPECIAL CONTRACT DOCUMENTS
FOR
WATER AND S&1ER
IN
LA VALLE GRANDE
WATER PROJECT NO. 109-15000-4532
SEWER PROJECT NO. 106-13000-5772
RODGER N. LINE
CITY MANAGER
J. R. HENDRICK J. L. ROBINSON
ASST. DIRECTOR DIRECTOR OF
WATER DEPARTMENT WATER DEPARTMENT
BRO14N & DAVIES
ENGINEERS
FORT WORTH, TEXAS
ROBERT-JAMES CORPORATION COMMUNITY FACILITIES
DEVELOPER CONTRACT NO. 7057
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PART A -- NOTICE TO BIDDERS
4
Sealed proposals for the furnishing of all labor, materials, and equipment
necessary for the construction of Water and Sewer lines and services in
La Valle Grande, an Addition to the City of Fort Worth, Texas, including all
appurtenant construction, designated as Water Distribution System Project No.
109-15000-4532 and Sanitary Sewer System Project No. 106-13000-5772 will be
received at the office of the City Manager until:
11:00 A.M. ., THURSDAY, JULY 13, 1972
and then publicly opened and read aloud.
Special Contract Documents, including plans and supplemental detailed
specifications, have been prepared for this project and may be obtained
at the office of BROWN & DAVIES., ENGINEERS, 1412 West Magnolia, Fort Worth,
Texas 76104. A deposit of $10.00 is required for each set of Special
Contract Documents. General Contract Documents and General Specifications
for Water Department Projects with January 1, 1972 revisions,, also comprise a,
part of the Contract Documents for this project and may be obtained upon a
deposit of $50-00 for each set. Refund of deposit will be made as provided
in the Special Conditions.
The City reserves the right to reject any or all bids and waive any or all
irregularities. No bid may be with-drawn until the expiration of forty-
five (45) days from the date bids are opened.
RODGER N. LINE
CITY MANAGER
ROY A BATEMAN
CITY SECRITARY-TREASURER
PUBLICATION: June 29, 1972-
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PART A - (CONTINUED)
SPECIAL INSTRUCTION TO BIDDERS
| . E financial A current � hxanc � statement , an � b|
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experience record, and an acce t�a� equipment schedule must be filed w/ th the
Director of the Water Department or with the Director of the Public Works
Department at �—east one week �li��� �� the hour for opening bids. The financial
-- ---- --- ---- independent statement required shal | have been 8refa�ed� by an n epend en t cert if ied pub| /c
accountant or an independent pu6| ic accountant holding a va) id permit issued
by an appropriate state ! icensing agency, and it sha} | have been so prepared
not more than 16 months prior 10 the date for opening bid�s. Proposals sub-
mitted by a prospective bidder who has not fulfilled the above requirements
shall be returned unopened. Prospective bidders whose qualifications are not
deemed to be appropriate to the nature and/or magnitude of the project on
which bids are to be received w{ | | be so notified before the date of the bid
opening' and any proposals submitted by them shall be returned unopened.
For an experience record to be considered to be acceptable for a given project,
it must ref}cct the experience of the firm seeking qua| ification in work of both
the same lnature 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 5 years prior to the date on which bids are to be received. The Director
~ of the Water Department shall be the sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water Department project '
~ A simple statement on file by a prospective bidder to the effect that he either
has or will rent such equipment as may be required to complete any project on
which he submits a bid will suffice for the equipment schedule requirement .
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) per cent of the
largest possible total of the 6i6 submitted must accompany the bid, and is
subject to forfeit in the event the successful bidder fai | s to execute the
contract documents within ten (10) days after the contract has been awarded.
3' BONDS : A performance bond and a payment bond and maintenance bond each for
one hundred /100\ per cent of the contract price will be required.
4' WAGE RATES : Not less than the prevai | ing wage rates establ ished by the City
of Fort Worth, Texas, and as set fort}` in the Contract Documents must be paid
on this project .
5' : in case of ambiguity or lack of clearness in stating pr ices in the
Proposal , the City reserves the right to adopt the most advantageous construc-
tion thereof to the City or to reject the proposal .
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June |, 1969 A-�
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PART B - PROPOSAL
(This Proposal must not be removed from this book of Contract Documents. )
Fort Worth, Texas
July 13, 1972
TO: MR. RODGER N. LINE
CITY MANAGER
FORT WORTH, TEXAS
PROPOSAL FOR: The furnishing of all materials except as specified to be furnished
by the City, equipment and labor for the installation of water distribution
system and a sanitary sewer system, and necessary appurtenances and incidental
work to provide a complete and servicable project to serve:
LA VALLE GRANDE ADDITION
FORT WORTH WATER PROJECT NO. 109-15000-4532
FORT WORTH SEWER PROJECT NO. 106-13000-5772
Pursuant to the foregoing "Notice to Bidders",, the undersigned Bidder, having
thoroughly examined the Contract Documents, including Plans, Special Contract
Documents, the General Contract Documents and General Specifications., with
January 1, 1972, revisions, the site of the Project and understanding the
amount of work to be done, and the prevailing conditions, hereby proposes to do
all of the work as provided in the Plans and Contract Documents., and subject to
the inspection and approval of the Director of the Fort Worth Water 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, Pay-
ment Bond, Maintenance Bond, and other bonds, if any, as may be required by
the Contract Documents for the performing and completing of the said work
within the time stated and for the following sums:
WATER SYSTEM
ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL
NO. QUANTITY PRICES WRITTEN WORDS PRICE PRICE
(Furnish and install, including all appurtenant work, complete in place the
following items:)
1. 700 L.F. 1211 Ductile Iron Pipe, Cl. 3, E 2-6,
Wrapped in polyethylene, E2-3.10
and E2-35,
Nine Dollars and
Seven Cents per L.F. $ 9.Q7 $ 6,349.00
2. 2,760 L.F. 811 Ductile Iron Pipe, Cl. 3, E 2-6,
Wrapped in polyethylene, E2-3.10
and E2-35,
Six Dollars and
Mine Cents per L.F. $ 6.09 $-16.808.4
B-1
ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL
NO. QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE
3. 1,380 L.P. 611 Ductile Iron Pipe, C1. 3, E 2-6,
Wrapped in polyethylene, E 2-3.10
and E 2-35,
Four —Dollars and
Sixty -five_ Cents per L.F. $ 4.65 $ 64417-00
4. 3 Each Connections to Existing Main, E 2-29
and D-7,
Three hundred eighty five - Dollars and
no Cents per Each $ 385.00 $ 1,155.00
5. 1 Each 1211 Gate Valve and Box,, E 2-8.4 and
E 2-35,
Three hundred fort L fgjjK_Do11ars and
no Cents per Each $ 34L-oo 344.00
6. 2 Each 811 Gate Valve and Box, E 2-8.4 and
E 2-35,
One hundred eighty eight Dollars and
No Cents per Each $ 188.00 376.00
7. 1 Each 611 Gate Valve and Box, E 2-8.4 and
E 2-35,
One hundred thirty two Dollars and
no Cents per Each $ 132.00 $ 132.00
8. 1.9 Ton Cast Iron Fittings, E 2-3.11 and E 2-35,
Six hundred eighty -Dollars and
no Cents per Ton $ 680.00
$ 1,292.00
9• 5 Each Fire Hydrants, 31-61, bury, E 2-10.3
and E 2-35,
Two hundred eighty Dollars and
no Cents per Each $ 280.00 $ 1,400-00
10. 120 Each 3/4" Copper Water service, E 2-20.4,
3izly- seven Dollars and
no Cents per Each $ (':4 no $ g,c)/tn J;C)
B-2
ITEM APPROXIMATE DESCRIPTION OF ITETS BID UNIT TOTAL
NO. -QUANTITY PRIC.7S WRITTEN IN WORDS PRICE PRICE
11. 120 Each Class "All Standard Concrete meter box,
E 2-20.4,
Twenty six Dollars and
no —Cents per Each $ 26.00 $ 3,120,00
12. 1,000 C.Y. Type "B" bac,cfill, E2-2.18a and D-21,
Two Dollars and
no —Cents per C.Y. 2.04 $ 2,000.00
13. 50 L.F. Extra dopth in excess of 1 foot below
plan grade, E 2-2.15, e,
Dollars and
ten ---Cents per L.F. $ 0.00 $ 5-00
14. 2 C.Y. Class 11,7�1 k1500fl concrete for horizontal
blocking, E 2-14.22a,2,
Thirty Dollars and
no Cents per C.Y. $ iO—.00 $ 60.00
15. 3 C.Y. Class "B" (2500#) concrete for vertical
blocking and miscellaneous placement,
E 2-14,22,,al,4,,
Forty eight Dollars and
no Cents per C.Y. $ 48.00 $ 144.00
SUB TOTAL WATER $ 47,642.40
SANITARY SEWER
1. 45 L.F. 811 V.C. Sewer pipe, 101-121 trench,
E 2-7.11b,
Five Dollars and
three ----Cents per L.P. $ 5_0-�. $ 226,'15
2. 685 L.F. 81, V.C. Scw3r pipe, 81-10, trench,
E 2-7.llb,
Four Dollars and
Twenty three Cents per L.F. $ 4.Q_ $_... 2-194 55
B-3
ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL
NO, - QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE
3. 430 L.F. 811 V.C. Sewer pipe, 61-81 trench,
E 2-7.11b.1
Three Dollars and
ninety two Cents per L.F. 22 $ 1,685.60
4. 566 L.F. 61, V.C. Sewer pipe, 61-8t trench,
E 2-7.11b,
Three Dollars and
forty six Cents per L.F. $ 3.4 $ 1.95 BJ6
5. 3,201 L.F. 61, V.C. Sewer pipe, 01-61 trench,
E 2-7.11b,
Three Dollarr, and
no Cents per L.F. $ __3.00 $ 9,603.00
6. 120 Each 4" V.C. Sanitary sewer service, complete
in place with tee and test tee,
E 2-7.11(a),
Sixty six -Dollars and
no Cents per Each $ 66.00 $ 7.920.00
7. 11 Each Standard or precast 41 diameter manhole
to 61 depth, E 2-12.8,b,1,
Two hundred ninety five _Dollars and
no —Cents per Each $ 295.00 $—.I-Zhx.00
8-. 9.3 L.F. Extra depth over 61 of standard 41
manhole, E 2-12318.9b.95.,
Thirty seven -Dollars and
no _Cents per L.F. $ $ 3 .1Q._
9. 1,000 C.Y. Type "B" backfill, E 2-2.18,a and D •21,
Two Pollars and
no Cents per C.Y. $ 2.00 $ 2.000.00
10. 25 C.Y. Ballast Stone, E 2-2.183-C.9
Six Dollars and
no Cents per C.Y. --.6.QO $ 150.00—
13-4
ITEM APPROXIMATE DESCRIPTION OF ITEMS BID UNIT TOTAL
NO. QUANTITY PRICES WRITTEN IN WORDS PRICE PRICE
11. 2 C.Y. Class "B" (25000 concrete for
miscellaneous placement., E 2-14.22a,4,
Forty eight Dollars and
no Cents per C.Y. $ g.00 $ 96.00
SUB TOTAL SANITARY SEWER $ 30,12,x.96
TOTAL WATER AND SANITARY SEWER $ 77,768.26
Within ten (10) days after acceptance of this Proposal the undersigned will
execute the formal contract and will deliver an approved Surety Bond and such
other bonds as required by the Contract Documents, for the faithful performance
of the Contract. The attached bid security in the amount of -
is to become the property of the City of Fort Worth, Texas, in the event the
Contract and bond or bonds are not executed and delivered within the time
above set forth., as liquidated damages for the delay and additional work caused
thereby.
The undersigned bidder certifies that he has been furnished at least one set
of the General Contract Documents and General Specifications for Water Depart-
ment Projects with January 1, 1972 revisions; and that he has read and thoroughly
understands all the requirements and conditions of those General Documents, and
these specific Contract Documents and appurtenant plans.
The Bidder agrees to begin construction within - -10 calendar days after
award of the contract., and to complete the contract within 55 working
days after beginning construction as set forth in the written work order to
be furnished by the Owner.
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 2
Addendum No . 3
Respectfully submitted:
I'GIADE... I
BY
P.O.Box 11270 Fort Worth, Tex. 76)09
ADDRESS
(S E A L) If Bidder is Corporation
B-5
PART C - GENERAL CONDITIONS
TABLE OF CONTgNTS
C 1 -1 DEFINITIONS
C 1-1 . 1 Definition of Terms C 1-1
C 1 -1 .2 Contract Documents C 1 -1
C 1 -1 .3 Notice to Bidders C 1 -1 (1 )
C 1-1 .4 Proposal C 1-1 (1 )
C 1 -1 .5 Bidder C 1 -1 (C)
C 1-1 .6 General Conditions C 1 -1 (2)
C 1-1 -7 Special Conditions C 1-1 (2)
C 1 -1 .8 Specifications C 1 -1 (2)
C 1-1 .9 Bond C 1 -1 (2)
C 1 -1 - 10 Contract C 1 -1 (2)
C 1 -1 . 11 Plans C 1 -1 (2)
C 1 -1 . 12 City - Owner C 1 -1 (2)
C 1 -1 . 13 City Council C 1 -1 (3)
C 1 -1 . 14 Mayor C 1 -1 (3)
C 1-1 - 15 City Manager C 1-1 (3)
C 1 -1 - 16 City Attorney C 1 -1 (3)
C 1-1 - 17 Director of Public Works C 1 -1 (3)
C 1 -1 . 18 Director, City Water Department C 1 -1 (3)
C 1 -1 . 19 Engineer C 1 -1 (3)
C 1-1 .20 Contractor C 1-1 (3)
C 1 -1 .21 Sureties C 1 -1 (3)
C 1 -11 .22 The Work or Project C 1 -1 (3)
C 1-1 .23 Working Day C 1 -1 (3)
C 1-1 .24 Calendar Day C 1 -1 (3)
C 1-1 .25 Legal Holiday C 1 -1 (3)
C 1-1 .26 Abbreviations C 1-1 (4)
C 1 -) .27 Change Order c 1 -1 (4)
C 1-1 .28 Paved Streets and Alleys c 1 -1 (4)
C 1 -1 .29 Unpaved Streets and Alleys c 1-1 (4)
C 1-1 -30 City Streets C 1-1 (5)
C 1-1 -31 Roadway C 1 -1 (5)
C 1 -1 -32 Gravel Street C 1-1 (5)
C 2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C 2-2. 1 Proposal Form C 2-2 (1 )
C 2-2.2 Interpretation of Quantities C 2-2 (1)
C 2-2.3 Examination of Contract Documents
and site C 2-2 (1)
C 2-2.4 Submitting of Proposal C 2-2 (2)
C 2-2.5 Rejection of Proposals C 2-2 (2)
C 2-2.6 Bid Security C 2-2 (2)
C 2-2.7 Delivery of Proposal C 2-2 (2)
C 2-2.8 Withdrawing Proposals C 2-2 (2)
C 2-2.9 Telegraphic Modification of
Proposals C 2-2 (3)
C 2-2. 10 Public Opening of Proposal c 2-2 (3)
C 2-2. 11 Irregular Proposals C 2-2 (3)
C 2-2. 12 Disqualification of Bidders C 2-2 (3)
6-1-71
C 3-3 AWARD AND EXECUTION OF DOCUMENTS
C 3-3. 1 Consideration of Proposals C 3-3 (1)
C 3-3.2 Withorawal of Proposals C 3-3 (1)
C 3-3.3 Award of Contract C 3-3 (1)
C 3-3.4 Return of Proposal Securities C 3-3 (1)
C 3-3.5 Bonds C 3-3 (1)
C 3-3.6 Execution of Contract C 3-3 (2)
C 3-3.7 Failt)re to Execute Contract C 3-3 (3)
C 3-3.8 Beginning Work C 3-3 (3)
C 3-3.9 Insurance C 3-3 (3)
C 3-3- 10 Weekly Payroll C 3-3 (5)
C 4-4 SCOPE OF WORK
C 4-4. 1 Intent of Contract Documents C 4-4 (1)
C 4-4.2 Special Provisions c 4-4 (1 )
C 4-4.3 Increased or Decreased Quantities C 4-4 (1)
C 4-4.4 Alteration of Contract Documents C 4-4 (1 )
C 4-4.5 Extra Work C 4-4 (2)
C 4-4.6 Schedule of Operations C 4-4 (3)
C 5- 1 CONTROL OF WORK AND MATERIALS
C 5-5. 1 Authority of Engineer C 5-5 (1)
C 5-5.2 Conformity with Plans C 5-5 (1 )
C 5-5.3 Coordination of Contract Documents C 5-5 (1)
C 5-5.4 Cooperation of Contractor C 5-5 (1 )
C 5-5.5 Emergency and/or Rectification Work C 5-5 (2)
C 5-5.6 Field Office C 5-5 (2)
C 5-5-7 Construction Stakes C 5-5 (2)
C 5-5.8 Authority and Duties of Inspectors C 5-5 (3)
C 5-5.9 Inspection C 5-5 (3)
C 5-5- 10 Removal of Defective and Unauthorized
Work C 5-5 (3)
C 5-5- 11 Source of Supply and Quality of
Materials C 5-5 (4)
C 5-5- 12 Samples and Tests of Materials C 5-5 (4)
C 5-5- 13 Storage of Mater ia.Is C 5-5 (4)
C 5-5. 14 Existing Structures C 5-5 (5)
C 5-5. 15 interruption of Service C 5-5 (5)
C 5-5- 16 Mutual Responsibility of Contractors C 5-5 (5)
C 5-5- 17 Clean-Up C 5-5 (6)
C 5-5. 18 Final Inspection C 5-5 (6)
C 6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C 6-6. 1 Laws to be Observed C 6-6 (1)
C 6-6.2 Permits and Licenses C 6-6 (1 )
C 6-6.3 Patented Devices, Materials and
Processes C 6-6 (1)
C 6-6.4 Sanitary Provisions C 6-6 (1)
C 6-6.5 Public Safety and Convenience c 6-6 (2)
C 6-6.6 Privileges of Contractor in Streets,
Alleys, & R.O.W. C 6-6 (3)
C 6-6-7 Railway Crossings C 6-6 (3)
C 6-6.8 Barricades, Warnings and Watchmen C 6-6 (3)
6-1 -71 (2)
C 6-6.9 Use of Explosives, Drop Weight) etc. C 6-6 (4)
C 6-6.10 Work within Easements c 6-6 (4)
C 6-6. 11 Contractor 's Responsibility for
Damage Claims C 6-6 (5)
C 6-6- 12 Contractor's Claim for Damages C 6-6 (6)
C 6-6- 13 Adjustment of Relocation of Public
Utilities) etc. C 6-6 (6)
C 6-6.14 Temporary Sewer Drain Connections c 6-6 (6)
C 6-6. 15 Arrangement and Charges for Water
Furnished by City C 6-6 (7)
C 6-6. 16 Use of a Section or Portion of the
Work C 6-6 (7)
C 6-6. 17 Contractor's Responsibility for the
Work C 6-6 (7)
C 6-6. 18 No Waiver of Legal Rights c 6-6 (7)
C 6-6. 19 Personal Liability of Public OfficialsC 6-6 (7)
C 6-6.20 State Sales Tax c 6-6 (8)
C 7-7 PROSECUTION AND PROGRESS
C 7-7. 1 Subletting C 7-7 (1)
C 7-7.2 Assignment of Contract C 7-7 (1)
C 7-1-3 Prosecution of the Work C 7-7 (1 )
C 7-7.4 Limitations of Operations C 7-7 (2)
C 7-7.5 Character of Workman and Equipment C 7-7 (2)
C 7-7.6 Work Schedule C 7-7 Zi
C 7-7.7 Time of Commencement and Completion C 7-7 (3)
C 7-7.8 Extension of Time of Completion C 7-7 (3)
C 7-7.9 Failure to Complete on Time C 7-7 (4)
C 7-7- 10 Suspension by Court Order C 7-7 (4)
C 7-7- 11 Temporary Suspension C 7-7 (4)
C 7-7-12 Termination of Contract Due to
National Emergency C 7-7 (5)
C 7-7- 13 Suspension or Abandonment of the work
and Annulment of Contract C 7-7 (5)
C 7-7- 14 Termination of Contract C 7-7 (7)
C 7-7. 15 Safety Methods and Practices C 7-7 (7)
C 8-8 MFASUREMENT AND PAYMENT
C 8-8. 1 Measurement of Quantities C 8-8 (1)
C 8-8.2 Unit Prices C 8-8 (1)
C 8-8.3 Scope of Payment C 8-8 (1)
C 8-8.4 Partial Estimates and Retainage C 8-8 (2)
C 8-8.5 Withholding Payment C 8-8 (2),
C 8-8.6 Final Acceptance C 8-8 (2)
C 8-8.7 Final Payment C 8-8 (2)
C 8-8.8 Adequacy of Design C 8-8 (3)
C 84-9 General Quaranty c 8-8 (3)
6-1-71 (3)
CITY OF FORT WORTH WATER DEPARTMENT
~ PART C ~ GENERAL CONDITIONS
SECTION C 1 -1 DEFINITION'S
C 1 -1 . 1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the
following terms or pronoun;—in place of them are used, the intent and
meaning shall be understood and interpreted as follows:
Q )-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 DOCU4NT6: The General Contract Documents
govern all Water Department Projects and include the following
items:
PART A - NOTICE TO BIDDERS (Sample)
PART 0 - PROPOSAL (Sample)
PART C - GENERAL CONDITIONS
PART. D - SPECIAL CONDITIONS
PART E ~ SPECIFICATIONS
PART E ~ (APPEND/X)
PART F ~ BONDS (Sample)
PART G - CONTRACT (Sample)
' b^ SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents
are prepared for each specific project as a supplement to the
General Contract Documents and include the following items:
°
PART A - NOTICE TO BIDDERS (Advertisement)
PART B - PROPOSAL (8/d)
PART C - GENERAL CONDITIONS
PART D - SPEC /AL CONDITIONS
PART E - SPECIFICATIONS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
C 1 -1 .3 NOTI�F TO BIDDERS: All of the legal publications either actually
published in public advertising mediums or furnished direct to interested
part /es pertaining to the work contemplated under the Contract Documents
constitutes the notice to bidders.
C 1-1 .4 PROPOSAL I: The completed written and signed offer or tender of a
bidder to perform the work which the Owner desires to have done, together
with the bid security, constitutes the Proposal, which becomes binding upon
the Bidder when it is officially received by the Owner, has been publicly
opened and read and not rejected by the Owner.
C 1-1 .5 BIDDER: Any person, persons, firm, partnersh{p^ 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.
C 1-1 .6 GENERAL CONDITIONS: 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
Contitions, the latter shall take precedence and shall govern.
C 1-1 .7 SPgCIAL CONDITION 5: Special conditions are the specific requirements
which are necessary for the particular project covered by the Contract DocumentS,
and not specifically covered in the General Conditions. When considered with
the General Conditions and other elements of the Contract Documents they pro-
vide the information which the Contractor and Owner should have in order to
gain a thorough knowledge of the project.
C 1-1 .8 SPECIFICATIONS: The Specifications is that section or part of the
Contract Documents which sets forth in detail the requirements which must be
met by all materials, construction, workmanship, equipment and services in order
to render a completed and useful project. Whenever reference is made to stand-
ard specifications, regulations, requirements, statutes, etc.,, such referred
to documents shall become a part of the Contract Documents just as though they
were embodied therein.
C 1-1 .9 BOND: The bond or bo,ids are the written guarantee or security furnished
by the Contractor for the prompt and faithful performance of the contract and
include the following:
a. Performance Bond (see paragraph C 3-3.5)
b. Payment Bond (see paragraph C 3-3.5)
c. Maintenance Bond (see paragraph C 3-3.5)
d. Proposal or Bid Security (see Special instructions to Bidders,
Part A and C 2-2.6)
C 1-1 - 10 CONTRACT: The Contract is the formal signed agreement between the
Owner and the Contractor covering the mutual understanding of the two con-
tracting parties about the project to be completed under the Contract Docu-
ments.
C 1-1 - 11 PLANS: The plans are the drawings or reproductions therefrom made
by the Owner's representative showing in detail the location, dimension and
position of the various elements of the project, including such profiles,
typical cross-sections, layout diagrams, working drawings, preliminary draw-
ings and such supplemental drawings as the owner may issue to clarify other
drawings or for the purpose of showing changes in the work hereinafter author-
ized by the Owner. The plans are usually bound separately from other parts of
the Contract Documents) but they are a part of the Contract Documents just as
though they were bound therein.
C 1-1 . 12 CITY - OWNER: 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 Manager,, 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.
6-1-71 C 1-1 (2)
C: 1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body of the
City of Fort Worth, Texas.
C 1-1 . 14 MAYOR: The officially elected Mayor, or in his absence, the Mayor
Pro-Tam of the City of Fart Worth, Texas.
C 1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager
of the City of Fort Worth, Texas, or his duly authorized representative.
C 1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney of the City of
F(.)rt Worth, Texas, or his duly authorized representative.
C_1-1 . 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 author-
ized representative.
C i-1 .18DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City
Water Department of the City of Fort Worth, Texas, or his duly authorized re-
Presentative, assistant, or agents.
C 1-1 .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.
C 1-1 .20 CONTRACTOR: The person, persons, partnership, company, firm, associ-
ation, 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.
C 1-1 .21 SURETIES: The Corporate bodies which are bound by such bonds as 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.
C 1-1 .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.
C 1-1 .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 C 7-7.6.
C 1-1 .24 CALENDAR DAYS: A calendar day is any day of the week or month, no days
being excepted.
6-1 -71 C 1-1 (3).
C 1 -1 .25 LEGAL HOLIDAY: Legal holidays are (1) New Year ' s, (2) Memorial Day,
T37 Fourth of July,(4) Labor Day, (5) Veteran's Day, (6) Thanksgiving Day,
and (7) Christmas Day. Holidays failing on Saturday are observed on Friday,
while those falling on Sunday are observed on Monday.
C 1-1 .26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in
Contract Documents., the intent and meaning shall be as follows:
AASHO - American Association of State High Officials Min. - Minimum
ASCE - American Society of Civil Engineers Mono. - Monolithic
ASTM - American Society of Testing Materials % - Percentum
AWWA - American Water Works Association R - Radius
ASA - American Standards Association I .D. - Inside
HI - Hydraulic Institute Diameter
Asph. - Asphalt O.D. - Outside
Ave. - Avenue Diameter
Blvd. - Boulevard Elev. - Elevation
Cl - Cast Iron F - Fahrenheit
CL - Center Line C - Centigrade
GI - Galvanized Iron In. - Inch
Lin. - Linear or Lineal Ft. - Foot
Lb. - Pound St. - Street
MH - Manhole CY - Cubic Yard
Max. - Maximum Yd. - Yard
MGD - Million Gallons per Day SY - Square Yard
CFS - Cubic Foot per Second L.F. - Linear Foot
C 1-1 .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 which may be found necessary and which was not specifically included
in the scope of the project on which bids were submitted. Increase in unit
quantities stated in the proposal are not the subject matter of a Change Order
unless the increase or decrease is more than 25% of the amount of the particular
item or items in the original proposal .
All "Change Orders" shall be prepared by the City from information as necessary
furnished by the Contractor.
C 1-1 .28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as
a street or alley having had one of the following types of wearing surfaces
applied over the natural unimproved surface:
1 . Any type of asphaltic concrete with or without separate base material .
2. Any type of asphalt surface treatment, not Including an oiled surface,
with or without separate base material .
3. Brick, with or without separate base material .
4. Concrete., with or without separate base material .
5. Any combination of the above.
C 1-1 .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."
6-1-71 C 1-1 (4)
~ A city street is defined as that area between the right-
of-way lines as the street is dedicated.
C. 1-1 -31 ROADWAY: The roadway is defined as the area between parallel lines two
/f/ l feet back of the curb lines or four (+/) feet back of the average edge of
pavement where no curb exists.
STREET:.L, I -IJ2 GRAVEL 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.
~
-
6-1-71 C )-1 (5)
CITY OF FORT WORTH WATER DEPARTMENT
PART C - GENERAL CONDITIONS
SECTION C 2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C 2-2. 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
riaterials 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
furrWish forms for the Bidder' s "Experience Record.." "Equipment Schedule, "
and "Financial Statement," all of which must be properly executed and filed
with the Director of the City Water Department one week prior to the hour for
opening of bids.
C 2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials
t,o be furnished as may be listed in the proposal forms or other parts of the
Contract Documents will be considered as ageroximate only and will be used for
the purpose of comparing bids on a uniform basis. Payment will be made to the
Contractor for only the actual quantities of work performed or materials furn-
ished in strict accordance with the Contract Documents and Plans. The quantities
of work to be performed and material's to be furnished may be increased or de-
creased as hereinafter provided, without in any way invalidating the unit prices
bid or any other requirements of the Contract Documents.
C 2-2.1 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 date
which the Owner wi I I supply after promulgation of the formal Contract Documents
shall be issued in the form of a written addenda and shall become a 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 famil -
iar with the Contract Documents, to visit the site of the project and examine
carefully all local conditions, to inform themselves by their own independent
research and Investigations, tests, boring, and by such other means as may be
necessary to gain a complete knowledge of the conditions which will be en-
countered during the construction of the project. They must judge for them-
selves 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 varia-
tions between conditions actually encountered in construction and as indicated
in the Contract Documents will not be allowed.
The logs of Test Holes., if any, showing on the plans are believed to be correct;
however, the Owner does not guarantee that the date shown is representative of
conditions which actually exist.
6-1-71 C 2-2 (1 )
C 2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the
form furnished by the Owner. All blank spaces applicable to the project
contained in the form shall be correctly filled in and the Bidder shall state
the prices, written in ink' in both words and numerals, for which he proposes
to do the work contemplated or furnish the materials required. Ali 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
Owner shall govern.
If a proposal is submitted by an individual, his or her name must be signed
by him (her) or his (her) duly authorized agent. If a proposal is submitted
by a firm, association, or partnership, the name and address of each member
must be given, and the proposal must be signed by a member of the firm, asso-
ciation, or partnership, or by a person duly authorized. If a proposal is
submitted by a company or corporation, the company 'or corporate name and
business address must be given, and the proposal signed by an official or
duly authorized agent. The corporate sea] 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 where pertinent.
C 2-2.,5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any
alteration of words or figures, additions not called for, conditional or
uncalled for alternate bids, incomplete bids, erasures, or irregularities
of any kind, or contain 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.
C 2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied
by ; "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.
C_2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is
delivered, accompanied by its property Did 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 pro-
posal was dispatched will not be considered. The Bidder 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 design-
ated in the "Notice to Bidders." The envelope shall be addressed to the City
Manager, City Hall, Fort Worth, Texas.
C 2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager.,
cannot be withdrawn prior to the time set for opening proposals. A request
for non-consideration of a proposal must be made In writing, addressed to the
City Manager, and filed with him prior to the time set for the opening of pro-
posals. 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.
6-1-71 C 2-2 (2)
C 2-2.2 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 con-
firmation 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 .
C 2-2. 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." All proposals which
have been opened and read will remain on file in the Water Department until the
contract has been awarded. Bidders or their authorized representatives are
Invited to be present for the opening of bids.
C 2-2. 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 Owner reserve's the right to waive any and a I I irregularities and to make the
award of the contract to the best interest of the City of Fort Worth. Tendering
a proposal after the closing hour is an irregularity which cannot be waived.
C 2-2. 12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their
proposals not considered for any of, but not I imited to, the following reasons:
a. Reason 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.
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, and such Inquiries as the Owner may see
fit to make.
g. Uncompleted work which, in the judgment of the Owner, will prevent or
hinder the prompt completion of additional work if awarded.
h. The Bidder not filing with the Owner, one week In advance of the hour
of the opening of proposals the following:
1 . Financial Statement showing the financial condition of the
bidder as specified In Part "All Special Instructions.
6-1-71 C 2-2 (3)
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, disqualifies
under the requirements stated herein, shall be set aside and not opened.
6-1-71 C 2-2 (4)
CITY OF FORT WORTH WATER DEPARTMENT
PART C - GENERAL CONDITIONS
SECTION C 3-3 AWARD AND EXECUTION OF DOCUMENTS
C _3-3. 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 to waive technicalities, to
re-advertise for new proposals, or to proceed with the work in any manner
as may be considered for the best interest of the Owner.
,C 3-3.2 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner
it cannot be withdrawn by the Bidder within forty-five days after the date on
which the proposals were opened.
C 3-3.3 AWARD OF CONTRACT- The Owner reserves the right to withhold final
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.
C 3-3.4 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have
been determined for comparison of bids, the Owner may, at its discretion, return
the proposal security which accompanied the proposals which, in its judgment,
would not be considered for the award. All other proposal securities, usually
those of the three lowest bidders, will be retained by the Owner until the re-
quired 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.
C, 3-3.5 BONDS: With the execution and delivery of the Contract Documents,
the Contractor shall furnish to and file with the Owner in the amounts here-
in required the following bonds:
a. PERFORMANCE BOND: A good and sufficient performance bond in an
amount equal to not less than IOO per cent of the amount of the
contract, as evidenced by the proposal tabulation or otherwise,
quaranteeing the full and faithful execution of the work and
6-1-71 C 3-3 (1 )
performance of the contract, and for the protection of the Owner and
all other persons against damage by reason of negligence of the
Contractor, or improper execution of the work or the use of inferior
materials. This performance bond shall guarantee the payment for all
labor, materials, equipment , supplies, and services used in the con-
struction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND: A good and sufficient maintenance bond in the amount
of not less-T—han 100 per cent of the amount of the contract, as evi-
densed by the proposal tabulation or otherwise, guaranteeing the prompt,
full and faithful performance of the general guaranty which is set
forth in paragraph C 8-8.9.
c. PAYMENT BOND: A good and sufficient payment bond in an amount equal to
not less than 100 per cent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise, guaranteeing the prompt, full ,
and faithful payment of all claimants as defined in Article 5160,
Revised Civil Statutes of Texas, 1925, as amended by House Bill 344
Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959,
and/or the latest version thereof, supplying labor and materials in the
prosecution of the work provided for in the contract being constructed
under these specifications. Payment Bond shall remain in force until
all payments as above stipulated are made.
d. OTHER BONDS: Such other bonds as may be required by these Contract
Documents shall be furnished by the Contractor.
No sureties will be accepted by the Owner which are at the time in default or
delinquent on any bonds or which are interested in any litigation against the
Owner. All bonds shall be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the City of Fort Worth,
Texas, and which is acceptable to the Owner. In order to be acceptable to the
Owner, the name of the surety shall be included on the current U. S. Treasury
list of acceptable sureties, and the amount of the bond written by any one accept-
able 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 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 opera-
tive nor will any payments be due or paid until approval of the bonds by the
Owner.
C 2-�.6 EXECUTION OF CONTRACT : Within ten (10) days after the Owner has by ap-
propriate 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.
6-1-71 C 3-3 (2)
No contract shall be binding upon the Owner until it has been attested by the
City Secretary, approved as to for°m by the City Attorney, and executed for the
Owner by either the Mayor or City Manager.
C 3-3.7 FAILURE TO EXECUT1 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 abandon-
ment of his proposal , and the Owner may annul the Award. By reason of the un-
certainty of the market prices of material and labor, and it being impracticable
and difficult to accurately determine the amount of damages accruing 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.
C 3-3.8 BEGINNING WORK: The Contractor shall not commence work until authorized,
in writing, to do so by the Owner. Should the Contractor fail to commence work
at the site of the project within the time stipulated in the written authoriza-
tion 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 .
C 3-3.9 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 insurance furnished by
the prime contractor shall be responsible for delivering to the Owner the sub-
contractors' 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.
a. COMPENSATION INSURANCE : The Contractor shall maintain, during the life
of this contract, Workmen's 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 Workmen' s Compensation Statute, the Contractor shall provide
adequate employer' s general liability insurance for the protection of
such of his employees not so protected.
b. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE: The Contractor shall
procure and shall maintain, during the life of this contract, Contractor' s
Public Liability Insurance in an amount not less than $100,000 for in-
juries, including accidental death, to any one person, and subject to
the same limit for each person, in an amount not less than $300,000
on account of one accident, and Contractor' s Property Damage Insurance
in an amount not less than $50,000 on account of one accident and
$100,000 aggregate.
6-1-71 C 3-3 (3)
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:
I . Contingent Liability
2. Blasting, prior to any blasting being done
3. Collapse of buildings or structures adjacent to excavation (if
excavations are to be perforined ad,jacent to same)
4. Damage to underground utilities
5. Builders risk (where above-ground structures are involved)
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor
shall procure and rnaintaln, during the life of this Contract, Automobile
Insurance in an amount not less than $1100.,000 for injuries including
accidental death to any one person and subject to the same limit for
each person an amount not less than $300,000 on account of one accident,
and automobile property damage insurance in an amount not less than
$50000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The Insurance required under the
above paragraph 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, and also
against any of the following special hazards which may be encountered
in the performance of the Contract.
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner
with satisfactory proof of coverage by insurance required in these
Contract Documents in amounts and by carriers satisfactory to the Owner.
(Sample attached.) All insurance requirements made upon the Contractor
shall apply to Sub-Contractor' should the Prime Contractor ' s insurance
not cover the Sub-Contractor's work operations.
g. LOCAL AGENT FOR INSURANCE: The insurance company on which the Contractor 's
insurance is written shall be represented by an agent having an office
located within the city limits of the City of Fort Worth, Tarrant County,
Texas, and the agent shall be a duly qualified one upon whom service of
6-1-71 C 3-3 (4)
process may be issued, and must have authority and power to act on
behalf of the insurance company and settle or negotiate with the City
of Fort Worth) or any other claimant, of any claims that the City of
Fort Worth or other claimant or any property owner who has been dam-
aged, may have against the insurance company. The name of agent shall
be stipulated on certificate of insurance.
C 3-3,tl,O WEEKLY PAYROLL: A certified copy of each payroll covering payment of
wages to all persons 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 Engineer; however, posting and protection of the wage rates shall be
the responsibility of the Contractor.
6-1-71 C 3-3 (5)
ro
CERTIFICATE OF INSURANCE
TO: DATE
CITY OF FORT WORTH PROJECT NO.
TEXAS TYPE OF
PROJECT
THIS IS TO CERTIFY THAT
(Name and Address of Insured)
is, at the date of this certificate, insured by this Company with respect to
the business operations hereinafter described, for the types of Insurance and
in accordance with the provisions of the standard policies used by this Com-
pany, and further hereinafter described. Exceptions to standard policy noted
on reverse side hereof.
TYPE OF INSURANCE
Polio No. Effective Expires Limits of Liability
Workmen's Compensation
• I Person
Public Liability I Accident
• I Person
Contingent Liability I Accident
Property Damage
Blasting
Collapse of Bldgs. or
Structures Adjacent to
Excavation
Damage to Underground
Utilities
Builder 's Risk
Automobile
Other
The Foregoing Policies (do) (do not) cover all sub-contractors.
Locations Covered:
Descriptions of Operations Covered:
The above policies either In the body thereof or by appropriate endorsement pro-
vide that they may not be changed or cancelled by the insurer in less than five
(5) days after the insured has received written notice of such change/or cancel-
lation.
Where applicable local laws or regulations require more than five (5) days actual
notice of change or cancellation to the assured, the above policies contain such
special requirements, either in the body thereof or by appropriate endorsement
thereto attached.
Agency
By
Fort Worth Agent
Address
6-1-71 C 3-3 (6)
~
~ .
CITY OF FORT WORTH WATER DEPARTMENT
PART C - GENERAL CONDITIONS
SECTION c 4-4 SCOPE OF WORK
c 4-4. 1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these
Contract Documents to provide for a complete, useful project which the Con-
tractor undertakes to construct or furnish, all in full compliance with the
requirements and intent of the Contract Documents. It is definitely under-
stood 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.
c 4-4.2 SPECIAL PROVISIONS: Should any work or conditions which are not
thoroughly and satisfactorily stipulated or covered by General or Special
Conditions of these Contract Documents be anticipatedx 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. All such "Special Provisions" shall be
-
considered to be a part of the Contract Documents just as though they were
originally written therein.
,
_ ^ The Owner reserves the right to
alter the quantities of the work to be performed or to extend or shorten the
improvements at any time when and as found to be necessary, and the Contractor
shall perform the work as a}tarad' increased, or decreased at the unit prices.
Such increased or decreased quantity shall not be more than 25 per cent 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 mate-
rials to be furnished by the 25 per cent or more, then either party to the con-
tract 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 per cent 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 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 of sanitary sewer
pipe in each pipe size, but not to the various depth categories.
c 4-4.4 ALTERATION OF CONTRACT DOCUMENTS: 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 satis-
factory manner/ provided such changes do not mater /ally alter the or1 `�a)
-
Contract Documents or change the general nature of the project as a w�o/e. Such
changes shall not be considered as waiving or invalidating any condition or pro-
vision of the Contract Documents.
`
6~1-71 C 4-4 (!)
C 4-4.5 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 deter-
mined by one or more or a 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 insur-
ance, bonds, and social security as determined by the Owner, plus a
fixed fee to be agreed upon but not to exceed IO9X of the actual cost
of such extra work. The fixed fee is not to include any additional
profit to the Contractor for 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 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. 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 five 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
prepare for permanent record a corrected set of plans showing the actual instal-
lation.
6-1-71 c 4-4 (2)
~ c 4-4.6 : Before commencing any work under this contract'
the Cm/tractor shall submit to the Owner and receive the Owner ' s approval there-
of, a "Schedule of Operations," showing by a straight line method the date of
commencing and finishing each of the major elements of the contract. Thera
shall be also shown the estimated monthly cost of work for which estimates are
to be expected. There shall be presented also a composite graph showing the
anticipated progress of construction with the time being plotted horizontally
and the percamtage of completion plotted vertically. The progress charts shall
be prepared on 811/ x 11" sheets and at least five black or blue line prints
shall be furnished to the Owner,
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- 6-1-71 C 4~4 /3\
CITY OF FORT WORTH WATER DEPARTMENT
^ PART C - GENERAL CONDITIONS
SECTION C 5-5 CONTROL OF WORK AND MATERIALS
C 5-5. 1 AUTHORITY OF ENGINEER: The work shall be performed under the direction
and supervision of the Enginmmr* to his satisfaction, 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, manner of
performance, rate or progress of the work, sequence of the construction^ |nter-
pretation of the Contract Documents, acceptable fulfillment of the contract/
compensation, mutual right between Contractor and Owner under these Contract
Documents, supervision of the work, resumption of operations, and all other
questions or disputes which may ariye. He shall determine the amount and quality
of the work performed and materials furnYshed^ 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 Engineer shall
have executive authority to enforce and,make effective such necessary decisions
and orders as the Contractor falls 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 mus1^ within a reasonable time,
upon written request of the Lmntractor, render and deliver to both the Owner and
Contractor/ a written decision on the matter in controversy.
C 5-5.2 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. Such
deviations from the approved Contract Documents as may be required by the Engineer
during construction will in all cases be determined by the Engineer and authorized
' by the Owner in writing.
C 5-5-� COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up
of several sections, which, taken tmgether/ are intended to describe and provide
for a complete and useful pro'ect/ and any requirements appearing in one of the
sections is as binding as though it occurred in all sections.' In case of discre-
pancies, figured dimensions shall govern over scaled dYmensions^ plans shall
govern over specifications, special conditions shell govern over general conditions
and standard speclf/catyVns, 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 omissYon ' 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.
c 5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with throe
sets of the Contract Documents and shall have available on the site of the project
at all times one sat of such Contract Documents.
The Contractor 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.
"
6-1-71 C 5-5 (|)
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 Con-
tractor shall designate in writing to the Engineer the name, address, and
telephone number of the project superintendent; and the Contractor shall like-
wise designate in writing to the Engineer, the name, address, and telephone
number of an assistant to the project superintendent, such assistant to have
the same authority, in the absence of 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 adequately provide for the
safety or convenience of the traveling public or the owners of property across
whichthe 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.
C 5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the 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 dis-
patch to a verbal request made by the 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 re-
quirements 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
that 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 its entire costs for such remedial action,
plus 25%, from any funds due the Contractor on the project.
C__5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation,
an adequate field office for use of the Engineer, if specifically called for.
The field office shall be not less than 10 by 14 feet in floor area, substan-
tially constructed,, well heated, ventilated, lighted, and weather-proof.so that
documents will not be damaged by the elements.
C 5-5.7 CONSTRUCTION STAKES: The Owner, through its engineer, will furnish the
Contractor with all lines, grades, and measurements necessary to the proper pro-
secution 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.
6-1-71 C 5-5 (2)
These stakes or gnarkings 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 quidance 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 wilfully 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.
C 5-5.8 AUTHORITY AND DUTIES OF INSPECTORS: Inspectors will be authorized to
inspect all work done and to be done and ,all materials furnished. Such inspect-
ion 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. An 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 riot 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 Inspector as to
the materials or equipment furnished or the manner of performing the work, the
Inspector will have authority to reject materials or equipment or suspend work
until the question at issue can be referred to and be decided by the Engineer,
The 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 super-
intendent or foreman or perform any other duties for the Contractor, or inter-
fere with the management or operation of the work. He wild 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 Inspector or Engineer
when the same are consistent with the obligations of the Contract Documents, pro-
vided, however, should the Contractor object to any orders or instructions of the
Inspector, the Contractor may within six days make written appeal to the Engineer
for his decision on the matter in controversy.
C 5-5.9 INSPECTION: The Contractor shall furnish the Engineer with every reason-
able facility for ascertaining whether or not the work as performed is in accord-
ance with the requirements of the Contract Documents. If the Engineer so requests,
the Contractor shall, at any tirre, 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 the work so exposed or examined prove to be un-
acceptable, 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.
C 5-5- 10 REMOVAL OF DEFECTIVE AND UNAqTH0RIZED WORK': All work, materials, or
equipment which has been rejected shall be remedied or removed and replaced in
an acceptable manner by the Contractor at his own expense. Work done beyond
6-1-71 C 5-5 (3)
~
t he | /ues and 9rado5 given or aF, shown on the plans, except as herein speci~ '
f �ca\ } y provided/ or any Extra Work done without written authority, w[J | be
considered as unauthorized and done at the expense of the Contractor and will
not be paid for by the Uwner' 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 para-
graph, 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 Con-
tractor.
C 5-5- 11 SOURCE OF SUPPLY AND allALITY OF MATERIALS: The materials shall be of
the best quality procurable, as required by the Contract Documents and all
amendments and revisions thereof. The Contractor shall not commence delivery
of any materials until the Engineer has approved the source of supply. Only
materials and equipment conforming to these Contract Documents shall be used
in the work, and such materials or equipment shall be used only after written
approval has been given by the Engineer and only so long as the quality of said
materials remains equal to the requireremts of the Contract Documents. The
Contractor shall furnish approved material from other sources if for any reason
the product from any source at any time before commencement or during the pro-
secution of the work proves to be unacceptable. After approval, any materials
which have become mixed with or coated with dirt or any other foreign substance
or otherwise damaged during the delivery and handling will not be permitted to
be used in the work.
C 5-5. 12 SAMPLES AND TESTS OF MATERIALS: Where, in the opinion of the Engineer) _
or as ca| |ed for |n the Contract Document s, tests of materials or equ7pnmwnt are
necessary, such tests will be made at the expense of and paid for direct to the
tasting agency by the Owner unless otherwise specifically prov/6ed. The failure ,
of the owner to make any tests of matarials shall in no way relieve the Contractor
of his respons|bi } |tity of furnishing materials and equipment fully conforming to
the requirements of the Contract Documents. Tests and sampling of materials,
un|ess ot herwise spec|fied, w| | | he made in accordance w|th the |atest met hods
prescribed by the American SocYety 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 trans-
porting equipment shall be approved by the Engineer before any concrete is placed,
and the Contractor shal l be responsible for placing 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 concreCe. Should the source
of supply change/ new tests sha| } be made prior to the use of the new materials.
MATERIALS:C 5-5- 13 STORAGE OF All materials which are to be used in the construct-
ion operation sha| | be stored so as to insure the preservation of their qual ity and
f/tnass 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 ground, and shall
be placed under cover when directed. Stored materials shall be placed and located
so as to facilitate prompt inspection.
C 5-5. 14 EXISTING s,rRUCTURES: The plans show the location of all known surface
- and sub-surface structures. However, the location of many gas mains, water maims,
conduits, sewer lines, etc., is unknown to the Owner/ and the Owner assumes no
responsibility for failure to show any or a} | such structures on the plans or to
shown 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 Documants` in which case the
provision in these Contract Documents for Extra Work shall apply.
SERVICE:C 5-5- 15 INTERRUPTION OF
a. In the normal prosecution of work where the
interruption of service is necessary, the Contractor, at least 24
hours in advance, shall be required to:
I . Notify tl"ie Water Department 's Distribution Division as to |ocation,
time' and schedule of service interruption.
2. Notify each customer personally through responsible personnel as to
time and schedule of the interruption of their service, or
3, In the event that personal notification of a customer cannot be
made, a prepared tag form shall be attached to the customers'
entrance door knob. The tag shall be durable in composition,
and in large bold type shall say:
"NOT|CE"
' Due to Utility improvements in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of u anm~�__~�___
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
6^ : In the event that an unforeseen service interruption
occurs, notice shall be as above^ but immediate.
c 5-5. 16 MUTUAL RESPONSIBILITY OF CONTRACTORS: | f, through acts or neglect
on the part or the Contractor, any other Contractor or any sub-contractor shall
suffer )mss 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.
6-1-71 C 5~5 (5)
C 5-5. 17 CLEAR-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 satis-
faction of the Engineer. Twenty-four hours after written notice is given to the
Contractor that the clean-up on the job site is proceeding in a manner unsatis-
factory to the Engineer, if the Contractor fails to correct the unsatisfactory
procedure, the City may take such direct action as the Engineer deems appropriate
to correct the clean-up deficiencies cited to the Contractor in the written
notice, 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 disposed of at locations satisfactory to the Engineer. No
extra compensation will be made to the Contractor for any clean-up required on
the project.
C 5-5-18 FINAL INSPECTION: Whenever the work provided for in and contemplated
under the Contract Documents has been satisfactorily completed and final clean-up
performed, the Engineer in charge of the work 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 all materials and equipment are found to be 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 inspection of the work.
6-1-71 C 5-5 (6)
crry OF FORT WORTH WATER DEPARTMENT
PART C - GENERAL CONDITIONS
SECTION c 6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C 6-6. 1 LAWS TO BE OBSERVED- The Contractor shall at all times observe and
comply with all Federal and State Laws and City ordinances and regulations
which in any way affect the conduct of the work or his operations, and shall
observe and comply with all orders, flaws, ordinances and regulations which
exist or which may be enacted later by bodies having jurisduction or authority
for such enactment. No plea misunderstanding or ignorance thereof will be
considered. The Contractor and his Sureties shall indemnify and save harmless
the City and all of its officers,, agents, and employees against any and all
claims or liability arising front or based on the violation of any such law,
ordinance, regulation, or, order, whether it be by himself or his employees.
C 6-6.2 PERMITS AND LICENSES: The Contractor shall procure all permits and
licenses, pay aH charges, costs arid fees, and give all notices necessary and
incident to the due and lawful prosecution of the work.
C 6-6.3 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 mutally agreed and understood that without exception the contract prices shall
include all royalties or cost arising from patents, trade-marks, and copyrights
in any way involved in the work. The Contractor and his sureties shall indem-
nify 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 copyright 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 infringe-
ment 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 in-
fringed upon by the design, type of construction or material or equipment speci-
fied in the Contract Documents furnished the Contractor by the Owner, and to
hold the Contractor harmless on account of such suits.
C 6-6.4 SANITARY PROVISIONS: The Contractor shall establish and enforce among
his employees such regulations in regard to cleanliness and disposal of garbage
and waste as will tend to prevent the inception and spread of infectious or con-
tagious 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 re-
quired by the Engineer shall be put into immediate force and effect by the Con-
tractor. The necessary sanitary conveniences for use of laborers on the work,
properly secluded from public observation, shall be constructed and maintained
by the Contractor in such a manner and at such point as will be approved by the
Engineer, and their use shall be strictly enforced by the Contractor. All such
facilities shall be kept in a clean and sanitary condition, free from objectionable
odors so as not to cause a nuisance. All sanitary laws and regulations of the
State of Texas and the City shall be strictly complied with.
6-1-71 c 6-6 0 )
c 6-6.5 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 ve-
hicular traffic, except during actual trenching or pipe installation operations, at
aV | driveway crossings. Such provisions may include bridging, placement of crushed
stone or grave!, or such other means of providing proper ingress and egress for the
property served by the driveway as the Engineer may approve as appropriate. Such
other means may include the diversion of driveway traffic, with specific approval
by the Engineer. If diversion of traffic is approved by the Engineer at any loca-
tion, 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,
gas valves, or manholes in the vicinity. The Owner reserves the right to remedy
any neglect on the part of the Contractor as regards to public convenience and
safety 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 shall be deducted for 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 closed or obstructed or any fire hydrant is made inaccessible, and, when so
directed by the Engineer, shall heap any street, streets, or highways in condition
for unobstructed use by fire apparatus. The Contractor shall promptly notify the
Fire Department Headquarters when al ) 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 stream's, his responsibility for accidents
in connection with such crossings shall include the roadway approaches as well as
the structures of such crossings.
The Contractor shall at all times conduct his operation and the use of construction
machinery so as not to damage or destroy trees and shrubs located in close proximity
to or on the site of the work. Wherever any such damage may be done, the Contractor
shall immediately satisfy all claims of property owners, and no payment will be made
by the Owner in settlement of such claims. The Contractor shall f| Ya with the
Engineer a written statement showing all such claims adjusted.
6-1-71 C 6-6 (2)
C 6-6.6 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 fur 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 construct-
ion purposes may be stored in such space, but not 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 carried on in such a manner as not to interfere with the oper-
ation of trains, loading or unloading of cars, etc. Other contractors of the
Owner may, for all purposes required by this 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.
C 6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way of
any railway, the Owner 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 per-
forming 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 Owner. The Contractor shall give the Owner 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.
C 6-6.8 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 neces-
sary. Barricades and fences shall be painted in a color that will be visible at
night. From sunset to sunrise the Contractor shall furnish and maintain at
least one easily visible burning light at each barricade. A sufficient number of
barricades shall be erected and maintained to keep pedestrians away from, and
vehicles from being driven on or into, any work under construction or being
maintained. The Contractor shall furnish watchmen and keep them at their
respective assignments in sufficient numbers to protect the work and prevent
accident or damage.
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 Con-
tractor' s own expense. The Contractor's responsibility for the maintenance of
barricades, signs, fences and lights, and for providing watchmen shall not cease
until the project shall have been completed and accepted by the Owner.
6-1-71 C 6-6 (3)
No compensation, except as specifically provided in these Contract Documents,
will be paid to the Contractor for the work and materials involved in the
constructing, providing, and maintaining of barricades, signs, fences, and
lights or for salaries of watchmen, for the subsequent removal and disposal
of such barricades, signs, etc. , 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 .
C 6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC. ; Should the Contractor elect to
use explosives, drop weight , etc. , in the prosecution of the work, the utmost
care shall at all times be exercised so as to not 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
eight hours in advance of the use of any activity which might damage or endanger
their or his property along or adjacent to the work.
Where blasting is to be permitted on the project, as specified in the Special
Contract Documents, the Contractor shall submit his blasting procedures to the
Engineer in writing prior to commencing and shall furnish evidence that his
insurance carrier does not object to these blasting procedures.
All claims shall be investigated and a written report made by the insurers to
the Engineer within ten (10) days after receipt of written notice to the
Contractor of the claim, by either the City or the claimant. If claimant
gives verbal notice he shall be requested to verify the claim in writing. In
any case, however, the City shall proceed to give both verbal and written
notice to the Contractor. Blasting may be suspended by the Engineer if a
substantial number of complaints are received and blasting shall not be re-
sumed until the cause of the complaints has been eliminated.
Whenever explosives are stored or kept, they shall be stored in a safe and
secure manner and all storage places shall be plainly marked "DANGEROUS
EXPLOSIVES" and shall be under the care of a competent watchman at all times.
All vehicles in which explosives are being transported shall be plainly marked
as mentioned above and shall , insofar as possible, not use heavy traffic routes.
C 6-6. 10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into
private property, the Owner will provide such right-of-way or easement privil-
eges as the City may deem necessary for the prosecution of the work. Any
additional grounds desired by the Contractor for his use shall be provided
by him at his own expense, and written certification shall be given the Engineer
by either the Contractor or the property Owner. The Contractor shall not enter
upon private property for any purpose without having previously obtained per-
mission from the Owner of such property. The Contractor will not be allowed
to store equipment or material on private property unless and until the specific
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 every precaution to prevent damage to all trees,
shrubbery, plants, lawns, fences, culverts, curbing, and all other types of struct-
ures or improvements, to all water, sewer, and gas lines, to all conduits, over
head pole lines, or appurtenances thereof, including the construction of temporary
fences, and to all other public or private property along or adjacent to the work.
6-1-71 c 6-6 (4)
The Contractor shall notify the proper representatives of all public or private
utilities, corporations, and companies, or any individual not less than 48 hours
in advance of commencing any work which might damage or interfere with the oper-
ations of their or his property along or adjacent to the work. The Contractor
shall be responsible for all damage or injury to property of any character result-
ing from any act, omission, neglect, or misconduct in the manner or method of
execution of the work, or at any time due to defective work, material , or equipment,
and said responsibility shall not be released until after the work shall have been
completed by the Contractor and accepted by the Owner.
When and where any direct ui indirect damage 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 similar or 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.
In case of failure on the part of the Contractor to restore such property or
make good such damage or injury, the Engineer may, upon 48 hours written notice
under ordinary circumstances, and without notice when a nuisance of hazardous con-
dition results, proceed to repair, rebuild, or otherwise restore such property as
may be determined to be necessary, and the cost thereby will be deducted from any
monies due or to become due to the Contractor under this Contract.
C 6-6- 11 CONTRACTOR' S RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall
assume all responsibility for damages sustained by persons or property due to the
carrying out of the work. He shall indemnify and save harmless the City and all
of its officers, agents, and employees from all suits, actions or claims of any
character brought for or on account of any injuries or damages sustained by any
person or property by or from the said Contractor, his agents, or employees, or
in consequence of any neglect in safeguarding the work, or on account of any act
or omissions, neglect, or misconduct of said Contractor, his agents, or employees.
In the event a written claim for damages against the Contractor 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 Department
for a period of 30 days after the date of such final inspection, unless the Contrac-
tor shall submit written evidence satisfactory to the Director that the claim has
been settled and a release has been obtained from the claimant involved.
Although the claim concerned remains unsettled at the expiration of the above
30-day period) the Contractor may be deemed to be entitled to a semi-final payment
for work completed, such semi-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.
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:
6-1-71 c 6-6 (5)
(I) The claim has been settled and a r0ease has been oh�tained from the
claimant involved, or
(2) Good faith efforts Ihave been, made to set:Ale such outstanding claims,
amend such gond faith efforts have Palled.
If condition (1) above is mnet at any tinw within the six months period, the
Director shall' reconnend that the Hna payment tothe Contractor be made. If
condition (2) above is met at., any time within the six months period, the Director
may recommend that the f i ina I payment tk) the Contractor be made. At the expiration
of the six months period the Directior ma'y reccNwiend that f itial payment be made if
all other work has been perf oraxad and al I other obl 19at lons of the Contractor have
been met to the satisfaction of tl,ie Director.
The Director rnay, If he deeints 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, perforfned under a City contract.
C 6-6. 12 CONTRACTOR'S CLAIM FOR. DAMdid S. Sl°could the Contractor claim compensation
for a n y al I e ge d idamn�TTY-77,iW7o n7_717re acts v)f omissions of the Owner,, he shall
within three days after, the actual sustaining of such alleged damage, make a
written statement to the Engineer, setting out In detail the nature of the
alleged damage, anti art or before the 25t)h day of the month succeeding that in
which any such daawge Is clain*d to have been sustained, the Contractor shall
f I le with the Engineer an iternized statement of the detail s and amount of such
alleged damage and,, upon request, sW I 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 isf such alleged da ge. Unless such statements shall
be filed as here inabove required, the Co�ntractor`s claim for compensation shall be
waived, and he shall not be entitled to payment on account of such damages.
G 6-6.13ADJUSTMENT OR REMA,"rio OF P I UTILITIES ETC. : In case it is
N
_77
necessary to change, r7e77-ralter In any manner the property of a pub] is
utility or others, the said propew�ty shall not be moved or interfered with
until orders thereupon have teen 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 inaking such changes or repairs to their property that may be
necessary by the per,formance of this contract.
c 6-6.14 TEMPORARY SEWER AND DRAIN CONNESTIQNS� When existing sewer lines have
to be taken up or removed,, thTF;Tt7r7;7t77-shat I, uat his own expense and cost,,
provide and ma i nta i n temporary outlets and connect Ions for a l l private or public
drains and sewers. The Contractor, shad also take care of a] I sewage and drainage
which will be received from these drains and sewers, and for this purpose he shall
prov I de and ma 1 nta in, at h I s own cost and expense, adequate pump I ng f ac i I I t ies
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 received ficvn these temporary connections until such times as the per-
manent connections are built and are In serve ice. The existing sewers and connections
shall be kept in service and maintained under the Contract, except when specified or
ordered to be abandoned by the Engineer. All water, sewage., and other waste shall
be disposed of in a satisfactory markner, so that no nuisance Is created and so that
the work under construction will be adequately protected.
6-1-71 c 6-6 (6:)
C 6-6. 15 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE CITY: When the
Contractor desires to use City water In connection with any construction work,
he shall make complete and satisfactory arrangements with the Fort Worth City
Water Department for so doing.
City water furnished to the Contractor shall be delivered to the Contractor
from a connection on an existing City main. All piping required beyond the
point of delivery shall be installed by the Contractor at his own expense.
The Contractor' s responsibility in the use of all existing fire hydrants 'and/or
valves is detailed in Section E 2-1 .2 USE OF FIRE HYDRANTS AND VALVES in these
General Contract Documents.
When meters are used to measure the water, the charges, if any, for water will
be at the regular established rates. When meters are not used, the charges, if
any, will be as prescribed by tl-�e City Ordinance, or where no ordinance applies,
payment shall be made on esthnates and rates established by the Director of the
Fort Worth City Water Department.
C 6-6. 16 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 he to be irs anyway an acceptance of said work or
structure or at,iy part thereof or as a waiver of any of the provisions of these
Contract Documents. All necessary repairs and removals of any section of the
work so put into use,, due to defective materials or workmanship, equipment, or
to deficient operations on the part of the Contractor, shall be performed by the
contractor at his own expense.
C 6-6- IZ 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 pre-
caution to prevent injury or damage to the work or any part thereof by action
of the elements or f'rom any other cause whatsoever, whether arising from the
execution or nonexecution of the work. The Contractor shall rebuild., repair,
restore, and make good at his own expense all injuries or damage to any portion
of the work occasioned by any of the hereinabove causes.
C 6-6. 18 NO WAIVER .2E_1Ej8J_RIGHTS: Inspection by the Engineer or any order by
the Owner for payn*nt 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
of 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.
C 6-6. 19 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In carrying out the provision
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.
6-1-71 c 6-6 (7)
C 6-6.20 STATE SALES TAX: On a contract awarded by the City of Fort Worth an
organization ,which qualified for exemption pursuant to the provisions of
Article 20.04 (F) of the Texas Limited Sales, Excise, and Use Tax Act, the
Contractor may purchase, rent or lease all materials, supplies, 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 complying
with State Corntroller's ruling #95-0.07. Any such exemption certificate issued
by the Contractor in lieu of the tax shall be subject to the provisions of the
State Comptroller' s ruling #95-0.09 as amended to be effective October 2, 1968.
On a contract awarded by a developer fog 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 (F) of the Texas Limited
Sales, Excise, and Use Tax Act, the Contractor can probably be exempted in the
same manner stated above.
Limited Sales, Excise and Use Tax permits can be obtained from:
Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, Texas
6-1-71 c 6-6 (8)
C ITY OF FORT WORTH WATER DEPARTMENT
PAU C - GENERAL CONDITIONS
SECTION C 7-7 PROSECUTJON AND PROGRESS
C 7-7. 1 SUBLETTING: No portion of the work covered by these Contract Documents,
except contracts for purchase and delivery of materials, shall be sublet without
written permission of the Owner. 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 trainsactions of the Engineer will be with the Contractor. Sub-
contractors 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 sub-contractor 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.
C 7-7.2 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, or otherwise dispose of the contract or of his right, title, or interest
therein or any part thereof, to any person or persons, partnership, company,
firm, or corporation, or does by bankruptcy, voluntary or involuntary, or by
assignment under the insolvency laws of any state, attempt to dispose of the
contract or make default in or abandon said contract, then 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 annullment, any monies due or to beccxne 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.
C 7-7.3 PROSECUTION OF THE WORK: Prior to beginning any construction
operation the Contractor shall submit to the Engineer in five or more copies,
if requested by the Engineer, a progress schedule preferably in chart or
diagram form, or a brief outlining in detail and step by step the manner of
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 of all construction operations shall be at all times as specified
in the Special Contract Documents or approved by the Engineer. Such specifica-
6-1-71 C 7-7 (1 )
tion or approval by the Engineer shall not relieve the Contractor from the full
responsibility of the complete performance by the Contract. Should the prosecu-
tion of the work be discontinued by the Contractor, he shall notify the Engineer
at least 24 hours in advance of resuming operations.
.0 7-7.4 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 for the proper execution of the work,
the Engineer may require the Contractor to finish the section on which operations
are in progress before the work is commenced on any additional section or street.
.0 7-Z-5 CHARACTER OF WORKMEN AND EQUIPMENT: Local labor shall be used by the
Contractor if 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 Engineer, shall misconduct himself or be found to be in-
competent, disrespectful , intemperate, dishonest, or 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 Engineer, and such
person or persons shall not be employed again thereon without written consent
of the Engineer.
All workmen shall have sufficient skill , ability, and experience to properly per-
form the work assigned to them and operate any equipment necessary to properly
carry out the performance of the assigned duties.
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.
C _]-Z.6 WORK SCEHDULE: Elapsed working days shall be computed starting with
the first day of work completed as defined in C 1-1 .23 "Working Day" or the
date stipulated in the "Work Order" for beginning work, whichever comes first.
Work shall be performed only during the regular and accepted working hours
usually considered to be between sunrise and sunset. No work shall be per-
formed during nights, Sundays or regular holidays unless special permission
is given by the Engineer. Any such permission shall not obligate the Owner to
make additional or extra payment to the Contractor on account of such work.
Further, should the successful bidder desire to work a regular construction
schedule on bid item work in excess of nine and one-half (91) hours per day,
Monday through Friday, it shall be required that he submit a work schedule to
the Engineer for approval prior to initiating work on the project . Special
authority shall be obtained to work on Saturday, Sunday and holidays. Approval
6-1-71 C 7-7 (2)
to work on Saturday, Sunday or holidays shall be obtained informally through the
project inspector with a request by Thursday preceding the weekend, if possible.
On Calendar Day projects, the Contractor shall be permitted to work as he so
desires. This approved work schedule shall not be changed by the Contractor
without written approval by the Engineer. A //Work Day/' for purposes of keeping
contract time has previously been defYned [n Paragraph C 1-1 .23. However, nothing
in these Contract Documents shall be construed as prohibiting the Contractor
from working on Saturdays or legal holidays if he so desires and providing that
the requirements as sat forth in this paragraph as to scheduling are fully met.
Should the Contractor choose to work on Saturdays, Sundays or legal holidays,
one day will be charged as contract working time when weather or other working
conditions permit seven (7) hours work as delineated in Paragraph C 1-1 ,23.
C 7-7.7 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
seas fit. .
The Contractor shall maintain a rate of progress such as will insure that the
whole work will he 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.
8 The Contractor' s request for an ex-
tension of time of completion shall be considered only when the request for such
extension 7s submitted in writing to the Engineer within seven days from and
, after the time alleged cause of delay shall have occurred. The Engineer shall
notify the Contractor within seven days after receiving the request for extension
of the probable recommendation to the City Council . Should an extension of the
.
time of completion be required, the request will be forwarded with the final job
estimate for approval by the City Council .
In adjusting the contract time for completion of work, consideration will be
given to unforseaable causes beyond the control of and without the fault or
negligence of the Contractor, including but not limited to acts of the public
enemy, acts of the Owner, fire, flood, tornadoes, epidemics, quarantine re-
strictions, strikes, freight embargoes, or delays of sub-contractors due to
such causes.
When the date of completion is based on a calendar day bid, a request for exten-
sion 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 bonafYde 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
materials in greater amountsor quantities than those set forth in the Contract
,
' 6-1 -71 C 7~7 (3)
Documents, then the contract time shall autotnatically be increased in the same
proportions as the cost of the additional work bears to the cost of the original
work contracted for. No allowance will be made for delays or suspension of the
prosecution of the work due to the fault of the Contractor.
C 7-7.9 FAILURE TO COMPLETE ON TIME: The time of completion is an essential
element of the contract. Each bidder shall indicate in the appropriate place
on the last page of the Proposal the number of working days or calendar days
that he will require to fully complete. this contract. The number of days in-
dicated 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 will become the time of completion specified in the
Contract Documents, For each calendar day that any work shall remain uncompleted
after the time specified in the Contract Docun*nts, 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 the monies due the Contractor, not as a penalty, but as liquidated
damages suffered by the Owner.
AMOUNT OF LIQUIDATED
AMOUNT OF CONTRACT DAMAGES PER DAY
Less than $ 5,000 $ 25-00
$ 5,001 to $ 15,000 inclusive $ 35-00
$ 15,001 to $ 25,000 11 $ 42.00
$ 25,001 to $ 50,000 It $ 70-00
$ 50,001- to $ 100,000 It $105-00
$ 100,001 to $ 500,000 $140.00
$ 500,001 to $1 ,000,000 $210.00
$1 ,000,001 to $2,000,000 1B $280.00
$2,000,001 and over $420.00
C 7-7.10 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.
C 7-7. 11 TEMPORARY SUSPENSiON:' The Engineer shall have the authority to sus-
pend the work operation wholly or in part for such period or periods of time as
he may deem necessary due to unsuitable weaflier conditions or any other unfavor-
able conditions which in the opinion of the 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 City 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 Con-
tractor 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 .)rk performed; he shall
provide suitable drainage about the work, and erect temporary structures where
necessary.
6-,1-71 C 7-7.14)
Should the Contractor not be able to complete a portion of the project due to
causes beyond the control of and WithWt the fault or negligence of the Con-
tractor as set forth in Paragraph C 7-7.8 EXTENSION OF "rHE TIME OF COMPLETION,
and should it be determined by mutual consent o_Tthe Contractor and the
Engineer that a solution to allow construction to proceed is not available
within a reasonable period of tinw., then the Contractor may be reimbursed for
the cost of moving his equipment off the Job and returning the necessary equip-
ment to the Job when it is determined by the Engineer 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 allowed.
No reimbursement shall be allowed if the 'equipment is moved to another con-
struction project for the City of Fort Worth.
The Contractor shall not suspend work without written authority from the
Engineer and shall proceed with the work operations promptly when notified by
the Engineer to so res,urne operations.
C_7-7. 12 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 beconw, 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 shall
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 obtainable. If, after investigations, the Owner finds that
such conditions existing and that the inability of the Contractor to proceed is
not attributable in whole or in part to the fault or neglect of the Contractor,
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 shall within thirty days comply with the request, and the termination
shall be based on 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 and any loss sustained upon any plant or materials and
reasonable profit thereon, but not anticipated profits on work which has not
been performed.
C 7-7.13 SUSPENSION OR ABANDONMENT OF 'THE WORK AND ANNULMENT OF CONTRACT: The
work operations on all or any portion or section of the work under Contract
shall be suspended immediately on written order of the Engineer or City Council
or the Contract may be declared cancelled by the City Council for any good and
sufficient cause. The following 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.
b. Sustantial 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.
6-1-71 C 7-7 (5)
d. Substantial evidence that the Contractor has abandoned the work.
e. Substantial evidence that the Contractor has become insolvent or
bankrupt, or otherwise financially unable to carry on the work
unsatisfactorily.
f. Deliberate failure on the part of the Contractor to observe any
requirements of the Contract Documents or to comply with any order
given by the Engineer or Owner as 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 cor-
rection of which has been directed in writing by tip Engineer or
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 unauthor-
ized assignment of the contract or any funds due therefrom for the
benefit of any creditor or for any other purpose.
j. If the Contractor shall for any cause whatsoever not carry on the
working operation in an acceptable manner.
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 consent of the Owner, sublet the work or that portion of the
work as taken over, provided however, that the Sureties shall 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. All monies
remaining due the Contractor at the time of his default shall thereupon become
due and payable to the Sureties as the work progresses, subject to all of the
terms of the Contract Documents.
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 the Contractor to discontinue,
then the Owner shall 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
6-j-71 C 7-7 (6)
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 or may become
due at any time thereafter to the Contractor under and by virtue of the Con-
tract or any part thereof. The Owner shall not be required to obtain the
lowest bid for the work of completing the contract , but the expense to be
deducted shall be the actual cost of such work. In case such expense is less
than the sum which would have been payable under the contract If the same
had been completed by the Contractor, then, in such case, the City may pay, to
the Contractor the difference in the cost, provided that the Contractor shall
not be entitled to any claim for damages or for loss of anticipated profits.
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 under the provisions 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 rn no
wise hinder or interfere with performance of workmen employed as above provided
by the Owner.
C 7,7- 14 TERMINATION 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 been finished and completed, the final Inspection made by the Engineer,
and the final acceptance and final payment made by the Owner.
C 7-7.15 SAFETY METHODS AND PRACTICES: The Contractor shall maintain a program
of safety methods and practices at all times. He shall outline his program to
the Owner and shall assume all responsibilities for its enforcement.
6-1-71 C 7-7 (7)
CITY OF FORT WORTH WATER DEPARTMENT
PART C - GENERAL CONDITIONS
SEC"I" M c 8-8 MEASUREMENT AND PAYMENT
C 8-8. 1 MEASUREMENT OF QUANTITIES: The determination of quantities of work
perfromed by the Contractor and authorized by the Contract Documents acceptably
completed tinder the terms of the Contract Documents, or as directed by the
Enqineer in writinq ments made
shall be made by the Engineer, based on measure
by t:,Iie Engineer. These measurements will be made according to the United States
Stan la rd Measurements used in common practice, and w i I I be the actual I engt h,
area, solid contents, numbers, and weights of the materials and items installed.
C8-8.2.._UNIT PRICES,: When in the Proposal a ''Unit Price" is set forth, the
said "Unit Price" shall include the furnishing by the Contractor of all 'labor,
tools, materials, machinery, equipment, appliances and appurtenances necessary
for the construction of and the completion in a first-class, workmanlike manner
and acceptable conditions of all work to be done under these Contract Documents.
The "Unit Price'' shall include all permanent and temporary protection of over-
head, surface, and underground structures, clean up, 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 itea�s
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.
L 8-8..3 OF PAYMENT: The Contractor shall receive and accept the compensa-
tion, as herein provided, in full payment for furnishing all labor, tools,
u,,naterials, 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 unforseen defects
or obstructions which may arise or be encountered during the prosecution of the
work at any time before its final acceptance by the Owner, (except as provided
In paragraph C 5-5. 14)for all risks of whatever description connected with the
prosecution of the work, for al.] 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, copy-
rights,, or other legal reservations, and for completing the work in an accept-
able 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, not' in any way prejudice or affect
the obligations of the Contractor to repair, correct, renew, or replace at his
own and proper 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.
6-I -P C 8-8 (1 )
C 8-8.4 PARTIAL ESTIMATES AND RETAINAGE: Between the 1st and 5th 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 under the
Contract Documents. Not later than the 10th 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 in amount, 90% of such estimated sum will be paid to the Contractor
on or before the 15th day of the month in which the Engineer approves the estimate.
The City will have the option of preparing estimates on forms furnished by the
City. The partial estimate may include acceptable non-perishable materials
delivered to the work which are to be incorporated into the work as a permanent
part thereof, but which at 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 him as a guide in the verification or the preparation of partial estimates.
It is understood that the partial estimates from month to month will be approxi-
mate 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 suffi-
ciency, or as an acceptance of the work done or the release of the Contractor
of any of his responsibilities under the Contract Documents.
Retainage on all partial construction pay estimates shall be ten (10) per cent
of the amount due for work performed.
C 8-8.5 WITHHOLDING PAYMENT: Payment on any estimate or estimates may be held
in abeyance if the performance of the construction operations is not in accord-
ance with the requirements of the Contract Documents.
C 8-8.6 FINAL ACCEPTANCE: Whenever the improvements provided for by the Con-
tract Documents shall have been completed and all requirements of the Contract
Documents shall have been fulfilled on the part of the Contractor, the Contractor
shall notify the Engineer in writing that the improvements are ready for the
final inspection. The Engineer or other appropriate official of the Owner will
within a reasonable time make such final inspection, and if the work is satis-
factory, in an acceptable condition, and has been completed in accordance with
the terms of the Contract Documents and all approved modifications thereof, the
Engineer will initiate the processing of the final estimate and recommend final
acceptance of the project and final payment therefor as outlined in C 8-8.7
below.
if the Engineer finds that the work has not been completed as mentioned above he
shall so advise the Contractor in writing, furnishing him an itemized list of all
known items which are not in an acceptable condition. When the Contractor has
corrected all such items he shall again notify the Engineer that the project is
again ready for final inspection, and the Engineer shall proceed as outlined
above.
C 8-8.Z FINAL PAYMENT: Whenever all of the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been com-
pleted 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, compu-
tations, and checks can be made.
6-1-71 C 8-8 (2)
All prior estimates upon wl'ilch payment has been made are subject to necessary
corrections or revisions in the final payment.
The amount of the final estimate, less previOUS payments and any sums that have
been deducted or retained under the provisions of the Contract Documents, will
be paid to the Contractor within 30 day's 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 follows: Prior to submission
of the final estimate for paynient , the Contractor shall execute an affidavit, as
furnished by the City, certifying that all persons, firms, associations, corpora-
tions, or other orgariizations 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 d&nages.
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 Con-'
tract 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 specifi-
cally continue thereafter.
C 8-8.8 ADEQUACY OF DESIGN: It is understood that the Owner believes it has
employed competent Engineer's and designers to prepare the Contract Documents and
all modifications of the approved 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 Con-
tractor to show that he has complied with the said requirements of the Contract
Documents, approved modifications thereof, and all approved additions and
alterations thereto.
C 8-8.9 GENERAL GUARANTY: Neither the final certificate of payment nor any
provision in the Contract Documents riot partial or entire occupancy of the
premises by the Owner shall constitut.-e an acceptance of work not done in accord-
ance with the Contract Documerits 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 in the work and pay for
any damage to other work resulting therefrom which shall appear within a period
of one year from the date of final acceptance of the work unless a longer period
is specified and shall furnish a good and sufficient maintenance bond in the
amount of 100 per cent of the amount of the contract which shall assure the
performance of the general guaranty as above outlined. The Owner will give
notice of observed defects with reasonable promptness.
6-1-71 C 8-8 (3)
PART D - SPECIAL CONDITIONS,
-1 Subject to modifications as herein contained, the Port Worth
Water , I General. Contract Docu�e is and e � pea fications
with January, 1, 1972, =revisions,; are wade a part of the Contract Documents
for this pr , ect The Plans, these Special Contract Documents, and the
!general Contract Documents, together with all specifications, documents,
rules, regulatiohs, requirements., instructions, drawings or details referred
to by rsanufaacturer's name, number or identification included therein as
specifying.. referrin or implying product control, performance, ality, or
ether, shall be hlndi.ng 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 as faithful a manner as though required by, all.
The various parts of the Contract Documents shall follow generally, but not
necessarily, the order of precedence below, in case of conflicts or discrepancies:
1. Plans
. Special. Contrast Documents
. Gen ral Contract Documents and
General Specifications
The following Special Conditions shall be applicable to this project and shall
govern over arq, conflicts with the General Contract Documents.
The word to be constructed under this contract is
designated as, W r'Distribution System Project No. 109-15400-4532 and Sanitary
Sewer System Paroled Rio. 146.13444-5772, and consists of crater and sanitary sewer
facilities as specified and as shown on the plane for installation in la Valle
Grande'Addition, in the Mowbrbok area. The area of the proposed construction
is being prepar �
d for development, and all of the streets will have been excavated
to the proposed sdbgrade and the storm drain will have already been installed.
D— ': The labor classifications and minimum wage rates sot Perth below
have bean pre-ster fined by the City Council, of the City of Fort Worth, Texas in
adcordance with statutory requirotwnts, as being the prevailing classifications
and ern; the site of the project covered, by these Contract Documents. In no event
wall less than the enclosed gates of wages be paid.
D-1
CITY OF FORT WORTH, TEXAS
Prevai l r ng W,Sge:
for
STREETS, DRAINAGE AND UTILITY CONSTRtrCTION'
March 15, 171
RATE RATE
C LA alfLCA 10N .ps H GLASS1F1CaTlt. PER HR,
Air Too I Man $176 Cra"ne,, Clamsholl, Bae.khoa, Derrick,
Asphalt heaterman 2.50 llraSline, Shovel (Lass than A
Asphalt Raker 2.75 C.Y.), 2..75
Asphalt Shoveler 2.40 Crane, Clamahell, Backhoe, Derrick,
Batching Plant Scaloraan 2.50 llrogline, Shovel (14 C.Y. and Aver),
Barterboard Setter 2.50' Finc. Grade 3.25
Carpenter, Rough 3,25 Crane., Clamshell, 8ackhoe, Derrick,
Carpenter helper, Rough 2,50 Drag,line, Shovel (I� C.Y. and over) 3.15
Concrete Finisher (Paving) 3.25 Crusher and Screening Plant Opr. 2.75
Concrete Finisher Helper (Paving) 2.65 Elevating Grader 2.75
Concrete Finisher (Structures) 3.00 Form Loader' 2.50
Concrete Finisher Helper Foundation trill Operator
(Structures) 2.50 (Crawler Mounted) 3.25
Concrete Rubber 2.50 Foundation Drill, Operator (Truck
Fireman 2.25 Mounted) 3.00
Flagman 2.00 Foundation Drill Opr. Helper 2.75
Form Builder (Structures) 3.25' Front End Loader (2t C.Y. and Less) 2.70
Form Builder Helper (Structures) 2.50 Front Bred Deader (Aver 2k C.Y.) 3.00
Form Liner (Paving and Curb) 3.00 Hoist (Double Drum and Less) 2.25
Farm Setter (Paving and Curb) 3.00 hoist (aver 2 Drum) 2.50
Form Setter Helper (Paving Mixer (over 16 C.F.) 3.00
and Curb) 2.50 Mixer (16 C.F. and Leas) 2.50
Form Setter (Structures) 3.10` Motor Grader Opr,, fina; Oxod+t 3.25
Form Setter 'Helper (Structures) 2.50 Motor Grader Operator 3.00
Laborer, Comma 2.00: Paint Striping Machine 2.25
Laborer, Utility Matt 2.25' Pump Crete 2.30
Manhole guilder, Hrick 3.00 Roller, Steel Wheel (Plant-Mix
Mechanic 3.25 Pavenionts) 2.73
Mechanic Helper 2.60' Roller, Steel Wheal (Other) 2.30
oiler 2.50 Roller, Pneumatic (Self-Propellid). 2.33
Painter (Structures) 2.75 Scrapers (17 C.Y. and Lass) 2.75
Painter Helper (Structures) 2.50 Scrapers (Aver 17 C.Y.) 3.00
Piledriverman 3.00` Self Propelled Hantetrr 2.23
Pipolayar 2.75 Side Boom 2.85
Pipelayar Helper 2.35 Tractor (Crawler Type) 130 M.P.
Pneumatic Matters&* 2.50 and Leas 2.75
Pewderman 3.25 Tractor (Crawler Typo) Over 150 M.P. 2.85
Powder*** Helper 2.23' Tractor (Pneumatic) $O M.P. and Less 2.25
Power Equipment Operators: 'tractor (Pneumatic) Over 80 H.P. 2.50
Asphalt Distributor 2.75 Traveling Plant (Stabilisation) 2.50
Asphalt Paving Machin* 2.85 Trenching Machin*, Light 2.75
Bulldozer, 150 M.P. and Less 3.00 Trenching Machine, Heavy 3.25
Bulldozer, Over 150 H.P. Wagon'Drill;or Boring Machine 2.50
Pine Credo 3.00 Reinforcing Steel Setter (Paviv#) 2.25
Bulldozer, Over 80 M.P. 3.00 Reinforcing Steal Setter (Structures) 2.73
Concrete Paving Curing Machin* 3.00 Reinforcing Steal Setter Melpor 2.25
Concrots Paving Piaishing Machine 3.00 Steel Worker (Structural) 3.25
Concrete Pawing Form Grader 2.75 Steel,tlorker lielp«er (Structural) 2.75
Concrete Paving Gang Vibrator 2.25 Spro*dorSox Man 2.75
Concrete Paving Crindor' 2.25 Swampor 2.25
Concrete Paving Joint Machine 2.50 Truck drivers:
Concrete Paving Joint Sealer 2.50 Single Axle, Light 2.25
Concrete Paviv# 14"1tudina Single Axle, Heavy 2.25
float` 2.75. Tandem Axle or Semitrailer 2.5
Concrete Paving Mixer 3.25 Louboy 2.90
concrete Paving Saw 2.50 Transit-Mix 2.50
Concrete Paving Spreader 2.75 Winch 2.50
Concrete Paving Sub Grader 3.25 Vibrator Man Oland Type) 2.25
Crams, Claeubell, Backh", derrick, WeiSkmawan (Truck Scale#) 2.25
brsgline, Shovel,(Loss"thou 14 Welder 3,25
C.Y.), Vine Credo 3.00 Voider Helper 2.50
Overtime shell be ;paid for at this rate of one and one-half (4) tines teas, regular rate for
*very hour worked to "case of forty (40) hours par weak,
0-2 +
R=2 W P G � s Poky, s wig,, be f=dshed by the City
for � by the Contractor, and the City will also furnish Chlorinated
Lim (HTH) when required and mater for testier and stOri ization, of water lines.
The contractor's attention is directed
to the necessity of taking adequate measure to protect ail existing, structures,
improvements and utilities which may be encountered. They include, but are not
limited., to the following:
A. � UUtj including water mains aoI services, water motor
boxes, fail and air lines, gas mains and services.. sanitary
sewers and service connections, stoma sewers, telephone
conduits and electric conduits.
B. and, Rrivag: Contractor shall at all times maintain
streets and drives in a condition which will provide easy �cess«
D-7, r2MIONS T J T » The 81, watery main in Hitson lane will
not be 'turned off when connections to the wdsting lines are made. The three
connections will be paid for on a "per each' basis der Pair Item No. 4 of the
'Water r Section of the Proposal., regardless of size of the branch pipe or valve
required. The 'per each." price bid in the proposal shall include the tapping
tee and valve, pavement repair or replacement and all other"`work as specified
under Specification E 2-29 of the General Contract Documents.
PdlyotlWle ne wrapping will be required for all ductile
iron pipe valves, and fittings on this project, in accordance with Section Z 2-3
of the General Contract Documents and Specifications.
P W : As set forth in the General Conditions,
Section 0-6-4, the Contractor' shall provide all necessary sanitary conveniences
for the use of workmen at the project sate. Specific attention is directed to
this requirement.
,. ` M; The matter of su'bsurf'ace exploration to ascertain the nature of
the so ls, including the amount of rock if ar r, through which this pipe line install-
ation is to be made is the responsibility of any and all prospective biddere, and
the bidders on this project shall submit his bid under that condition. Whether
prospective bidders perform this subsurface a,ce xploration jointly or Independently,
and ,whether they make such determinations by the use of test holes or other means,
shall be left to the discretion of such prospective bidders.
D-11 BIA' `°1, Blasting will be permitted on this project udder the requirements
of Sect ow n. ,' Use of Explosives of the General Conditions.
The Contaractore s attention is directed to the City's ordinance darning blAstingo
These Requirements will be enforced.
2:19. l s The depth of all water lines shall be 3 feet f`r ►
top of pipe to the tope of eating or proposed adjacent curbs, except where the
plans show a different pipe elevation. Where interference occurs between the plan
,grace of the water grain and utilities along the route, the Construction neer may
require that the main be routed over or under the obstruction. if this occurs, pay-
ment for the adjustment shall be made under Item 13 of the Water Project a c°t proposal.,
as applicable,; and no other compensation will be allowed.
0-
11N mry�yy, ggaagysy M
a F� WvIPa RiSi' A � N 'ypd� :, N M N N b
�.N ,:OW�. 96.� �N '. M: M.tiWM;•N; qN.; N pW::.
t"" N a'" ;.t6 N ""t N N a N tl t �„ M a '", :•M M M
N N:.
N �N� &q:. N,•:M N t t a N M :.t t �. qN
qP t�•a RR�«, N� ,d.a t "N N N NNM a RN M'" •"�M N : M N N a N
RP a :.t
a N
M M w• N : Na a a t
a M N t $d a b Rqa N M
a a �.N t•.. N M N
M M a M
; oh vehicle in the categories specified above shall be rov,ded with warning;
sins not less five inches ( '' seven inches painted yellow
blade letters, that are legible, at twelve feet (121). The uan4mg sign shall
read as follo ws: 'WANING----WLWUL TO OPM= THIS U IPMW WMI
FE' OF HIGH VOLTAGB LI '." At least two warning signs shell be plaood on
each veh clo., one inside in full view of the Operator and one outside in fell
view of the o seratorl s assistant. ,
When necessary to wo* within six few (61) of overhead high voltage electric
transmission limes, the Contractor shall notify the utility oo rq ("f w as Electric
Service, Company) who will erect tempors 7 mechanical barriers.. do-.eaergize the
electric line or raise or lower the electric line* The Contractor shall maintain
close liaison with the n%if.ne ar on all requests made to TESCO, for providing rare ecuon
of relief from high voltage electric ;Linea. The Snoneer will maintain an
accurate log of key events associated with the Contractor's arequosest (e) for
seri;ves and the actions taken by the utility company.
Work doue by the utility company to provide protection or relief from overheas
high voltage sleotrie transmission lines or devices shall, not be made at the
expenso oaf the City of Fort Worth, thus the Contractor shall be required to make
his own arrangements tmlth TMC ? and any such service charges shall be at has
sole cost and expense,
Part of the final inspection on this project shall include
a closed circuit TV survey of the completed sanitary sewer pipe insstaaUation,
exclusive of services, and all imperfections in the installed facility revealed
by the T' survey shall be arewdied by the Contractor prior to ae,ccepta=e of than
project as complete. All TV survey work, including furnishing of necessary
personnel,, equipment and material, shad be performed by the City at no cost to
the Contractor, but the Contractor shall fully cooperate 'with the City in the
making of this TV survey, as in all other engineering aspects of the p"JOct.
As part of this cooperative, effort, the Contractor shall at his exT s o, insert a
continuous rylon cord of approximately 1/$ inch in diameter in all sanitary sever
lines, exclusive + services as than vines care laid, to a�s4 in the thro of
TV cables and camora, controls.
'. ..,,ff 1 All excavated material unfit for backfi11 or surplus to that oases,
taste materials a eumaalated on the job, and any material surplus to that needed
in the prosecution of the work shall be ronoved ,from the site by they Contractor
and disposed of at his expense as regoired tear paragraph C -5.17 of the
General Contract Dnc „ ants. In accordance with paragraph C 6,-6.11 of the General,
Contract Doc nts, the Contractor shall irk f�y and save harmless the City,
all of its officers, agents and ea plo7aes from all suits, auctions, or claim of
any character resulting' from li Is arrangements for the disposal of spoil-
D-21 TYPE, "PI BAC The type "$fl Aack;f`ill called for in PAy Item NOo 12 of
the Water Project wean Pay Item No. 9 of the Sewer Project shall 'be used o
and as directed by the Engineer.
D-
GErT|UN E - | MATERIAL SPECIFICATIONS
All materials used in this project will conform to Section E-| of the
Fort Worth Water Department General Contract Documents and General
Specifications with January ) / 1972/ revisions, together with any
additional material specification /s\ or later revision (s) included
herein shall be applicable.
(| ) (Dated April |R/ 1972)
4-18-72
' CITY OF FORT WORTH WATER DEPARTMENT
SECTION E | - MATERIAL SPECIFICATIONS
E 1 -13 PAVING MATERIALS
E 1 -13. 1 DESCRIPTION: Paving materials shall consist of those required for
the pavement surface and for the pavement base.
E 1 -13.2 PAVEMENT SURFACE MATERIAL: All materials used in replacing street
pavement, curb and gutter, sidewalks, and driveway approaches shall conform
to the requirements set forth in the current revisions of the following City
of Fort Worth Public Works Specification Items:
a. No. 310 ''Triple Asphalt Surface Treatment/'
b. Nu. 312 //Hot Mix Asphaltic Concrete"
C. No. 314 "Concrete Pavement//
d. No. 502 //Curb and Gutter//
e, Nn. 504 //Concrete Sidewalks and Driveway Approaches//
1 -13.3 : All materials used in replacement of founda-
tion course and base for pavement shall comply with the requirements set forth
in the current revisions of the following City of Fort Worth Public Works
Specification Items:
a. No. 206 "Gravel ''*
. b. No. 288 "Flexible Base (Crushed Limestone)"
c. No. 214 ''Soil -Cement Base Course (Portland Cement)"
d. No. 314 "Concrete Base''
All foundation course materials for replacement of sidewalk and driveway
approaches shall conform to the requirements of Item No. 504, with the
exception that the sand cushion called for shall be two inches (2//) thick.
Foundation materials for replacement of curb, gutter, or a combination
thereof shall conform to Item No. 206*.
Unless otherwise specified, gravel base for use under penetration pavement
shall meet the requirements for /7ype'A 8ackfi ) ln having a minimum P. | .,
reference Paragraph E 1 ~2.4, 1 ,a.' or crushed limestone conforming to Section
E 1 -36 of these specifications.
All concrete base materials for replacement shall meet the requirements of
Item 314, with the exception that the concrete shall be reinforced in accord-
ance with the requirements contained in Construction Standard E 2-13,
*Materials meeting requirements of Type A Backf / l | having a min. P. I . of
4 as set forth in these specifications will be considered to be an accept-
able alternate.
END OF ITEM
,
4 E | ~i3 /l \
-|U-�2 ` '
SECTION E - 2 CONSTRUCTION SPECIFICATIONS
Construction methods and procedures for use on this project shall conform
to SECTION E-2 of the Fort Worth Water Department General Contract Docu-
ments and General Specifications with January 1, 1972, revisions, together
with any additional Construction Specification(s) or later revision (s)
included herein shall be applicable.
1 -1-72
CERTIFICATE OF INSURANCE
' TO: DATE July 25 1972
CITY OF FORT WORTH, TEXAS PROJECT N0. I06-I3000-5772
TYPE OF PROJECT Water and Sewer
La Valle Grande
THIS IS T0 CERTIFY THAT Glade, Inc., P. O" Box II370, Fort Worth, Texas 76I09
(Name and Address Of Insured)
is, at the data of this certificate,, insured by this Company with respect to the
business operations hereinafter de5cri6ad, for the type of insurance and in accord-
ance with the provisions of the standard policies used by this Company, and further
hereinafter described. Exceptions to standard policy noted on reverse side hereof.
INSURANCE TYPE OF
Policy f of
Workman 's Compensation RJ 12576 1-28-72 1-28-/j Statutory_
RlCC 487128 1-28-72 1-28-73 1 Person $ 100,000
Contingent RlCC 487128 1-28-72 1-28-73 1 Person $ 100,000
,Liability I Accident $ 300,000
Collapse of Bldgs. or RlCC 487128 1-28-72 1-28-73 1 Accident 100,000
Structures Adjacent Aggregate 100,000
to Excavation
Damage to Underground RlCC 487128 1-28-72 1-28-73 1 Accident 100,000
Utilities Agp-rep-ate 100,000 '
Builder ' s Risk
Automobile I CC, 487129 1 -28-72 1-28-73 "RT I Person 100,000
I Accident 300,000
PD 1 Accident 50,000
The Foregoing Policies /6o not) cover all sub-contractors.
Locations Covered: State of Texas
Description of Operations Covered: General Contractiniz
The above policies either in the body thereof or by appropriate endorsement provide
that they may not be changed or cancelled by the Insurer in less than five /5\ days
after the Insured has received written notice of such change/or cancel |ation.
Where applicable local laws or regulations require more than five (5) days actual
notice of change or cancellation to be assured/ the above policies contain such special
requirements, either in the body thereof or by appropriate endorsement thereto attached.
Agency Jones - Lawrence, Highfill & Terry UNITED STATES FIDELITY AND GUARANTY COMPANY
Fort Worth Agent 1010 Continental Life Bldg. BY 26
Address
2-8-68
. PART F - PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT Y
'
KNOW ALL MEN BY THESE PRESENTS: That we (7 ) Glade, Inc
(2) of F6rt Worth , Texas
a corporation organized and
existing under the laws of the State of Maryl�and and fully authorized
to transact business in the State of Texas as Surety, are held and firmly bound
unto the City of Fort Worth, a municipal corpora� ior: organized and existing under
the laws of the State of Texas, hereinafter called Owner, in the penal sum of
($ 77,768.36 ) 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
to be made, we hereby bind ourselves, our heirs, executors, administrators and
succossors/ jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Princ| enterad
into o certain contract with the City of Fort Worth, the Owner, da�a ���.
a copy of which is hereto attached and made a part hereof, for the construct}on of:
designated as Project Number
a copy of which contract is hereto attached, referred to, and made a part hereof as
fully amd to the same extent as if copied at length herehn/ such project and
con-struction being hereinafter referred to as the /\vork//,
NOW, THEREFORE, if the Principal shall well , truly and faithfully perform the
work in accordance with the plans, specifications and contract documents during the
original term thereof, and any extensions thereof which may be granted by t6e Owner
with or without notice to the Surety' and if he shall satisfy all claims and demands
incurred under such contract/ including the payment of all amounts owed by the PrVnr�Ral
to persons who furnished labor, materials or services on the Project, regardless of
whether mechanics' or moterialmen / s liens could be filed to secure same, and if the
Principal shall fully indemnify and save harmless the Owner from all costs and damages
which it may suffer by reason of failure to dm so, and shall reimburse and repay tbe
Owner all outlay and expense which the owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and effect .
PR0V |DED FURTHER/ that if any |ogal act |on be filed upon this bond, venue
shall lie in Tarrant County, State of Texas.
AND PROVIDED FURTHER, that the said Surety, for value received hereby stipu-
lates and agrees that no change, extension of time/ alterations or additions to the
terms of the contract or to the work to be performed thereunder or the specifica-
tions accompanying the same shall in any wise affect its obligation on this bond,
and it does hereby waive notice of any change/ extension of time, alteration or
addition to the terms of the contract or to the work or to the specifications.
F-|
^
8-l -70
IN WITNESS WHEREOF, this instrument is executed i four counterparts each
one of which shall be deemed an original dated
4t
KK
, ntip
ATTEST: By
(Principal ) Secretary
(SEAL) P. 0. Box 11370
FeRT �s ORTH TcvAS 791 09
ITQt�'1""t7'vTrr'r.� ra' T�-�----
Address
Witness a s to Principal �-
(Address)
UNOTED STATES FIDELITY AND GUARANTY COMPANY
Surety
ATTEST °
By
o
Attorney- in-Fact (5
F
f,�
� ,,.tr � . . Calvert and Redwood Streets
S u r e t A-A-u-creva-ryi r .. ....�.._.___
Faltknore, Maryland
(Address)
(SEAL)
Witness as to Surety
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
$-1 -70 F-2
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARR8NT l
KNOW ALL MEN BY THESE PRESENTS: That we (l \ Glade, Inc.
hereinafter called Principal , and (3) United States FiL�itv ;;nd f,iorAnt)z row any
zp
a corporation organized and
existing under the laws of the State of Ma ry I aLj� and fully authorized
to transact business in the State of Texas, as Surety, are �—eld and firmly bound
unto the City of Fort Worth, a municipal corporation organized and existing under
the laws of the State of Texas/ hereinafter called 0wnmr/ and unto all persons,
firms and corporations who may furnish materials for, or perform lab h
building or improvement hereinafter referred to in the penal sum of
Seventy—Seven Seventy-Seven thousand seven hundred sixty-eight
($ 77,768-36 —) 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 mode/ we bind ourselves, our hairs, executors/ administrators and
successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas/ the Principal entered
into a certain contract with the City of Fort Worth, the Owner, dated
a copy of which is hereto attached and made a part hereof, for the construction of:
Water
designated as Project Number 109-15000-4532
' a copy of which contract is hereto attached, referred to, and made a part hereof
as fully and to the same extent as if copies at length herein, such project and
construction being hereinafter referred to as the ''work''.
NOW THEREFORE/ the condition of this obligation is such that, if the Principal
shall promptly make payment to all claimants as defined in Article 5160, Revised
Civil Statutes of Texas/ 1925/ as amended by House Bill 34.4/ Acts 56th Legislature,
Regular Session, 1959, effective April 27/ 1959/ supplying labor and materials
in the prosecution of the work provided for in said Contract/ than this o6) |gat /oh
shall be null and void, otherwise it shall remain in full force and effect.
This bond is made and entered into solely for the protection of all claimants
supplying labor and material in the prosecution of the work provided for in said
Contract, as claimants are defined in said Article 5160/ and all such claimants
shall have a direct right of action under the bond as provided in Article 5160'
Kmiv/sed Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature,
Regular Session, 7954.
'
F-3
8-| -70
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue
shall lie in Tarrant County, State of Texas, and that the said surety/ for value
received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work to be per-
formed thereunder or the spec|f /cat ions accompanying the same shal ) in any wise
affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or a66[t |mn to the terms of the contract
or to the work or to the specifications.
PROVIDED FURTHER, that no final settlement between the owner and the Con-
tractor shall abridge the right of any beneficiary hereunder whose claim may be
unsatisfied.
IN WITNESS WHEREOF, this instrument is exacutmd-|n four counterparts,
each
one of which shall be deemed an original ' dated .
�� INC,�� N �N�^ NU�U��.
Principal (4)
m�������~==� �~ ~ ~-
ATTEST-
(Principal )
(SEAL)
Witness as to Principal
W
ATTEST:
FORT W�fHl
UNITED STATES FIDELITY COMPANY
Surety
k_ (+". ctr)
B
(SEAL) � �
Note: Date of Bond must not be prior to date of Contract
(l ) Correct name of Contractor
(2) A Corporation, a Partnership or an individual , as case may be
(3) Correct name of Surety
` if Contract is Partnership, all partners should execute bond
(5) A true copy of Power of Attorney shall be attached to bond by
Attorney-in-Fact.
^ 8-1 -70 F-4
(CERTIFIED COPY)
GENERAL POWER OF ATTORNEY
Know all Ron by these Presents
That UNITED STVrES FIDELITY AND GUARANTY COMPANY, a corporation org4nized'and existing under the laws of the
Stal!r,,t of Maryland, and having its principal of at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
William B. Chappell
of the City of Fort Worth ,State of Texas
its Inje,and lawful attorney in and for the State of Texas
for the following purposes,to wit,
To sign its name as surety to, and to execute, seal and acknowledge an), and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
CA)NIVANY, a certified on" of wbich is hereto annexed and made a part of this Power of Attorney, and the said UNITED STATES
VID14.11TY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said
William B. Chappell
nuty)awfully,,d*in then premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to he
atalid with'iw-eAuporate wal, duty attested by the, signatures of Its Vice-President and Assistant Secretary,this 6th day Of
August A. D. 1956
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By §iR*th.. ......
SM)
(Signed) E. W'. Buffington
.............
Assistant Secretary,
STATE OF MARYLAND,
BALTIMORE CITY,
Oft this 6th day of August A. D. 1956, before me pamally, osme
L. M. Smith ,Vice-Posudent of the UNITED STATES FIDELITY AND GUARANTY
(',0MPXNY and E. W. Buffington ,Assistant Secretary of said Company,with both of
Whom I arn persanally acquainted, who bolu, by me severally duly sworn, said that they resided in the City of Baltimore, Maryland;
dust they, the said L. M. Smit% and E. W. Buffington wore respectively
the Vim-41'resident and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the or.
fwration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of Attorney was such aorporate ft-At, that it was so fixed by order of the Board of Directors of said torpor n.
tion, and that they signed their names thereto by like orderoa Vipe-P" dent pd eye AS. ly, of the Company.
lt
My conunission expires the first ftngay n eye 0"tive
(SEAL) (Signed) ........Nast
.......N a.a..C.. Zi mmer.man............
. . . . ....... ....
Notary Pubn&
STATE OF MARYLAND
RAINIMORE CITY, Set.
I, M. Luther Pittman Clark of the Superior Court of Baltimore City,which Court is a
Court of Record, and has a scal, do hereby certify that Nan C. Zimmerman . Esquire, before
whom the annexed affidavits were made, and who has thereto subwribed his van, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, dully commissioned and sworn and authorized by law to administer oaths and take
acknow1migments, or proof of deeds to be recorded then ralu. I further cortify that I am acquainted with the handwriting of the said
Notary,and verily believe the signature to be his genuine signature.
In Testimon Whereof, I hereto set my hand and affix the seal of tho Superior Court of Baltimore FV,the same being a CmArt
of 11toord,this Ith day of August , A. D. 19
X. Pittman
(SEAL) (Signed) .........Luther..............—..................
Clerk of the Superior Court of Baltimore rity.
k$ 3 (0-07)
MAINTENANCE BOND
THE STATE OF TEXAS
[QUmry OF TAKRANT X
KNOW ALL MEN BY THESE PRESENTS� That
as Principal , acting herei� by and through J. H. TADLOCK
authorized
Company
a corporation organized anJ rxist;nq under the laws of the State of
Maryland and fully authorized to du business in tho
State of Texas, as Surety' are hold and firmly bound unto the City of Fort �urth
a home-rule municipal corporation in Tarrant County, Texas, in the penal sum of
in lawful money of the United
States, to be paid Tn County, Texas, for the payment of �,,Jiiclh
sum well and truly to be made unto said City of Fort Worth, its successors or
assigns' said Principal and Surety do hereby bind themselves, their hairs, executors,
administrators' successors and assigns, jointly and severally,
THE CONDITION OF THIS OBUGATU@Nx hmwever' is such that:
WHEREAS, the Princi o has entered [nt a certain contract with the City of
Fort Worth, dated pa�"JI. for the performance of thm fO I \ �wimg
described public work and the construction of the following described public
[mprovenmnLs:
^
all of same being referred to bere�n and �n said contract as the Work and b�|ng
designated as Project No- 10
and said contract, including all of the specifications, conditions and wr � Lten
instruments referred to therein as contract 6ocuments being hereby incmrPora�'ed
herein by reference for all purposes and made a part hereof, the same as if set
out verbatim herein; and,
11HERE�_, in sai6 cmntract the Pr7oc i pa 6inds |tself to use such marCr /a| ,
and wur� � �|p in the performance of sa�d work that |t w| | l remain /n good 'u� r
` ( cond/c |on at )east fnr the per}m6 of one year after the date of flna I ept-
dnce of said work by the City; arid,
WHEREAS, in said contract the PriocipM binds itself to maintain sand work,
and improvements in good repair and condition for said period after the date of
the final acceptance of the work, by the City` furnishing a\ \ materials,
mont, labor, supervision and overhead necessary therefor at its own expense,, and,
WHEREAS, in said contract the Principi-fl binds itself to repair or re(, or1-
struct said work or improvements in whole or in part at any time within said
period after the date of the final acceptance of the work by the City, if in the
opinion of the Director of the Water Depertmp.nt of the City of Fort Wmr0 h it �e
necessary so to do in order to effectuate the intent of the contract; am6,
WHEREAS, in said contract and by the execution of this bond the Principal
. and Surety covenant and agrue that ne �1her any action by or on behalf of the LJty
in accepting said work or improwemerts nor the flnal certificate of payrnewt n�r any
';?~ 1~7O F5
,
provision in the contract documents nor any occupancy/ partial or entire, of the
premises by or on behalf of the City nor any payment made by City pursuant to the
contract shall be deemed an acceptance of work that is not done in accordance with
the contract nor relieve the Principal or Surety for liability in respect to any
failure to perform the work or construct the improvements in accordance with such
contract or for faulty materials or workmanship or for the violation of any ex-
pressed or implied warranties; and,
WHEREAS, all parties covenant and agree that if any legal action be filed
upon this bond, venue shall lie in Tarrant County, Texas ; and,
WHEREAS, for value received, Surety hereby covenants, stipulated and agrees
that no change, extension of time, alterations or additions to the terms of the
contract or to the work to be performed thereof or the specifications accompany-
ing the same shall in any manner effect the obligation of the Surety on this
bond, and Surety does hereby waive notice of any such change, extension of time,
alterations or additions to the terms of the contract or to the work or to the
specifications;
NOW THEREFORE, if said Principal shall fully keep, perform and comply with
its obligations under said contract and in particular its said agreement to main-
tain, repair or reconstruct said public work or improvements in accordance with
all the terms and conditions of said contract' these presents shall be null and
vu/6'. otherwise this bond shall be and remain in full force and effect and the
City of Fort Worth shall have and recover from the said Principal and Surety
. damages as prescribed by said contract and the applicable law. This' obligation
shall be a continuing one/ and successive recoveries may be had hereon for suc-
cessive breaches until the full amount hereof is exhausted,
'
IN WITNESS WHEREOF this instrument is executed s, each
one of which shall be deemed an original , dated
~
- �� �����w
'� � k��� ~
�~ ~ .~~
ATTEST: B
(SEAL)
P' (}, BOX 11370
Witness as to Principal
"
8-1 -70 F-6
`
UNITED S 0A�TES F PANy
Surety
By
Attorney-in-Fact (5)
Calvert and Redwood Streets
Baltimore, Maryland
(SEAL)
7W�—tness as to Suref�
Note: Date of Bond must not be prior to date of contract
()\ Correct name of Contractor
2) A Corporation, a Partnership or an in6|v|6ua) , as case may be
]) Correct name of Surety
If Contractor is Partnersh(p/ all partners should execute bond.
(5) A true copy of power of Attorney 'shall be attached to bond by
Attorney-in-Fact.
^
' 8-1 -70 F-7
PART G - CONTRACT
STATE OF TEXAS
COUNTY OF TARRANT
THIS CONTRACT , made and entered into li"_9721
' by and between the City of Fort Worth,
Texas, of the County of Tarrant and State of Texas, acting through its City
Manager thereunto duly authorized so to do, Party of the First Part, herein-
after termed OWNER, and Glade, Inc
OF THE City of Fort Worth County of Tarrant
and State of Texas Party of the Second Part, hereinafter
termed CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agree-
ments hereinafter mentioned, to be made and performed by the Party of the
First Part (Owner) and under the conditions expressed In the bond bearing
even date herewith, and 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:
Water and sewer lines a•�d services in La Valle Grande Addition
Project number 109-15000-4532 and 106-13000-5772
and all extra work connected therewith, under the terms as stated In the
Contract Documents, and at his (their) own proper cost and expense to
furnish all the materials, supplies, machinery, equipment, tools, superin-
tendence, labor, 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 explanatory matter thereof, and the
specifications thereof, as prepared by the Engineers employed by the Owner,
each of which has been identified by the endorsement of the Contractor
and the Engineers thereon, together with the Contractor's Written Proposal
and the other part of the Contract Documants hereto attached, Including the
Fort Worth Water Department General Contract Documents and General 'Speci-
fications with && 1. 2rev i s I ons, a l l of which are made a part hereof
and collectively evidence and constitute the entire contract.
The Contractor hereby agrees to commence work within ton (10) days
after the date written notice to do so shall have been given to him, and
to substantially complete same within the time stated In the Proposal .
The Owner agrees to pay the Contractor In current funds for the per-
formance of the contract in accordance with the Proposal submitted therefor,
subject to additions and deductions, as provided In the Contract Documents
and all approved modifications thereof, and to make payment on account thereof
as provided therein.
7 -1-71 G 1
IN WITNESS WHEREOF, the Parties to these presents have executed this
Contract in quadruplicate in the year and day first above written.
ATTEST: City of Fort Worths Texas (Owner)
Party of the First Part
By . �
R. N. LIN
City Manager
s
ROY �A B � MAN
Cit� Sec tary-Treasurer
(SEAL)
WITNESSES- G D ` a INC.
;
By
Approved for For orth City Water Department
AK 00C Lr
J . I SON
Director
Approved as to Form and Legality
S . G. JOHNDROE, JR.
City Attorney
7-1 -71 G-2 60200
City of Fort Werth, Texas
Ad Ayor and Council Communication
DATE REFERENCE an4naa tn'; Mar off Contract — Construction PAGE
. :
t4UMOER m�,n tt
I �f ,—22 Water anw Sanitary ewer Fac liti
7/31/72 t Serve La Valle e G ande iti
Council action on the project described elow is requested.
1121=021,1011an CITY,
Nature of work: Construction of 7 feet of 12-inn h �� 8-inch,
and 1,380 feet of 6 nch Batman ma ins and appurtenances; and
feet of 6—inch and 1,160 feet of 8-inch sanitary
sewer mains and appurtenances to serve a proposed new de-
velopment in atcor ance aaith the terms of Community ty "aril,-,
n~tl.aw s Agreenwnt #7057, approved on February 14, 1972,
(tl&C C-2164) and amended June 1., 1972, wC C-2248).
Area to be sanwnan LaVal l as Grande Addition
Date bads received: na lyW 13, 197
AMeMn1_2f Bif Time for g2MRIttion.
Glade, Inc. $77,768.36 55 work n ways
Shaw Construction Company 77,799.45 60 working in°n nays
Allison & Henry C",ones to na t ion Co. 80,118.46 60 working plays
L. D. Conaatser, Contractors 81,257.40 65 working ing plays
Steed Construction Company ,50 . 0 working days
Lewis & Lewis, Inc. „ ,y .' .7 90 working play s
As provided in the Community Facilities Agreement, the project cost will be
apportioned 'between the City and the Developer as follows:
t:a,aa 2091220-92A '»i.t. t'a an ti
Water Facilities $27,609.92 t 8,872. 8 1..) $36,482.40
Water ervices 1 �
Sub-Totals, Water Only J S 0204240
Sanitary,' ew,aan Facilities 18,726.67 (2) 3,479.29 22, t. .
Sanitary Sewer Services W -
Sub-Totals, Sanitary Sewer Only J ,kn46a,6 7 1123Q0,115,9
naval Totals
Includes extra cost to tarty for 700 feet: i; 12-inch to lieu of " main.
2 Includes 100% payment by developer of °aloca;t.ion of existing 8-inch sanni-,
tanryr sewer.
a
M CATE, REFERIJINCE ummen Award of Contract - Construction PAGE
Grande Addition
NUMSFOR 11if water and Sanitary w er Facilities
The City's cost will be paid from funds provided as part of the CamulunitY
Facilities Agreement Nt. a a'f on February 14, 1972 ( C-21 6 as f a:
Account No. 106-13000-577
"Sanitary Sewers - La Valle Grande'' 4,100
Account fro. 109-15000-45
"Water .a Valle Grande'' 8,7
as supplemented by a bond fund transfer from Account Pa. 9 f 500 1,
"Unspecified Miscellaneous ate 'tfaf ng", to Account too. 109-15000-453, "Water
„
LAValle Grande" of $200.00.
Ate ,N� to N a f: 7t
It is recommended that:
1) A bond fund transfer be approved in the amount of $200 from Account
No. 109-15000-901, "Unspecified Miscellaneous Water MAins," to
Account k . 109-15000-453, "Water - La Valle G a Ka , and
A',' A contract f a awar'ded to Glade, Inc. , on the low bid of $77,768.36
for ;onstru t io Qatar and sanitary sewer :aci ties to ;serve
La Valle Grande Addition.
ftNL: g
SUMTTED BY: DISPOSITION SY COUNCIL PROCESSED By
,w.,. .,. ,..H ._ ._. ....._.. .......m.._. _.
tt aPwa ` D 0 OTHER tERNaat CITY SECRETARY
DATE
CITY MANUN SE
City of Fort Worth, Texas
Mayor and Council Communication.
I�T=1r ,0:II �,Mr r o�v em een nt P ro�g9 x anl
,DKE T, _ GE
N
9(5 7 3 FP-971 Area Echo, Phase IV I of
..........
Final Council action on the project described below is requested.
Project_
Name: Neighborhood Improvement Progran, Area
Echo, Phase IV, Project 061-21304-4553
Contractor: Austin Had Company
Contract Awarded: July 31, 1972 W&C 02290)
Work Order Issued: October 16, 1972
or Order Effective: October 30, 1972
Work Began: October 5, 1972
Date of Final Inspection
and Approval: July 20, 1973
Working Time Bid: 120 Working Days
Wbrking Time Used: 106 Working Days
Zpjtc; can and Financla
Ln
Original Bid Price: $440,554.35
Final Contract Cost: $368,568.34
Partial Payments Pre-
viously Made: 9, Amount : $330,034.14
Final Payment Due: $38,53400
Sufficient funds are available for the final payment to be made from
Project Number 061-21304-4553.
Deviation from Bid Price: This project being a reconstruction type
project, where many items are to be repaired or partially salvaged,
inherently has a chance of many unforeseen circumstances during con-
struction, Some items are unforeseen and unexpected until discovered
during construction, Some items are known to be needed but the quan-
tity is unknown and is estimated until such time during construction
that such items are uncovered or exposed and the exact extent of
work concerning that item of construction is detexmined. During
design these items are estimated, and the final payment is based on
final quantities actually constructed.
The in cost of this project is $71,986.01 under the bid price.
The major savings resulted from actual quantities being less than
estimated as follows:
1) Less utility adjustments $13,018.13
2) Less concrete base repair 17,S32.18
3) Less lime stabilization 5 ,035.48
4) Less 6" subdrain pipe 12,890.00
5) Less hot mix asphalt concrete 20,312.88
6) Other miscellaneous item s
_12 1t 9 7.3A
$71,986.01.
CRATE REFERENCE SUBJECT., "drial Pa � —^ PAGE
PAGE
NUMBER eigt°o C' d Improvement ent Program,
/ 971 Area Echo, Phase IV
Tests tEs inad ^ dtiring construction show that materials used and required
thicknesses were in compliance with contract specifications.
Recommendation
It is recommended that t the project described be accepted the adop-
tion of TS ordinance nano TSd that final payment $38,534.20 be made to
Austin, Road Company.
•bmc
SUBMITTED BY: DISPOSITION BY COUNCIL PROCESSED BY
0 APPROVED C I OTHER ( E"CRPoBE)
CITY SECRETARY
. .... „ �....� w. ....wwa_..„,,.,._....._.................. ___
... A 4 E .m� ..
_............_......._. . ,...—
CITY MANAGER �w.�....._...��.,,�..��....�....