HomeMy WebLinkAboutContract 26087 • CITY SECRETARY
SPECIFICATIONS D.O.E. FILE 201
AND CONTRACTOR'S BONDING CO.
M ' CONTRACT DOCUMEN'�'SONSTRUCTION'S COPY
FOR CLIENT DEPARTMENT
MAIN 36S, 166, 195AI & 195AII
DRAINAGE AREA SANITARY SEWER SYSTEM
h REHABILITATION AND EVIPROVEMENTS
(GROUP 3, CONTRACT 5) CITY SECRETARY
PART 5: UNITS 1, 2 & 3 CONTRACT NO.
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UNIT 1: L-3389, L-863, 1,-4348, L-4349
• D.O.E. PROJ. NOS. - UNIT 1: 2655, UNIT 2: 2656, UNIT 3: 2657
SEWER PROD. NO. PS46-070460410130
CITY OF FORT WORTH, TEXAS
2000
KENNETH BARR BOB TERRELL
I
MAYOR CITY MANAGER
DALE FISSELER, P.E.
DIRECTOR, WATER DEPARTMENT
HUGO A. MALANGA, P.E.
DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT.
` A. DOUGLAS RADEMAKER, P.E.
DIRECTOR, DEPARTMENT OF ENGINEERIN
OFFICIAL
PREPARED BY cIrf*'vW ff
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pr TEAGUE NALL AND PERKINS j Ty 1-HLTQN
ENGINEERS• SURVEYORS / • t . . , r
MUNICIPAL CONSULTANTS ���'•, 80209 '
915 Florence Street
Fort Worth,TX 76 i 02
(817)336-5773
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City of Fort Worth, Texas
MDaffor and Council communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/18/00 **C-18139 1 30KEY 1 of 2
SUBJECT AWARD OF CONTRACT TO M.E. BURNS CONSTRUCTION, INC. FOR MAINS 36S,
166, 195AI AND 195AI1 DRAINAGE AREA SANITARY SEWER SYSTEM
REHABILITATION AND IMPROVEMENTS GROUP 3, CONTRACT 5 PART 5, UNIT 1
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with M.E.
Burns Construction, Inc. in the amount of$178,446.80 for Mains 36S, 166, 195AI and 195AI1 Drainage
Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 5) Part 5, Unit 1.
DISCUSSION:
On February 10, 1998 (M&C C-16583), the City Council authorized the City Manager to execute an
engineering agreement with Teague Nall and Perkins, Inc. to prepare plans and specifications for the
reduction of inflow/infiltration in the sanitary sewer Mains 36S, 166, 195AI and 195AI1 drainage areas.
The project is part of the City's Integrated Wet Weather Wastewater Management Program to comply
with an administrative order from the U.S. Environmental Protection Agency to eliminate sewer
overflows from the City's wastewater collection system.
The project consists primarily of the replacement of the following sanitary sewer laterals:
L-863 Beginning from a point located 150 feet south of the Mulkey
Street/New York Avenue intersection then westerly 1300 feet to
Interstate 1-35W service road.
L-3389 Beginning from a point located 150 feet south of the Mississippi
Avenue/Berry Street intersection, southerly 200 feet along Mississippi
Avenue, then westerly 150 feet.
L-4348/L-4349 Beginning from a point located 300 feet east of the Blodgett
Avenue/McClure Street intersection, easterly 300 feet along Blodgett
Avenue, northerly 300 feet, then westerly 200 feet along Foss Avenue.
The proposed improvements consists of the replacement of approximately 2,600 linear feet of 8-inch
sewer pipe.
The project is located in COUNCIL DISTRICT 8, Mapsco 77U and Y and 91 F.
City of Fort Worth, Texas
4vagor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
7/18/00 **C-18139 30KEY 2 of 2
SUBJECT AWARD OF CONTRACT TO M.E. BURNS CONSTRUCTION, INC. FOR MAINS 36S,
166, 195AI AND 195AII DRAINAGE AREA SANITARY SEWER SYSTEM
REHABILITATION AND IMPROVEMENTS GROUP 3, CONTRACT 5 PART 5, UNIT 1
The project was advertised for bid April 6 and 13, 2000. On May 11, 2000, the following bids were
received:
BIDDER AMOUNT TIME OF COMPLETION
M.E. Burns Construction. Inc. $178,446.80 90 Calendar Days
Conatser Construction, Inc. 189,860.00
Cleburne Utility Construction, Inc. 191,575.00
Tri-Tech Construction, Inc. 196,041.00
Davila Construction, Inc. 199,476.00
William J. Schultz, Inc. d/b/a
Circle "C" Construction Company 213,075.00
Southern Paradise Construction Company 221,170.00
Hall-Albert Construction Company 222,327.50
Stocker Enterprises, Inc. 225,365.00
Burleson Utilities, Inc. 243,542.75
Whizcon Utilities, Inc. 244,430.00
Mid-State Utilities, Inc. 250,454.00
Kebo Services, Inc. 251,067.00
In addition to the contract cost, $13,000.00 is required for inspection and survey and $9,000.00 is
provided for project contingencies.
M.E. Burns Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 12%
M/V1BE participation. The City's goal on this project is 12%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the State Revolving Fund-Sewer.
MG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
CITY COUNCIL
Originating Department Head:
A.Douglas Rademaker 6157 (from) JUL 18 2000
PE42 541200 070420418150 $178,446.80 }�
Additional Information Contact: ��`*4--u
City Secretary of the
city of fort Worth,Texas
A.Douglas Rademaker 6157
City of Fort Worth
Water Department
Addendum No. 1
To The Specifications And Contract Documents
for
MAIN 36S, 166, 195AI & 195AII
DRAINAGE AREA REHABILITATION AND
SEWER SYSTEM IMPROVEMENTS
(GROUP 3, CONTRACT 5)
PART 5: UNITS 1, 2 & 3
D.O.E. PROJECT NOS. - UNIT 1: 2655, UNIT 2: 2656, UNIT 3: 2657
SEWER PROJECT NO. PS46-07046041 0130
Bid Receipt Date: May 11, 2000
Addendum Issue Date: April 24, 2000
The following information shall constitute Addendum No. 1 to the Contract Documents as
identified above. This Addendum must be properly acknowledged by the Bidder by signing in
the space provided in the proposal submitted for bid opening. Failure to indicate receipt of this
Addendum shall be grounds for rendering the bid non-responsive. This Addendum is part of the
Contract Documents and will be bound into the executed contracts. The following information
shall supersede any and all conflicting written or verbal information previously provided:
1. PART A: Notice to Bidders
The Notice to Bidders and Comprehensive Notice to Bidders is revised as follows to
clarify the bid opening date for the project:
Sealed proposals for the project addressed to Mr. Bob Terrell, City Manager of the City
of Fort Worth, Texas will be received at the Purchasing Office until 1:30 P.M.,
Thursday, May 11, 2000, and then publicly opened and read aloud at 2:00 P.M. in the
Council Chambers.
2. PART B: Proposal for Unit 2
Repiac;e page B2-i of the Unit 2 Proposai with the attached page 62-1. The description
for Bid Item #1 was changed to clarify that the 6" Sanitary Sewer quantity was for
point repairs at two locations.
3. PART B: Proposal for Unit 3
Replace page 63-1 of the Unit 3 Proposal with the attached page 133-1 . Bid Item #1
was deleted. Bid Item #1 a and Bid Item #1b were added. The purpose of the changes
is to separate the Point Repairs from the other sanitary sewer line replacement work.
Please acknowledge receipt of Addendum No. 1 by placing a signed copy of same into your
proposal at the time of bidding.
RECEIPT ACKNOWLEDGED: APPROVED:
Department 6T E gineenng
A. Douglas Rademaker, Director
Addendum No. I
PROPOSAL
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
Main 365, 166, 195AI & 195AII
Drainage Area Rehabilitation and
Sanitary Sewer System Improvements
(Group 3, Contract 5) Part 5
SEWER PROJ. NO. PS46-070460410130
UNIT 3 (D.O.E. No. 2657): M-200, L-4178, L-4179, L-4632, L-4632"A@
Pursumlt to the foregoing "Notice to Bidders", the undersigned bidder has thoroughly examined the
Contract Documents, including Plans, Special Contract Documents, the General Contract
Documents, and General Specifications for Water Department Projects, and the site of the project,
understands the amount of work to be done, and hereby proposes to do all the work, furnish all
labor, equipment and materials necessary to fully complete all the work as provided in the plans and
specifications, and subject to the inspection and approval of the Engineering Department Director of
the City of Fort Worth, Texas. The contractor must be pre-qualified in accordance with the Water
Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the City
Council, the bidder is bound to execute a contract and furnish an approved Performance Bond,
Payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort
Worth for the performing and completing of said work within the time stated and for the following
sums, to wit:
UMT3
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
la. 40 L.F. 6-inch D.I. Pipe, C1.51, Point Repair,
All Depths, One Location (see Plan
Sheet 33); Per Linear Foot
Dollars
Cents $ $
lb. 40 L.F. 8-inch Sanitary Sewer Point Repair,
All Depths, One Location (see Plan
Sheet 33); Per Linear Foot
Dollars
Cents $ $
*Contractor must complete a City Approved Product form on Page 133-8.
B3-1
a
SPECIFICATIONS
AND
CONTRACT DOCUMENTS
FOR
MAIN 36S, 166, 195AI & 195AH
DRAINAGE AREA SANITARY SEWER SYSTEM
REHABILITATION AND IMPROVEMENTS
(GROUP 3, CONTRACT 5)
PART 5: UNITS 1, 2 & 3
UNIT 1: L-3389, L-863, L-4348, L-4349
UNIT 2: L-4342, L-6227, L-6228, L-3767, L-3768, L-5702
UNIT 3: M-200, L-4178, L-4179, L-4632, L-4632 "A"
D.O.E. PROD. NOS. - UNIT 1: 2655, UNIT 2: 2656, UNIT 3: 2657
SEWER PROD. NO. PS46-070460410130
CITY OF FORT WORTH, TEXAS
2000
KENNETH BARR BOB TERRELL
MAYOR CITY MANAGER
DALE FISSELER, P.E.
DIRECTOR, WATER DEPARTMENT
HUGO A. MALANGA, P.E.
DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT.
A. DOUGLAS RADEMAKER, P.E.
DIRECTOR, DEPARTMENT OF ENGINEERING
PREPARED BY
Njo
TEAGUE NALL AND PERKINS
ENGINEERS• SURVEYORS
MUNICIPAL CONSULTANTS
915 Florence Street
Fort Worth,TX 76102
(817)336-5773
TABLE OF CONTENTS
PART A Notice to Bidders
Comprehensive Notice to Bidders
Special Instructions to Bidders
PART B Proposal
Unit 1
• Minority and Women Business Enterprise Specifications
• Proposal
• City Approved Product Form
Unit 2
• Minority and Women Business Enterprise Specifications
4 Proposal
4 City Approved Product and Method Form
Unit 3
• Minority and Women Business Enterprise Specifications
• Proposal
4 City Approved Product and Method Form
Bid Summary
PART C General Conditions
PART C1 Supplementary Conditions
PART D Special Conditions
PART DA Additional Special Conditions
Details
PART E Specifications
PART F Certificate of Insurance
Contractor Compliance with Worker's Compensation Law
Bonds
4 Performance Bond
4 Payment Bond
• Maintenance Bond
PART G Contract
APPENDIX A SRF Requirements
APPENDIX B Easement Documents
APPENDIX C Railroad Permit
Notice to Bidders
Sealed Proposals for the following:
Main 36S, 166, 195AI & 195AII
Drainage Area Rehabilitation and
Sewer System Improvements (Group 3, Contract 5)
Part 5: Units 1, 2 & 3
D.O.E. Nos. 2655, 2656 & 2657
UNIT 1
2,158 L.F. 8" Sanitary Sewer Pipe by Open Cut
372 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
UNIT 2
1,835 L.F. 8" Sanitary Sewer Pipe by Open Cut
743 L.F. 8" Sanitary Sewer Pipe by Pipe Enlargement
187 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
UNIT 3
3,526 L.F. 8" Sanitary Sewer Pipe by Open Cut
220 L.F. 8" Sanitary Sewer Pipe by Pipe Enlargement
466 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received
at the Purchasing Office until 1:30 P.M., Thursday, May 4, 2000, and then publicly opened
and read aloud at 2:00 P.M. in the Council Chambers. Plans for this project may be obtained
at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton
Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of
$50.00. A pre-bid conference will not be held.
For additional information concerning this project, please contact Ty Hilton, P.E., at the
offices of Teague Nall and Perkins, Inc., 336-5773 or John Boyer, Project Manager, at the
City of Fort Worth, 332-5474.
Department of Engineering
A. Douglas Rademaker, Director
Advertising Dates:
1 April 6, 2000
April 13, 2000
Comprehensive Notice to Bidders i
Sealed Proposals for the following:
Main 36S, 166, 195AI & 195AII
Drainage Area Rehabilitation and
Sewer System Improvements (Group 3, Contract)
Part 4: Units 1, 2 & 3
D.O.E. Nos. 2655, 2656 & 2657
Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas will be received
at the Purchasing Office until 1:30 P.M., Thursday, May 4, 2000, and then publicly opened
and read aloud at 2:00 P.M. Plans, Specifications and Contract Documents for this project
may be obtained at the office of the Department of Engineering, Municipal Office Building,
1000 Throckmorton Street, Fort Worth, Texas. A fifty dollar ($50.00) deposit is required for
the fust set of documents and additional sets may be purchased on a non-refundable basis for
fifty dollars ($50.00). These documents contain additional information for prospective
bidders.
All bidders will be required to comply with provision 5159a of "Vernon's Annotated Civil
Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City
Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections
13-A-21 through 13-A-29), prohibiting discrimination in employment practices.
No pre-bid conference will be held on this Project.
Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders.
The major work on the above project shall generally consist of the following:
f UNIT 1
2,158 L.F. 8" Sanitary Sewer Pipe by Open Cut
372 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
UNIT 2
1,835 L.F. 8" Sanitary Sewer Pipe by Open Cut
743 L.F. 8" Sanitary Sewer Pipe by Pipe Enlargement
187 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
UNIT 3
3,526 L.F. 8" Sanitary Sewer Pipe by Open Cut
220 L.F. 8" Sanitary Sewer Pipe by Pipe Enlargement
466 L.F. 8" Ductile Iron Sanitary Sewer by Open Cut
t
2
Included in the above will be all other miscellaneous items of construction as outlined in the
Plans and Specifications.
The City reserves the right to reject any and/or all bids and waive any and/or all formalities.
Bidders shall not separate, detach, or remove any portion, segment, or sheets from the contract
document at any time. Bidders must complete the proposal sections and submit the complete
specifications book or face rejection of the bid as non-responsive.
AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days
from the date bids are opened. The award of contract, if made, will be within ninety (90) days
after the opening of bids, but in no case will the award be made until all the necessary
investigations are made as to the responsibility of the bidder to whom it is proposed to award
the contract.
SUBMISSION OF BIDS) AND AWARD OF CONTRACT(S): This document is designed as
Three (3) separate contract documents and shall not be construed as being a single contract.
The proposal sections are provided as Three (3) individual proposals with Three (3) individual
M/WBE specifications and are arranged in units to allow prospective bidders to submit bids on
one unit, some of the units, or all of the units. Award of contract(s), if made, shall be to the
responsive low bidder for each individual unit. If a contractor is the responsive low bidder on
two units or more, a single set of contract documents consisting of all applicable units will be
created and one single award of contract shall be made. The Contractor shall comply with the
City's M/WBE Ordinance on each unit.
Construction time on all units will run concurrently. For situations involving approved
contracts with multiple units, the total allowable construction completion time period for all the
units shall be the same as the unit with the longest construction time period.
Bidders shall not Separate, Detach, Remove any portion, segment(s), or sheet from the
Contract Documents at any time. Bidders must complete the proposal section(s) and submit
the complete Specifications Book or face Rejection of Bid as Non-Responsive.
In accordance with City of Fort Worth Ordinance No. 13471, as amended by Ordinance No.
13781, the City of Fort Worth has goals for the participation of Disadvantaged Enterprise in
City contracts. Copies of the Ordinance can be obtained from the Office of the City Secretary.
The Bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR
WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as
appropriate. The documentation must be received no later than 5:00 p.m. five (5) City
business days after the bid opening date. The bidder shall obtain a receipt from the appropriate
employe, of the managing department to whom delivery was made. Such receipt shall be
evidence that the documentation was received by the City.
Any contract or contracts awarded under the Notice to Bidders are expected to be funded in
part by a loan from the Texas Water Development Board. Neither the State of Texas nor any
of its departments, agencies or employees are, or will be, a party to this Notice to Bidders or
3
any resulting contract. The contract or contracts are subject to regulations contained in 31
TAC, Chapter 363, in effect on the date this contract is executed.
For additional information, contact Ty Hilton, P.E., at the offices of Teague Nall and Perkins,
Inc., 336-5773 or John Boyer, Project Manager, at the City of Fort Worth, 332-5474.
BOB TERRELL GLORIA PEARSON
CITY MANAGER CITY SECRETARY
Department of Engineering
A. Douglas Rademaker Director
Advertising Dates:
April 6, 2000 (6 n�c,
April 13, 2000 Alf Rick Trice, P.E.
Manager, Consultant Services
SPECIAL INSTRUCTIONS TO BIDDERS
(WATER DEPARTMENT)
1. PREOUALIFICATION REQUIREMENT: All contractors submitting bids are required
to be prequalified by the Fort Worth Water Department prior to submitting bids. This
prequalification process will establish a bid limit based on a technical evaluation and
financial analysis of the contractor. It is the bidder's responsibility to submit the following
documentation: a current financial statement, an acceptable experience record, an
acceptable equipment schedule and any other documents the Department may deem
necessary, to the Director of the Water Department at least seven (7) calendar days prior
to the date of the opening of bids.
(a) The financial statement required shall have been prepared by an independent
certified public accountant or an independent public accountant holding a valid
permit issued by an appropriate State licensing agency, and shall have been so
prepared as to reflect the financial status of the submitting company. This
statement must be current and not more than one (1) year old. In the case that a
bidding date falls within the time a new statement is being prepared, the previous
statement shall be updated by proper verification.
(b) For an experience record to be considered to be acceptable for a given project, it
must reflect the experience of the firm seeking qualification in work of both the
same nature and technical level as that of the project for which bids are to be
received.
(c) The Director of the Water Department shall be the sole judge as to the acceptability
for financial qualification to bid on any Fort worth Water Department project.
(d) Bids received in excess of the bid limit shall be considered non-responsive and will
be rejected as such.
(e) The City, in it's sole discretion, may reject any bid for failure to demonstrate
experience and/or expertise.
(f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,
and if inadvertently opened, shall not be considered.
(g) The City will attempt to notify prospective bidders whose qualifications (financial
or experience) are not deemed to be appropriate to the nature and/or magnitude of
the project on which bids are to be received. Failure to notify shall not be a
waiver of any necessary prequalification.
1
2. BID SECURITY: A cashier's check, or an acceptable bidder's bond, payable to the City
of Fort Worth, in an amount of not less than five (5%)percent of the largest possible total
of the bid submitted must accompany the bid, and is subject to forfeiture in the event the
successful bidder fails to execute the Contract Documents with ten (10) days after the
contract has been awarded. To be an acceptable surety on the bond (1) the name of the
surety shall be included on the current U.S. Treasury, or (2) the surety must have capital
and surplus equal to ten times the limit of the bond. The surety must be licensed to do
business in the State of Texas. The amount of the bond shall not exceed the amount shown
on the Treasury list or one-tenth (1/10) the total capital and surplus.
3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one
hundred (100%) percent of the contract price will be required, Reference C 3-3.7.
4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort
Worth, Texas, and as set forth in the Contract Documents must be paid on this project.
5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the
Proposal, the City reserves the right to adopt the most advantageous construction thereof
to the City or to reject the Proposal.
6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas.
7. NONRESIDENT BIDDERS: Pursuant to Article 601g. Texas Revised Civil Statutes, the
City of Fort Worth will not award this contract to a nonresident bidder unless the
nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a
nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located.
`Nonresident bidder' means a bidder whose principal place of business is not in the State
of Texas, but excludes a contractor whose ultimate parent company or majority owner has
its principal place of business in the State of Texas.
This provision does not apply if this contract involves Federal funds.
The appropriate blanks of the Proposal must be filled out by all nonresident bidders in
order for the bid to meet specifications. The failure of a nonresident contractor to do so
will automatically disqualify that bidder.
8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid
within forty-five (45) calendar days after completion and acceptance by the City.
9. AGE: In accordance with the policy (`Policy') of the Executive Branch of the Federal
2
Government,Contractor covenants that neither it,nor any of its officers,members,agents,
employees, program participants or subcontractors, while engaged in performing this
contract, shall, in connection with the employment, advancement or discharge of
employees in connection with the terms, conditions or privileges of their employment,
discriminate against persons because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age
limit for such employment unless the specified maximum age limit is based upon a bona
fide occupational qualification, retirement plan or statutory requirement.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and
hold City harmless against any claims or allegations asserted by third parties or
subcontractors and/or its subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the performance of this agreement.
10. DISABILITY: In accordance with the provisions of the Americans with Disabilities Act
of 1990 ("ADA"), Contractor warrants that it and any and all its subcontractors will not
unlawfully discriminate on; the basis of disability in the provision of services to the
general public, nor in the availability, terms and/or conditions of employment for
applicants for employment with, or employees of Contractor or any of its subcontractors.
Contractor warrants it will fully comply with the ADA's provisions and any other
applicable Federal, State and local laws concerning disability and will defend, indemnify
and hold City harmless against any claims or allegations asserted third parties or
subcontractors against City arising out of contractor's and/or its subcontractors' alleged
failure to comply with the above referenced Policy concerning disability discrimination in
the performance of this agreement.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City
of Fort Worth Ordinance No. 13471, as amended by Ordinance No. 13781, the City of
Fort Worth has goals for the participation of minority business enterprises and women
business enterprises in City contracts. A copy of the Ordinance can be obtained from the
office of the City Secretary. The bidder shall submit the M/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM,
("Documentation")as appropriate. The documentation must be received no later than 5:00
P.M., five (5) City business days after the bid opening date. The bidder shall obtain a
receipt from the appropriate employee of the managing department to whom delivery was
made. Such receipt shall be evidence that the documentation was received by the City.
Failure to comply shall render the bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information
3
regarding actual work performed by a Minority Business Enterprise (MBE) and/or a
Women Business Enterprise (WBE) on the contract and payment thereof. Contractor
further agrees to permit any audit and/or examination of any books, records or files in its
possession that will substantiate the actual work performed by an MBE and/or WBE. The
misrepresentation of facts(other than a negligent misrepresentation)and/or the commission
of fraud by the Contractor will be grounds for termination of the contract and/or initiating
action under appropriate federal, state or local laws or ordinances relating to false
statements. Further,any such misrepresentation(other than a negligent misrepresentation)
and/or commission of fraud will result in the Contractor being determined to be
irresponsible and barred from participating in City work for a period of time of not less
than three (3) years.
Revised 9/24/97
A:\SEB.WTR
4
PART B
PROPOSAL
Unit 1
• Minority and Women Business Enterprise Specifications
0 Proposal
0 City Approved Product Form
Unit 2
0 Minority and Women Business Enterprise Specifications
0 Proposal
0 City Approved Product and Method Form
Unit 3
• Minority and Women Business Enterprise Specifications
• Proposal
0 City Approved Product and Method Form
Bid Summary
NOTE
M/WBE goals are different for Units 1 through 3. Individual
M/WBE documentation must be completed with the proposal
for each unit.
,^, Attachment 1A
Page 1 of 2
City of Fort Worth
*� Minority and Women Business Enterprise Specifications
ur MBE/WBE UTILIZATION
t1 1 r u r H S ",, n,�ch-n, T..,e . May 4.2000
PRIME COMPANY NAME BID DATE
36S 16B 195AI&195AII PART 5 UNIT 1 D.O.E.2665
-IROJECT NAME PROJECT NUMBER
CITY'S M/WBE PROJECT GOAL: 12% MIWBE PERCENTAGE ACHIEVED:
r
Failure to complete this form,in its entirety with supporting documentation,and received by the Managing Department
on or before 4:00 p.m.five(5)City business days after bid opening,exclusive of bid opening date,will result in the bid
being considered non-responsive to bid specifications.
The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing
misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-
responsive to specifications.
Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount
Address,and Telephone No. Scope of Work(") SuppliedCL
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ry
Sn S -(053
UA0 s0.At-) P&, C- -
q0 3-P -76111
5,0 000
MlWBEs must be located In the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid.
M ,,Specify ler+eas in which MWBE's are to be utilized ardfor Items to be supplledr
Cornplete��ting of items to be supplied Is required In order to receive credit toward the Mf WBE goat.
Identify eechTlerlevel. Tier.Means the level ofsubcontracting belowthe
prime contractorfcor>eulbRrrt,I.e.,a direct payment
from the prime contractor to a subcontractor Is considered 1''tier,a payment by a subcontractor
to its supplier Is considered 2"tier. -
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
OPENING, EXCLUSIVE OF THE BID OPENING DATE
Rev. 6;229,,8
Pages 1 and 2 of Mlachment 1A must be received by the Managing Department
Attachment 1A
Page 2 of 2
City of Fort Worth
4 Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION
on pany> ame;Conitact Narrre; Certified .Specify�Atl Contracting Sl�WIV All,ltem 5to be ;DbUiAin6unt
Jlddress;and Telephone No: Scope of work r) - Supplled("
x
s�
Vrhe bidder further agrees to provide, directly to the City upon request,complete and accurate information regarding
it ictual work performed by all subcontractors, including MBE(s)and/or WBE(s)arrangements submitted with this bid
The bidder also agrees to allow an audit and/or examination of any books,records and files held by their company tha
pvill substantiate the actual work performed by the MBE(s)and/or WBE(s) on this contract, by an authorized officer or
employee of the City. Any intentional and/or misrepresentation of facts will be grounds for terminating the contrac
or debarment from City work for a period of not less than three(3)years and for initiating action under Federal, State
or Local laws concerning false statements.Any failure to comply with this ordinance and creates a material breach of
ontract may result in a determination of an irresponsible offer and barred from participating in City work for a period
rf time not less than one (1)year.
ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
Authorized Signature Printed Signature
Pros 1
Title Contact Name and Title(If different)
r Hca X177���r 2
Company Name Telephone Number(s)
P, D 1 lo? - 4 Y?- DO-0 7
Address Fax Number
o I U
City/State/Zip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID
Rev.6/2/98
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
PROPOSAL
TO: Mr. Bob Terrell
City Manager
Fort Worth, Texas
Main 36S, 166, 195AI & 195AII
Drainage Area Rehabilitation and
Sanitary Sewer System Improvements
(Group 3, Contract 5) Part 5
SEWER PROJ. NO. PS46-070460410130
UNIT 1 (D.O.E. No. 2655): L-3389, L-863, L-4348, L-4349
Pursuant to the foregoing "Notice to Bidders", the undersigned bidder has thoroughly examined the
Contract Documents, including Plans, Special Contract Documents, the General Contract
Documents, and General Specifications for Water Department Projects, and the site of the project,
understands the amount of work to be done, and hereby proposes to do all the work, furnish all
labor, equipment and materials necessary to fully complete all the work as provided in the plans and
specifications, and subject to the inspection and approval of the Engineering Department Director
of the City of Fort Worth, Texas. The contractor must be pre-qualified in accordance with the
Water Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the
City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond,
Payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort
Worth for the performing and completing of said work within the time stated and for the following
sums, to wit:
UVIT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
1. 30 L.F. * 6-inch Sanitary Sewer, All Depths;
Per Linear Foot
—T t All„— —Koo Dollars 00 �
— J 4LIC 10 Cents $_ �= $ C
* Contractor must complete City Approved Product form on Page BI-7.
B1-1
UNIT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
2. 2,260 L.F. * 8-inch Sanitary Sewer, All Depths;
Per Linear Foot
`Twc k(-c., --►-�,r c< Dollars1 q go
Cents $o�3— $ 5'
3 Ao —
3. 45 L.F. * 12-inch Sanitary Sewer, All Depths;
Per Linear Foot
_F:!23- -arc Dollars
qze-nn Cents $5 5�'` $ 4L/75 -
4. 380 L.F. 8" D.I. Pipe, C1.51, All Depths;
Per Linear Foot
Th.r::121— uhe- Dollars
Cents $3 $ 7,Y
5. 30 L.F. 10" D.I. Pipe, C1.51, All Depths;
Per Linear Foot
r1l If:L'J Dollars
Cents $,35 $ p 5o -
6. 15 EA. Standard Sewer MH, 48" 1.D.,
Per Figure M of the G.C.D. (D-52);
Per Each
One +1 ,-5a„d -9-4+z, Dollars 00 00
Cents $L 350- $ 250 —
7. 7 V.F. Ex. Depth for 48" 1.D. Std. Manhole
s (D-52); Per Vertical Foot
C) In L,VA rc d Dollars o a
Cents $—&—0—
$ Ov
* Contractor must complete City Approved Product form on Page B1-7.
B1-2
r UNIT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
8. 1 EA. Standard Shallow Cone Sewer Manhole
Per Fig. 105 of the G.C.D., (D-52);
Per Vertical Foot
Dollars
OJ
■ Cents $ x{50°° $ 5u —
9. 16 EA. Watertight Manhole Insert (D-52);
F Per Each
S i Dollars
�o Cents $ $ to0�
10. 16 EA. Concrete Manhole Collars Per Fig. 121
Of the G.C.D. (D-52); Per Each
Two h�tirlrcd Dollars
Cents $ ���=� $ _Q OO o
11. 16 EA. Vacuum Test Manhole (D-63);
Per Each
byte- h L,,-rtdred Dollars
- -� Cents $ QQfy- $ QC°-
12. 10 EA. Remove Existing Sewer Manhole
(D-55);I Per Each
T.,o �u hAKd -t'f�f Dollars
Cents $ _
13. 3 EA. Abandon Existing Sewer Manhole
in Place (D-55); Per Each
'rr o 1, hrLnr e�-�i-F-4ti Dollars o„
Cents $- 50- $ 2 5�0
B1-3
C
UMT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
14. 300 L.F. 4" Sewer Service Line (Public)
(D-53); Per Linear Foot
Dollars
Cents $ °u $ vp��
15. 180 L.F. 4" Sewer Service Line (Private)
(D-53); Per Linear Foot
-Th Y-h' --AVC Dollars
Cents $3�Cl? $ 6 3�ov
16. 190 L.F. 4" D.I.P. Sewer Service Line (D-53);
PeIrpnear Foot
wt,A4 - rxc Dollars
w Cents $23-2 3-2 $ 70°='
17. 40 EA. 4" Sewer Service Taps or Tees (D-53);
Per Each
T A nec k,..,d red Dollars 00
Cents $3cd'- $ /.21000 -
18.
.2000 -18. 5 EA. Sanitary Sewer Cleanout (D-53);
Per Each
`7'hrce 11L'n6 rrd Dollars
Cents $ 3(�"-� $ 00
y 19. 2,100 L.F. Trench Safety System for Sewer
Trench Depth 5' and Greater (D-51);
Per Linear Foot
lw�t Dollars
Cents 0000
20. 840 L.F. Permanent Asphalt Pavement
Repair Per Figure 4 (D-50);
Per Linear Foot
-i -1n Dollars o
OD
Cents $ $ a5'aw
131-4
UNIT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE AMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
21. 72 S.Y. Remove and Replace Concrete
Driveway (D-44, DA-22);
Per Square Yard
r,
r4, --4(,AvC Dollars o o f
J _1011n, Cents $4$
22. 2.0 TN Ductile Iron Fittings (D-80);
Per Ton
`11-trcc -NioL&sand Dollars
Cents $ 3,ow $ (o,oao
23. 1,850 L.F. Hydro Mulch Seeding (D-73);
Per Linear Foot
Q he Dollars
4::6 Cents $ $
24. 160 L.F. Grass Solid Sodding (D-73);
Per Linear Foot
St Ue" Dollars
-ri 4-N, Cents $ — $
25. 1,000 L.F. Pre-Construction TV Inspection
of Sanitary Sewer Lines, All Sizes
(D-62); Per Linear Foot
"�rC t Dollars
-f Cents $ $ 34 5c�c7 Cal
26. 2,700 L.F. Post-Construction TV Inspection
of Sanitary Sewer Lines, All Sizes
(D-65); Per Linear Foot
h e Dollars
Cents
B1-5
UNIT 1
PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT TOTAL
ITEM QUANTITY PRICES WRITTEN IN WORDS PRICEAMOUNT BID
(Furnish and install, including all appurtenant work, complete in place the following items.
D-No. refers to related items in the Part D Special Conditions.)
27. 3 EA. Exploratory Excavation (D-Hole),
(D-79); Per Each
-�44-, Dollars
Cents $ 3 5(�u $ / O 50°0-
TOTAL BID - UNIT 1 $�
NOTE
Forward Total to Bid Summary
B1-6
UNIT 1
CITY APPROVED PRODUCT FOR
* CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED:
STANDARD SPEC NO. SIZE
E1-31 4" thru 30"
E1-25 4" thru 15"
E1-27 4" thru 15"
E1-28 18" thru 27"
E100-2 18" thru 48"
Consult the "City of Fort Worth Standard Product List" to obtain the Generic/Trade Name and the Manufacturer for the pipes listed
above.
Failure to provide the information required above may result in rejection of bid as non-responsive.
Only products or methods listed above will be allowed for use in this project. Any substitution shall result in rejection of
bid as non-responsive.
B1-7
UNIT 1
Within ten (10) days after notification by the City, the undersigned will execute the formal contract
and will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of this Contract. The attached bid security in the amount of_
5 o is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or
bonds are not executed and delivered within the time above set forth as liquidated damages for the
delay and additional work caused thereby.
The undersigned bidder certified that he has obtained at least one set of the General Contract
Documents and General Specifications for Water Department Projects dated January 1, 1978, and that
he has read and thoroughly understands all the requirements and conditions of those General
Documents, and the specific Contract Documents and appurtenant plans.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance No. 7278 as amended by the City Ordinance No. 7400.
The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to
complete the contract within 90 Calendar Days after beginning construction as set forth in the written
work order to be furnished by the Owner:
Complete A or B below, as applicable:
A. The principal place of business of our company is in the State of
Nonresident bidders in the State of , our principal place of business, are
required to be percent lower than resident bidders by state law. A copy of the
statute is attached.
Nonresident bidders in the State of , our principal place of business, are not
required to underbid resident bidders.
B�The principal place of business of our company or our parent company or majority owner
is in the State of Texas.
B1-8
Receipt is acknowledged of the following addenda:
Addendum No. 1y.�-�
Addendum No. 2
Addendum No. 3
Respectfully submitted,
By . -- jr—
/it aJ i.1�iz�
Title
Z.
78
Address
(SEAL)
If Bidder is Corporation
Date:
- END OF UNIT 1 PROPOSAL -
B1-9
BID SUMMARY
UNIT 1 D.O.E. No. 265 $ d
0
UNIT 2 D.O.E. No. 2656 $ o a z —
UNIT 3 D.O.E. No. 2657 $
PART C
GENERAL CONDITIONS
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
NOVEMBER, 1, 1987
TABLE OF CONTENTS
C1-1 DEFINITIONS
C1-1. 1 Definition of Terms C1-1 ( 1)
C1-1. 2 Contract Documents C1-1 ( 1)
'C1-1. 3 Notice to Bidders C1-1 ( 2 )
C1-1. 4 Proposal C1-1 ( 2)
C1-1. 5 Bidder C1-1 (2 )
C1-1. 6 General Conditions C1-1 (2 )
C1-1. 7 Special Conditions C1-1 ( 2 )
C1-1. 8 Specifications C1-1 ( 2)
C1-1. 9 Bond C1-1 ( 2)
C1-1. 10 Contract C1-1 ( 3 )
C1-1. 11 Plans C1-1 (3 )
C1-1.12 City C1-1 ( 3 )
C1-1. 13 City Council C1-1 ( 3 )
C1-1.14 Mayor C1-1 ( 3 )
C1-1.15 City Manager Cl-1 ( 3 )
C1-1.16 City Attorney C1-1 ( 3 )
C1-1. 17 Director of Public Works Cl-1 (4 )
C1-1.18 Director, City Water Department C1-1 ( 4 )
C1-1.19 Engineer Cl-1 (4 )
C1-1. 20 Contractor Cl-1 ( 4 )
C1-1. 21 Sureties C1-1 (4 )
C1-1. 22 The Work or Project C1-1 (4 )
C1-1. 23 Working Day C1-1 (4 )
C1-1. 24 Calendar Day C1-1 ( 4 )
C1-1. 25 Legal Holiday C1-1 (4 )
C1-1. 26 Abbreviations C1-1 ( 5 )
C1-1. 27 Change Order C1-1 (6 )
C1-1. 28 Paved Streets and Alleys C1-1 (6 )
C1-1. 29 Unpaved Streets and Alleys C1-1 (6 )
C1-1. 30 City Streets C1-1 (6 )
C1-1. 31 Roadway C1-1 (6 )
C1-1. 32 Gravel Street C1-1 (6 )
C2-2 INTERPRETATION AND PREPARATION
OF PROPOSAL
C2-2. 1 Proposal Form C2-2 (1 )
C2-2 . 2 Interpretation of Quantities C2-2 (1 )
C2-2 . 3 Examination of Contract Documents
and Site C2-2 ( 2)
C2-2 . 4 Submitting of Proposal C2-2 ( 3 )
C2-2. 5 Rejection of Proposals C2-2 (3 )
C2-2. 6 Bid Security C2-2 (3 )
(1)
C2-2 . 7 Delivery of Proposal C2-2 ( 4 )
C2-2. 8 Withdrawing Proposals C2-2 (4 ) ;
C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 )
C2-2.10 Public Opening of Proposal C2-2 ( 4 )
C2-2 .11 Irregular Proposals C2-2 (4 )
C2-2. 12 Disqualification of Bidders C2-2 (5 )
C3-3 AWARD AND EXECUTION OF DOCUMENTS _
C3-3 . 1 Consideration of Proposals C3-3 (1)
C3-3 .2 Minority Business Enterpise
Women-Owned Business Enterprise
compliance C3-3 (1 )
C3-3 . 3 Equal Employment Provisions C3-3 (1)
C3-3 . 4 Withdrawal of Proposals C3-3 (2)
C3-3 .5 Award of Contract C3-3 (2 )
C3-3. 6 Return. of. Proposal. Sec.ur.ities C3-3 (2 )
C3-3 . 7 Bonds C3-3 (2)
C3-3. 8 Execution of Contract C3-3 (4 )
C3-3.9 Failure to Execute Contract C3-3 (4 )
C3-3.10 Beginning Work C3-3 ( 4 )
C3-3.11 Insurance C3-3 (4 )
C3-3 . 12 Contractor ' s Obligations C3-3 (7)
C3-3.13 Weekly Payroll C3-3 (7 )
C3-3.14 Contractor' s Contract Administration C3-3 (7 )
C3-3.15 Venue C3-3 (8 )
C4-4 SCOPE OF WORK
C4-4.1 Intent of Contract Documents C4-4 (1)
C4-4. 2 Special Provisions C4-4 (1)
C4-4. 3 Increased or Decreased Quantities C4-4 (1)
C4-4 . 4 Alteration of Contract Documents C4-4. (2 )
C4-4. 5 Extra Work C4-4 (2)
C4-4. 6 Schedule of Operations 64-4 (3 )
C4-4. 7 Progress Schedules for Water and
Sewer Plant Facilities C4-4 (4 )
C5-5 CONTROL OF WORK AND MATERIALS
C5-5.1 Authority of Engineer C5-5 (1 )
C5-5 . 2 Conformity with Plans C5-5 (1)
C5-5. 3 Coordination of Contract Documents C5-5 ( 2 )
C5-5. 4 Cooperation of Contractor - C5-5 ( 2 )
C5-5. 5 Emergency and/or Rectification Work C5-5 (3 )
C5-5 . 6 Fidld Office C5-5 (3 )
C5-5 . 7 Construction Stakes C5-5 (3 )
C5-5 . 8 Authority and Duties of Inspectors C5-5 ( 4 )
C5-5. 9 Inspection C5-5 (5 )
C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5 )
C5-5.11 Substitute Materials or Equipment C5-5 ( 5 )
C5-5. 12 Samples and Tests of Materials C5-5 ( 6 )
C5-5 .13 Storage of Materials C5-5 ( 6 )
C5-5 . 14 Existing Structures and Utilities C5-5 (7 )
C5-5. 15 interruption of Service C5-5 ( 7)
C5-5 . 16 Mutual Responsibility of Contractors C5-5 (8 )
C5-5 . 17 Cleanup C5-5 (8 )
C5-5 . 18 Final Inspection C5-5 ( 9 )
(2)
C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6 .1 Laws to be Observed C6-6 (1)
C6-6. 2 Permits and Licenses C6-6 (1)
C6-6 . 3 Patented Devices, Materials and Processes C6-6 (1)
C6-6. 4 Sanitary Provisions C6-6 (2 )
C6-6 . 5 Public Safety and Convenience C6-6 (2 )
C6-6 . 6 Privileges of Contractor in Streets,
Alleys , and Right-of-Way C6-6 ( 3 )
C6-6. 7 Railway Crossings C6-6 (4 )
C6-6 . 8 Barricades, Warnings and Watchmen C6-6 (4 )
C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5 )
C6-6.10 Work Within Easements C6-6 (6 )
C6-6. 11 Independent Contractor C6-6 (8 )
C6-6.12 Contractor ' s Responsibility for
Damage Claims C6-6 (8 )
C6-6.13 Contractor 's Claim for Damages C6-6 (10 )
C6-6.14 Adjustment of Relocation of Public
Utilities, etc. C6-6 (10 )
C6-6.15 Temporary Sewer Drain Connections C6-6 (10 )
C6-6.16 Arrangement and Charges of Water
Furnished 'by City C6-6 (11)
C6-6 .17 Use of a Section of Portion of the Work C6-6 (11)
C6-6.18 Contractor ' s Responsibility for Work C6-6 (11 )
C6-6. 19 No Waiver of Legal Rights C6-6 (12)
C6-6 . 20 Personal Liability of Public Officials C6-6 (12 )
C6-6. 21 State Sales Tax C6-6 (12 )
C7-7 PROSECUTION AND PROGRESS
C7-7. 1 Subletting C7-7 (1)
C7-7. 2 Assignment of Contract C7-7 (1 )
C7-7. 3 Prosecution of the Work C7-7 (1 )
C7-7. 4 Limitations of Operations C7-7 (2 )
C7-7. 5 Character of Workman and Equipment C7-7 (2 )
- C7-7. 6 Work Schedule C7-7 (3 )
C7-7. 7 Time of Commencement and Completion C7-7 (4 )
C7-7. 8 Extension of time of Completion. C7-7 (4 )
C7-7. 9 Delays C7-7 (4 )
C7-7. 10 Time of Completion C7-7 (5 )
C7-7. 11 Suspension by Court Order C7-7 (6 )
C7-7.12 Temporary Suspension C7-7 (6 )
C7-7.13 Termination of Contract due to
National Emergency C7-7 ( 7 )
C7-7. 14 Suspension of Abandonment of the
Work and Annulment of Contract C7-7 (7 )
C7-7.15 Fulfillment of Contract C7-7 ( 9 )
C7-7.16 Termination for Convenience of the Onwer C7-7 (10 )
C7-7. 17 Safety Methods and Practices C7-7 (13 )
C8-8 MEASUREMENT AND PAYMENT
C8-8 . 1 Measurement of Quantities C8-8 (1 )
C8-8. 2 Unit Prices C8-8 (1)
(3 )
C8-8. 3 Lump Sum C8-8 (1)
C8-8. 4 Scope of Payment C8-8 (1 )
C8-8.5 Partial Estimates and Retainage C8-8 (2 )
C8-8.6 Withholding Payment C8-8 (3 )
C8-8.7 Final Acceptance C8-8 (3 )
C8-8. 8 Final Payment C8-8 (3 )
C8-8 .9 Adquacy of Design C8-8 (4 )
C8-8.10 General Guaranty C8-8 (4 )
C8-8 .11 Subsidiary Work C8-8 (5 )
C8-8.12 Miscellaneous Placement of Material C8-8 (5 )
C8-8.13 Record Documents C8-8 (5)
(4)
PART C - GENERAL CONDITIONS
C1-1 DEFINITIONS
SECTION C1-1 DEFINITIONS
C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract
Documents the following terms or pronouns in place of them are
used , the intent and meaning shall be understood and
interpreted as follows :
C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of
the written and drawn documents , such as specifications ,
bonds , addenda , plans , etc . , which govern the terms and
x performance of the contract . These are contained in the
General Contract Documents and the Special Contract Documents.
a. GENERAL CONTRACT DOCUMENTS : The General Contract
Documents govern all Water Department Projects and
include the following items:
PART A - NOTICE TO BIDDERS (Sample) White
PART B - PROPOSAL (Sample) White,
PART C - GENERAL CONDITIONS (CITY) Canary Yellow
(Developer) Brown
PART D - SPECIAL CONDITIONS Green
PART E - SPECIFICATIONS E1-White
E2-Golden Rod
E2A-White
PERMITS/EASEMENTS Blue
PART F - BONDS (Sample) White
PART G - CONTRACT (Sample) White
b. SPECIAL CONTRACT DOCUMENTS: The Special Contract
Documents are prepared for each specific project as
a supplement to the General Contract Documents and
include the following items :
PART A - NOTICE TO BIDDERS (Advertisement) Same as
above
PART B - PROPOSAL (Bid)
PART C - GENERAL CONDITIONS
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
PART H - PLANS (Usually bound separately)
C1-1 (1 )
C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications
either actually published in public advertising mediums or
furnished direct to interested parties pertaining to the work
contemplated under the Contract Documents constitutes the
notice to bidders.
C1-1 . 4 PROPOSAL: The completed written and signed offer or
tender of a bidder to perform the work which the Owner desires
to have done, together with the bid security, constitutes the
Proposal , which becomes binding upon the Bidder when it is
officially received by the Owner, has been publicly opened and
read and not rejected by the Owner.
C1-1 . 5 BIDDER : Any person , persons , firm, partnership,
company, association, corporation, acting directly or through
a duly authorized representative, submitting a proposal for
performing the work contemplated under the Contract Documents ,
constitutes a bidder.
C1-1 . 6 GENERAL 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 Conditions , the latter shall take
precedence and shall govern.
C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the
specific requirements which are necessary for the particular
project covered by the Contract Documents and not specifically
covered in the General Conditions . When considered with the
General Conditions and other elements of the Contract
Documents they provide the information which the Contractor
and Owner should have in order to gain a thorough knowledge of
the project.
C1-1 . 8 SPECIFICATIONS : The Specifications is that section or
part of the Contract Documents which sets forth in detail the
requirements which must be met by all materials, construction,
workmanship , equipment and services in order to render a
completed and useful project . Whenever reference is made to
standard specifications , regulations, requirements , statutes ,
etc . , such referred to documents shall become a part of the
Contract Documents just as though they were embodied therein.
C1-1 . 9 BOND: The bond or bonds are the written guarantee or
security furnished by the Contractor for the prompt and
C1-1 (2)
faithful performance of the contract and include the
following :
a. Performance Bond (see paragraph C3-3 . 7 )
b. Payment Bond (see paragraph C3-3 . 7)
C. Maintenance Bond (see paragraph C3-3 . 7 )
d. Proposal or Bid Security (see Special Instructions
to Bidders, Part A and C2-2 . 6 )
C1-1 . 10 CONTRACT: The Contract is the formal signed agreement
between the Owner and the Contractor covering the mutual
understanding of the two contracting parties about the project
to be completed under. the Contract Documents .
C1-1 . 11 PLANS : The plans are the drawings or reproductions
therefrom made by the Owner ' s representative showing in detail
the location , dimension and position of the various elements
of the project , including such profiles , typical
cross-sections, layout diagrams, working drawings , preliminary
drawings and such supplemental drawings as the Owner may issue
to clarify other drawings or for the purpose of showing
changes in the work hereinafter authorized by the Owner . The
plans are usually bound separately from other parts of the
Contract Documents , but they are a part of the ' Contract
Documents just as though they were bound therein.
C1-1 . 12 CITY : The City of Fort Worth, Texas , a municipal
corporation , authorized and chartered under the Texas State
Statutes , acting by and through its governing body or its City
Manger , each of which is required by charter to perform
specific duties . Responsibility for final enforcement of
Contracts involving the City of Fort Worth is by Charter
vested in the City Manager . The terms City and Owner are
synonymous.
Cl- 1 . 13 'CITY COUNCIL : The duly elected and qualified
governing body of the City of Fort Worth, Texas .
C1-1 . 14 MAYOR : The officially elected Mayor , or in his
absence, the Mayor Pro tem of the City of Fort Worth, Texas.
C1-1 . 15 CITY MANAGER: The officially appointed and authorized
City Manager of the City of Fort Worth , Texas , or his duly
authorized representative.
C1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney
of the City of Fort Worth , Texas , or his duly authorized
representative.
Cl-1 (3 )
C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official
of the City of Fort Worth , referred to in the Charter as the
City Engineer, or his duly authorized representative.
C1-1 . 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed
Director of the City Water Department of the City of Fort
Worth , Texas , or his duly authorized representative ,
assistant, or agents.
C1-1 . 19 ENGINEER: The Director of Public Works, the Director
of the Fort Worth City Water Department , or their duly
authorized assistants , agents , engineers , inspectors , or
superintendents , acting within the scope of the particular
duties entrusted to them.
C1-1 . 20 CONTRACTOR : The person , persons , partnership ,
company, firm, association , or corporation , entering into a
contract with the Owner for the execution of the work, acting
directly or through a duly authorized representative . A
sub-contractor is a person, firm, corporation, or others under
contract with the principal contractor , supplying labor and
materials or only labor, for work at the site of the project.
C1-1 . 21 SURETIES : The Corporate bodies which are • bound by
such bonds are required with and for the Contractor . The
sureties engaged are to be fully responsible for the entire
and satisfactory fulfillment of the Contract and for any and
all requirements as set forth in the Contract Documents and
approved changes therein.
C1-1 . 22 THE WORK OR PROJECT: The completed work contemplated
in and covered by the Contract Documents , including but not
limited to the furnishing of all labor , materials , tools ,
equipment, and incidentals necessary to produce a completed
and serviceable project..
C1-1 . 23 WORKING DAY : A working day is defined as a calendar
day, not including Saturdays, Sundays , and legal holidays , in
which the weather or other conditions not under the control of
the Contractor permit the performance of the principal unit of
work for a period of not less than seven ( 7 ) hours between
7 : 00 a . m, and 6 : 00 p.m. , with exceptions as permitted in
paragraph C7-7. 6.
C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week
or month, no days being excepted.
C1-1 . 25 LEGAL HOLIDAYS : Legal holidays shall be observed as
prescribed by the City Council of the City of Fort Worth for
observance by City employees as follows :
C1-1 (4 )
1. New Year ' s Day January 1
2 . M. L. King, Jr. Birthday, Third Monday in January
3 . Memorial Day Last Monday in May
4 . Independence Day July 4
5 . Labor Day First Monday in September
6 . Thanksgiving Day Fourth Thursday in November
7. Thanksgiving Friday Fourth Friday in November
8. Christmas Day December 25
9 . Such other days in lieu of
holidays as the City Council
may determine
When one of the above named holidays or a special holiday is
declared by the City Council , falls on Saturday, the holiday
shall be ob.served on the preceding Friday or if it falls on
Sunday, it shall be observed on the following Monday, by those
employees working on working day operations . Employees
working calendar day operations will consider the calendar
holiday as the holiday.
C1-1 . 26 ABBREVIATIONS : Wherever the abbreviations defined
herein appear in Contract Documents , the intent and meaning
shall be as follows:
R
AASHTO - American Association of MGD - Million Gallons Per
State Highway Transportation Day
Officials
ASCE - American Society of Civil CFS - Cubic Foot per
Engineers Second
LAW - In Accordance With
ASTM - American Society of Min. - Minimum
Testing Materials Mono.- Monolithic
AWWA - American Water Works % - Percentum
Association R - Radius
ASA - American Standards Association I.D. - Inside Diameter
HI - Hydraulic Institute O . D . - Outside
Diameter
Asph. - Asphalt Elev. - Elevation
Ave. - Avenue F - Fahrenheit
Blvd. - Boulevard C - Centigrade
CI - Cast Iron In. - Inch
CL - Center Line Ft. - Foot
GI - Galvanized Iron St. - Street
Lin. - Linear or Lineal CY - Cubic Yard
lb. - Pound Yd. - Yard
MH Manhole SY - Square Yard
Max. - Maximum L. F. - Linear Foot
D. I . - Ductile Iron
Cl-1 (5 )
C1- 1 . 27 CHANGE ORDER : A " Change Order " is a written
supplemental agreement between the Owner and the Contractor
covering some added or deducted item or feature which may be
found necessary and which was not specifically included in the
scope of the project on which bids were submitted. Increase
in unit quantities stated in the proposal are not the subject
matter of a Change Order unless the increase or decrease is
more than 25% of the amount of the particular item or items in
the original proposal.
All "Change Orders " shall be prepared by the City from
information as necessary furnished by the Contractor. '
C1-1 . 28 PAVED STREETS AND ALLEYS : A paved street or alley
shall be defined as a street or alley having one of the
following types of wearing surfaces applied over the natural
unimproved surface:
1. Any type of asphaltic concrete with or without
separate base material.
2. Any type of asphalt surface 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.
C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley,
roadway or other surface is any area except those defined
above for "Paved Streets and Alleys. "
C1-1 . 30 CITY STREETS : A city street is defined as that area
between the right-of-way lines as the street is dedicated.
C1-1 . 31 ROADWAY: The roadway is defined as the area between M
parallel lines two ( 2 ' ) feet back of the curb lines or four
( 41 ) feet back of the average edge of pavement where no curb
exists .
C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street
to which has been added one or more applications of gravel or
similar material other than the natural material found on the
street surface before any improvement was made.
C1-1 (6 )
SECTION C - GENERAL CONDITIONS
C2-2 INTERPRETATION AND
PREPARATION OF PROPOSAL
i
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2. 1 PROPOSAL FORM: The Owner will furnish bidders with
" proposal form, which will contain an itemized list of the
items of work to be done or materials to be furnished and upon
which bid prices are requested. The Proposal form will state
the Bidder ' s general understanding of the project to be
completed, provide a space for furnishing the amount of bid
security , and state the basis for entering into a formal
b contract. The Owner will furnish forms for the Bidder ' s
" Experience Record, " "Equipment Schedule , " and "Financial
Statement, " all of which must be properly executed and filed
with the Director of the City Water Department one week prior
to the hour for opening of bids.
The financial statement required shall have been prepared by
an independent certified public accountant or an independent
public accountant holding a valid permit issued by an
appropriate state licensing agency, and shall have• been so
prepared as to reflect the current financial status . This
statement must be current and not more than one ( 1 ) ye-ar old .
In the case that a bidding date falls within the time a new
statement is being prepared, the previous statement shall be
updated by proper verification . Liquid assets in the amount
of ten ( 10% ) percent of the estimated project cost will be
required.
For an experience record to be considered to be acceptable for
a given project , it must reflect the experience of the firm
R seeking qualification in work of both the same nature and
magnitude as that of the project for which bids are to be
received , and such experience must have been on projects
completed not more than five ( 5 ) years prior to the date on
which are to be received . The Director of the Water
department shall be sole judge as to the acceptability of
experience for qualification to bid on any Fort Worth Water
' Department project.
The prospective bidder shall schedule the equipment he has
available for the project and state that he will rent such
additional equipment as may be required to complete the
project on which he submits a bid.
C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work
and materials to be furnished as may be listed in the proposal
w
C2-2 (1 )
s
forms or other parts of the Contract Documents will be
considered as approximate only and will be used for the
purpose of comparing bids on a uniform basis . Payment will be
made to the Contractor for only the actual quantities of work
performed or materials furnished in strict accordance with the
Contract Documents and Plans . The quantities of work to be
performed and materials to be furnished may be increased or
decreased as hereinafter provided , without in any way
invalidating the unit prices bid or any other requirements of
the Contract Documents .
C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: '
Bidders are advised that the- Contract Documents on file with
the Owner shall constitute all of the information which the
Owner will furnish. All additional information and data which
the owner will supply after promulgation of the formal
contract documents shall be issued in the form of written
addenda and shall become part of the Contract Documents just
as though such addenda were actually written into the original
Contract Documents .
Bidders are required, prior to the filing of proposal, to read
and become familiar with the Contract Documents , to visit the
site of the project and examine carefully all local
conditions , to inform themselves by their own independent
research and investigations, tests, boring, and by such other
means as may be necessary to gain a complete knowledge of the
conditions which will be encountered during the construction
of the project . They must judge for themselves the
difficulties of the work and all attending circumstances
affecting the cost of doing the work or the time requi;ed for
its completion, and obtain all information required to make an '
intelligent proposal . No information given by the Owner or
any representative of the Owner other than that contained in
the Contract Documents and officially promulgated addenda
thereto, shall be binding upon the Owner. Bidders shall rely
exclusively and solely upon their own estimates ,
investigation , research, tests , explorations, and other data
which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that
the submission of a proposal is prima-Facie evidence that the
bidder has made the investigations , examinations and tests
herein required . Claims for additional compensation due to
variations between conditions actually encountered in
construction and as indicated in the Contract Documents will
not be allowed.
The logs of Soil Borings, if any, showing on the plans are for
general information only and may not be correct . Neither the
C2-2( 2 )
Owner nor the Engineer guarantee that the data shown is
representative of conditions which actually exist.
C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his
Proposal on the form furnished by the Owner. All blank spaces
applicable to the project contained in the form shall be
correctly filled in and the Bidder shall state the prices ,
written in ink in both words and numerals , for which he
proposes to do the work contemplated or furnishe the materials
required . All such prices shall be written legibly. In case
of discrepancy between the price written in words and the
price written in numerals , the price most advantageous to the
City shall govern.
If a proposal is submitted by an individual, his or her name
must be signed by him (her) or his (her) duly authorized agent.
If a proposal is submitted by a firm, association , or
partnership , the name and address of each member must be
given , and the proposal must be signed by a member of the
firm, association , or partnership , or by a person duly
authorized . If a proposal is submitted by a company or
corporation , the company or corporate name and business
address must be given, and the proposal signed by an official
or duly authorized agent. The corporate seal must be affixed.
Power of Attorney authorizing agents or others to sign
proposal must be properly certified and must be in writing and
submitted with the proposal.
C2-2 . 5 REJECTION OF PROPOSALS : Proposals may be rejected if
they show any alteration of words or figures , additions not
called for , conditional or uncalled for alternate bids ,
UP incomplete bids, erasures , or irregularities of any kind, or
contain unbalance value of any items . Proposal tendered or
delivered after the official time designated for receipt of
proposal shall be returned to the Bidder unopened.
C2-2 . 6 BID SECURITY: No proposal will be considered unless it
is accompanied by a "Proposal Security" of the character and
in the amount indicated in the "Notice to Bidders " and the
"Proposal . " The Bid Security is required by the Owner as
evidence of good faith on the part of the Bidder, and by way
of a guaranty that if awarded the contract , the Bidder will
within the required time execute a formal contract and furnish
the required performance and other bonds. The bid security of
the three lowest bidders will be retained until the contract
is awarded or other disposition is made thereof . The bid
security of all other bidders may be returned promptly after
the canvass of bids.
C2-2 (3 )
C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered
unless it is delivered , accompanied by its proper Bid
Security, to the City Manager or his representative in the
official place of business as set forth in the "Notice to
Bidders . " It is the Bidder ' s sole responsibility to deliver
the proposal at the proper time to the proper place. The mere
fact that a proposal was dispatched will not be considered.
The Bidder must have the proposal actually delivered. Each
proposal shall be in a sealed envelope plainly marked with the
word "PROPOSAL, " and the name or description of the project as
designated in the "Notice to Bidders . " The envelope shall be
addressed to the City Manager, City Hall, Fort Worth, Texas.
C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with
the City Manager cannot be withdrawn prior to the time set for ,
opening proposals . A request for non-consideration of a
proposal must be made in writing , addressed to the City
Manager , and filed with him prior to the time set for the
opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the
proposals for which non-consideration requests have been
properly filed may, at the option of the Owner , be returned
unopened.
C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may
modify his proposal by telegraphic communication at any time
prior to the time set for opening proposals , provided such
telegraphic communication is received by the City Manager
prior to the said proposal opening time, and provided further,
that the City Manager is satisfied that a written and duly
authenticated confirmation of such telegraphic communication
over the signature of the bidder was mailed prior to the
proposal opening time . If such confirmation is not received
within forty-eight ( 48 ) hours after the proposal opening time,
no further consideration will be given to the proposal.
C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been
properly filed and for which no "Non-consideration Request" ,
has been received will be publicly opened and read aloud by
the City Manager or his authorized representative at the time
and place indicated in the "Notice to Bidders . " All proposals
which have been opened and read will remain on file with the
Owner until the contract has been awarded. Bidders or their
authorized representatives are invited to be present for the
opening of bids.
C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as
being "Irregular" if they show any omissions , alterations of
form, additions , or conditions not called for , unauthorized
alternate bids , or irregularities of any kind . However , the
C2-2 ( 4 )
Owner reserves the right to waive any and all irregularities
and to make the award of the contract to the best interest of
the City. Tendering a proposal after the closing hour is an
irregularity which cannot be waived.
C2- 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be
disqualified and their proposals not considered for any of ,
but not limited to, the following reason:
a. Reasons for believing that collusion exists among
bidders.
b. Reasonable grounds for believing that any bidder is
interested in more than one proposal for work
contemplated.
C. The bidder being interested in any litigation
against the Owner or where the Owner may have a
claim against or be engaged in litigation against
the bidder.
d. The bidder being in arrears on any existing contract
or having defaulted on a previous contract.
e. The 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
"A" - Special Instructions .
2 . A current experience record showing especially
the projects of a nature similar to the one
under consideration , which have been
successfully completed by the Bidder.
3 . An equipment schedule showing the equipment
the bidder has available for use on the
project.
The Bid Proposal of a bidder who, in the judgment of the
Engineer , is disqualified under the requirements stated
herein, shall be set aside and not opened.
C2-2 ( 5 )
PART C - GENERAL CONDITIONS
#4 C3-3 AWARD AND EXECUTION OF
DOCUMENTS
VP
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been
opened and read aloud, the proposals will be tabulated on the
basis of the quoted prices , the quantities shown in the
proposal , and the application of such formulas or other
methods of bringing items- to a common basis as may be
established in the Contract Documents.
The total obtained by taking the sum of the products of unit
prices quoted and the estimated quantities plus any lump sum
items and such other quoted amounts as may enter into the cost
of the completed project will be considered as the amount of
the bid.
Until the award of the contract is made by the Owner , the
right will be reserved to reject any or all proposals and
waive technicalities, to re-advertise for new proposals , or to
proceed with the work in any manner as maybe considered for
the best interest of the Owner.
C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS
ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner ,
upon request , complete and accurate information regarding
actual work performed by a Minority Business Enterprise (MBE )
and or a a Woman-owned Business Enterprise (WBE ) on the
contract and the payment therefor. Contractor further agrees ,
upon request by Owner , to allow and audit and/or an
examination of any books, records, or files in the possession
of Contractor that will substantiate the actual work performed
by the MBE or WBE. Any material misrepresentation of any
nature will be grounds for termination of the contract and for
initiating any action under appropriate federal , state or
local laws and ordinances relating to false statements ;
further , any such misrepresentation may be grounds for
disqualification of Contractor at Owner ' s discretion for
bidding on future Contracts with the Owner for a period of
time of not less than six ( 6 ) months.
C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall
comply with Current City Ordinance prohibiting discrimination
in employment practices .
C3-3 (1 )
The Contractor shall post the required notice to that effect
on the project site, and, at his request , will be provided
assistance by the City of Fort Worth ' s Equal Employment
Officer who will refer any qualified applicant he may have on
file in his office to the Contractor. Appropriate notices may
be acquired from the Equal Employment Officer.
C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been
read by the Owner it cannot be withdrawn by the Bidder within
forty-five ( 45 ) days after the date on which the proposals
were opened.
C3-3 . 5 AWARD .OF CONTRACT: The Owner reserves the right to
withholdfinal action on the proposals for a reasonable time ,
not to exceed forty-five ( 45 ) days after the date of opening r
proposals,, and in no event will an award be made until after
investigations have been made as to the responsibility of the
proposed awardee. . .
The award of the contract, if an award is made, will be to the
lowest and best responsible bidder.
The award of the contract shall not become effective until the
Owner has notified the Contractor in writing of such award.
C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed
price totals have been determined for comparison of bids , the
Owner may, at its discretion, return the proposal security r
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 r
retained by the Owner until the required contract has been
executed and bond furnished or the Owner has otherwise
disposed of the bids, after which they will be returned by the
City Secretary.
C3-3 . 7 BONDS : With the execution and delivery of the Contract
Documents, the Contractor shall furnish to, and file with the
Owner in the amounts herein required, the following bond3 :
a. PERFORMANCE BOND : A good and sufficient
performance bond in an amount not less than 100
percent of the amount of the contract, as evidenced
by the proposal tabulation or otherwise ,
guaranteeing the full and faithful execution of the
work and performance of the contract, and for the
protection of the Owner and all other persons
against damage by reason of negligence of the
Contractor , or improper execution of the work or
the use of inferior ;materials . This performance
C3-3 (2 )
bond shallg uarantee the payment for all labor,
materials, equipment, supplies , and services used
in the construction of the work, and shall remain
in full force and effect until provisions as above
stipulated are accomplished and final payment is
made on the project by the City.
b. MAINTENANCE BOND : A good and sufficient
maintenance bond, in the amount of not less than
100 percent of the amount of the contract, as
evidenced by the proposal tabulation or otherwise,
guaranteeing the prompt , full and faithful
performance of the general guaranty which is set
forth in paragraph C8-8 . 10.
C. PAYMENT BOND: A good and sufficient payment bond,
in an amount not less than 100 percent of the
amount of the contract , as evidenced by the
proposal tabulation or otherwise , guaranteeing the
prompt, full and faithful payment of all claimants
as defined in Article 5160 , Revised Civil Statutes
of Texas , 1925 , as amended by House Bill 344 Acts
56th Legislature, Regular Session , 1959 , effective
April 27 , 1959 , and/or the latest version thereof,
qM 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
rabove stipulated are made.
d. OTHER BONDS : Such other bonds as may be required
by these Contract Documents shall be furnished by
the Contractor.
No sureties will be accepted by the Owner which are at the
time in default or delinquent on any bonds or which are
interested in any litigation against the owner . All bonds
shall be made on the forms furnished by the Owner and shall be
executed by an approved surety company doing business in the
City of Fort worth , Texas , and which is acceptable to the
owner . In order to be acceptable, the name of the surety
shall be included on the current U . S . Treasury list of
acceptable sureties, and the amount of bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company. Each bond shall be properly
rexecuted 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
r
C3-3 (3 )
r
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 mhave been accepted by the Owner. _
The contract shall not be operative nor will any payments be
due or paid until approval of the bonds by the Owner.
C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the
Owner has by appropriate resolution, or otherwise, awarded the
contract, the Contractor shall execute and file with the Owner �.
the Contract and such bonds as may be required in the Contract
Documents .
No contract shall be binding upon the owner until it has been
attested by the City Secretary, approved as to form and
legality by the City Attorney, and executed for the Owner by
either the Mayor or City Manager. i
C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the
Awardee to execute the required bond or bonds or to sign the
required contract within ten (10 ) days after the contract is
awarded shall be considered by the Owner as an abandonment of
his proposal , and the Owner may annul the Award. By reason of
the uncertainty of the market prices of material and labor ,
and it being impracticable and difficult to accurately
determine the amount of damages occuring to the Owner by
reason of said awardee ' s failure to execute said bonds and
contract within ten ( 10 ) days , the proposal security
accompanying the proposal shall be the agreed amount of
damages which Owner will suffer by reason of such failure on R
the part of the Awardee and shall thereupon immediately be
forfeited to the Owner.
The filing of a proposal will be considered as an acceptance
of this provision by the Bidder.
C3-3 . 10 BEGINNING WORK: The Contractor shall not commence
work until authorized in writing to do so by the Owner .
Should the Contractor fail to commence work at the site of the
project within the time stipulated in the written _
authorization usually termed the "Work Order" or "Proceed
Order" , it is agreed that the Surety Company will , within ten
( 10 ) days after the commencement date set forth in such
written authorization, commence the physical execution of the
contract.
C3-3 . 11 INSURANCE : The Contractor shall not commence work
under this contract until he has obtained all the insurance
required under the Contract Documents, and such insurance has
been approved by the Owner . The prime Contractor shall be -
responsible for delivering to the Owner the sub-contractors '
C3-3 (4 )
certificate of insurance for approval . The prime contractoc
shall indicate on the certificate of insurance included in the
documents for execution whether or not his insurance covers
sub-contractors . It is the intention of the Owner that the
insurance coverage required herein shall include the coverage
of all sub-contractors.
a. COMPENSATION INSURANCE : The Contractor shall
maintain , during the life of this contract ,
Workers ' Compensation Insurance on all of his
employees to be engaged in work on the project
under this contract, and for all sub-contractors.
In case any class of employees engaged in hazardous
work on the project under this contract is not
protected under the Workers ' Compensation Statute,
the Contractor shall provide adequate employer ' s
general liability insurance for the protection of
such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE : The
Contractor shall procure and shall maintain during
the life of this contract Contractor ' s
Comprehensive General Liability Insurance, ( Public
Liability and Property Damage Insurance ) in an
amount not less than $ 500 , 000 covering each
occurrence on account of bodily injury, including
death, and in an amount not less than $ 500 , 000
covering each occurrence on account of property
damage with $2,000,000 umbrella policy coverage.
C. ADDITIONAL LIABILITY: The Contractor shall
furnish insurance as separate policies or by
additional endorsement to one of the
above-mentioned policies, and in the amount as set
forth for public liability and property damage, the
following insurance:
1. Contingent Liability ( covers General
Contractor ' s Liability for acts of
sub-contractors) .
2. Blasting, prior to any blasting being done.
3 . Collapse of buildings or structures adjacent
to excavation ( if excavations are to be
performed adjacent to same) .
4. Damage to underground utilities foc $500, 000 .
C3-3 (5 )
5. Builder ' s risk (where above-ground structures
are involved) .
a
6. Contractual Liability ( covers all
indemnification requirements of Contract) .
d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY
DAMAGE: The Contractor shall procure and maintain,
during the life of this Contract, Comprehensive
Automobile Liability insurance in an amount not
less than $ 250 , 000 for injuries including
accidental death to any one person and subject to
the same limit for each person an amount not less
than $500 , 000 on account of one accident , and
automobile property damage insurance in an amount
not less than $100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The
insurance required under the above paragraphs shall
provide adequate protection for the Contractor and
his sub-contractors , respectively, against damage
claims which may arise from operations under this
contract, whether such operations be by the insured
or by anyone directly or indirectly employed by
him, 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 the sub - contractor , should the Prime
Contractor ' s insurance not cover the
sub-contractor ' s work operations ,
g. LOCAL AGENT FOR INSURANCE AND BONDING : The
insurance and bonding companies with whom the
Contractor ' s insurance and performance , payment,
maintenance and all such other bonds are written
shall be represented by an agent or agents having
an office located within the city limits of the
C3-3 ( 6 )
City of Fort 'north , Tarrant County, Texas . Each
such agent shall be a duly qualified, one upon whom
service of process may be had , and must have
authority and power to act on behalf of the
insurance and/or bonding company to negotiate and
- settle with the City of Fort Worth , or any other
claimant , any claims that the City of Fort Worth or
other claimant or any property owner who has been
damaged , may have against the Contractor ,
insurance , and/or bonding company. If the local
insurance representative is not so empowered by the
., insurance or bonding companies, then such authority
must be vested in a local agent or claims officer
residing in the Metroplex , the Fort Worth-Dallas
area. The name of the agent or agents shall be set
forth on all of such bonds and certificates of
insurance.
C3-3 . 12 CONTRACTOR' S OBLIGATIONS : Under the Contract , the
Contractor shall pay for all materials , labor and services
when due.
C3-3 . 13 WEEKLY PAYROLL : A certified. copy of each payroll
covering payment of wages to all person engaged in work .on the
project at the site of the project shall be furnished to the
Owner ' s representative within seven ( 7 ) days after the close
of each payroll period . �, copy or copies of the applicable
minimum wage rates as set forth in the Contract Oocuments
shall be kept posted in a conspicuous place at the site of the
project at all times during the course of the Contract .
Copies of the wage rates will be furnished the Contractor, by
the Owner; however, posting and protection of the wage rates
shall be the responsibility of the Contractor.
C3-3 . 14 CONTRACTOR' S CONTRACT ADMINISTRATION: Any Contractor ,
whether a person , persons , partnership , company , firm ,
association , corporation or other who is approved to do
business with and enters into a contract with the City for
construction of water and/or sanitary sewer facilities, will
have or shall establish a fully operational business office
within the Fort Worth- Dallas metropolitan area . The
- Contractor shall charge, delegate , or assign this office ( or
he may delegate his project Superintendent ) with full
authority to transact all business actions required in the
performance of the Contract . This local authority shall be
made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be
administrative or otherwise and as such shall be empowered ,
thus delegated and dir =_cted, to settle all mat=_rial, labor or
other expenditures , all claims against- the work or any other
C3-3 (7 )
matter associated such as maintaining adequate and appropriate _
insurance or security coverage for the project . Such local
authority for administration of the work under the Contract
shall be maintained until all business transactions executed
as part of the Contract are complete.
Should the Contractor ' s principal base of operations be other
than in the Fort Worth-Dallas metropolitan area, notification
of the Contractor ' s assignment of local authority shall be
made in writing to the Engineer in advance of any work on the
project, all appropriately signed and sealed, as applicable,
by the Contractor ' s responsible officers with the
understanding that this written assignment of authority to a
local representative shall become part of the project Contract
as though bound directly into the project documents . The _
intent of these requirements is that all matters associated
with the Contractor ' s administration, whether it be oriented
in furthering the work, or other, be governed direct by local
authority. This same requirement is imposed on insurance and
surety coverage. Should the Contractor' s local representative
fail to perform to the satisfaction of Engineer, the Engineer,
at his sole discretion , may demand that such local
representative be replaced and the Engineer may, at his sole
discretion , stop all work until a new local authority
satisfactory to the Engineer is assigned . No credit of
working time will be for periods in which work stoppages are
in effect for this reason.
C3-3 . 15 VENUE : Venue of any action hereinunder shall be
exclusively in Tarrant County, Texas .
C3-3 (8 )
PART C - GENERAL CONDITIONS
C4-4 SCOPE OF WORK
SECTION C4-4 SCOPE OF WORK
C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite
intention of these Contract Documents to provide for a
complete , useful project which the Contractor undertakes to
construct or furnish , all in full compliance with the
requirements and intent of the Contract Documents . It is
definitely understood that the Contractor shall do all work as
provided for in the Contract Documents, shall do all extra or
special work as may be considered by the Owner as necessary to
complete the project in a satisfactory and acceptable manner.
The Contractor shall, unless otherwise specifically stated in
these Contract Documents, furnish all labor, tools , materials,
machinery , equipment , special services , and incidentals
necessary to the prosecution and completion of the project.
C4-4 . 2 SPECIAL 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 anticipated, or should there be any additional
proposed work which is not covered by these Contract
Documents , then "Special Provisions" covering all such work
will be prepared by the Owner previous to the time of
receiving bids or proposals for such work and furnished to the
Bidder in the form of Addenda. All such "Special Provisions"
shall be considered to be a part of the Contract Documents
just as though they were originally written therein.
C4-4 . 3 INCREASED OR DECREASED QUANTITIES: 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 altered , increased or decreased at the unit prices .
Such increased or decreased quantity shall not be more than 25
percent of the contemplated quantity of such item or items .
When such changes increase or decrease the original quantity
of any item or items of work to be done or materials to be
furnished by the 25 percent or more, then either party to the
contract shall upon written request to the other party be
entitled to a revised consideration upon that portion of the
work above or below the 25 percent of the original quantity
stated in the proposal ; such revised consideration to be
determined by special agreement or as hereinafter provided for
"Extra Work . " No allowance will be made for any changes in
anticipated profits nor shall such changes be considered as
C4-4 (l )
waiving or invalidating any conditions or provisions of the
Contract Documents .
Variations in quantities of sanitary sewer pipes in depth
categories , shall be interpreted herein as applying to the -
overall quantities or sanitary sewer pipe in each pipe size,
but not to the various depth categories.
C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the
Owner reserves the right to make such changes in the Contract
Documents and in the character or quantities of the work as
may be necessary or desirable to insure completion in the most
satisfactory manner ,. provided such changes do not materially
alter the original Contract Documents or change the general
nature of. the project as a whole. Such changes shall not be
considered, as waiving or invalidating any condition or
provision of the Contract Documents.
C4-4 . 5 EXTRA WORK: Additional work made necessary by changes
and alterations of the Contract Documents or of quantities or
for other reasons for which no prices are provided in the
Contract Documents, shall be defined as "Extra Work" and shall
be performed by the Contractor in accordance with these
Contract Documents or approved additions thereto; _provided ,
however, that before any extra work is begun a "Change Order"
shall be executed or written order issued by the Owner to do
the work for payments or credits as shall be determined by one
or more combination of the following methods :
a. Unit bid price previously approved.
b. An agreed lump sum.
C. The actual reasonable cost of ( 1 ) labor, (2 ) rental
of equipment used on the extra work for the time so
used at Associated General Contractors of America
current equipment rental rates ; ( 3 ) materials
entering permanently into the project , and ( 4 ) "
actual cost of insurance , bonds , and social
security as determined by the Owner , plus a fixed
fee to be agreed upon but not to exceed 10% of the
actual cost of such extra work. The fixed fee is ■
not to include any additional profit to the
Contractor for rental of equipment owned by him and
used for the extra work. The fee shall be full and r
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 )ceec
accurate cost records on the form and in the method
w
C4-4 ( 2 )
suggested by the Owner and shall give the Owner
} access to all accounts , bills , vouchers , and
records relating to the Extra Work.
No "Change Order" shall become effective until it has been
approved and signed by each of the Contracting parties.
No claim for Extra Work of any kind will be allowed unless
ordered in writing by the Owner . In case any orders or
instructions , either oral or written, appear to the Contractor
to involve Extra Work for which he should receive
' compensation , he shall make written request to the Engineer
for written orders authorizing such Extra Work , prior to
beginning such work.
Should a difference arise as to what does or does not
constitute Extra Work, or as to the payment thereof , and the
Engineer insists upon its performance, the Contractor shall
proceed with the work after making written request for written
orders and shall keep an accurate account of the actual
reasonable cost thereof as provided under method ( Item C ) .
Claims for extra work will not be paid unless the Contractor
shall file his claim with the Owner within five ( 5 ) days
before the time For making the first estimate after such work
is done and unless the claim is supported by satisfactory
vouchers and certified payrolls covering 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
installation.
The compensation agreed upon for ' extra work' whether or not
iniitiated by a ' change order ' shall be a full , complete and
final payment for all costs Contractor incurs as a result or
relating to the change or extra work, whether said costs are
known , unknown, foreseen or unforeseen at that time, including
without limitation, any costs for delay, extended overhead ,
ripple or impact cost , or any other affect on changed or
unchanged work as a result or the c':iang: or extra work.
C4- 4 . 6 SCHEDULE OF OPERATIONS : Before commencing any work
under this contract, the Contractor shall submit to the Owner
and receive the Owner ' s approval thereof , a " Schedule of
Operations , " showing by a straight line method the date of
commencing and finishing each of the major elements of the
contract . There shall be also shown th,� estimated monthly
cost of work for which estimates are to be expected. Thera
C4-4 ( 3 )
shall be presented also a composite graph showing the
anticipated progress of construction with the time being
plotted horizontally and the percentage of completion plotted
vertically. The progress charts shall be prepared on 8-1/2" x
11" sheets and at least five black or blue line prints shall
be furnished to the Owner.
C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT -
FACILITIES : Within ten ( 10 ) days prior to submission of
first monthly progress payment , the Contractor shall
prepare_ and submit to the Owner for approval six copies of
the schedule in which the Contractor proposes to carry on
the work, the date of which he will start the several major
activities ( including procurement of materials, plans, and :
equipment) and the contemplated dates for completing the
same . The schedule shall be in the form of a time schedule
Critical Path Method (CPM) network diagram. As the work
progresses , the Contractor shall entar on the diagram the
actual progress at the end of each partial payment period
or at such intervals as directed by the Engineer. The
Contractor shall also revise the schedule to reflect any x
adjustments in contract time approved by the Engineer.
Three copies of the updated schedule shall be delivered at
such intervals as directed by the Owner.
As a minimum, the construction schedule shall incorporate
all work elements and activities indicated in the proposal _
and in the technical specifications.
Prior to the final drafting of the detailed construction
schedule, the Contractor shall review the draft schedule
with the Engineer to ensure the Contractor ' s understanding
of the contract requirements .
The following guidelines shall be adhered to in preparing -
the construction schedule:
a. Milestone dates and final project completion
:gates shall be developed to conform to time
constraints , sequencing requirements and
completion time. -
b. The construction process shall be divided into
activities with time durations of approximately
fourteen ( 14 ) days and construction values not to
exceed $ 50 , 000 . Fabrication , delivery and
submittal .activities are exceptions to this
guideline.
C4-4 ( 4 )
w
c. Durations .shall be in calendar days and normal
holidays and weather conditions over the duration
o° the contract shall be accoanted for within the
duration of each activity.
d. One critical path shall be shown on the
construction schedule.
e. Float time is defined as the amount of time
between the earliest start date and the latest
start date of a chain of activities of the CPM
construction schedule. Float time is not for the
exclusive use or benefit of either the Contractor
or the Owner.
f. Thirty days shall be used for submittal review
unless otherwise specified.
The construction schedule shall as a minimum be divided
into general categories as indicated in the Proposal and
Technical Specifications and each general category shall be
broken down into activities in enough detail to achieve
activities of approximately fourteen (14 ) days duration.
For each general category, the construction schedule shall
identify all trades or subcontracts whose work is
represented by activities that follow the guidelines of
4 this Section.
For each of the trades or subcontracts , the construction
schedule shall indicate the following procurements ,
construction and preacceptance activities and events in
their logical sequence for equipment and materials .
` 1 . Preparation and transmittal of submittals .
2 . Submittal .review periods .
F
3 . Shop fabrication and delivery.
4 . Erection or installation.
S . Transmittal of manufacturer ' s operation and
maintenance instructions .
6 . Installed equipment and materials testing.
7 . Owner ' s operator instruction ( if applicable) .
8 . Final inspection.
9 . Operational testing.
19. Final inspection.
If , in the opinion of the Owner, work accomplished falls
behind that scheduled , the Contractor shall take such
action as necessary to improve his progress. In addition,
the Owner may require the Contractor to submit a revised
schedule demonstrating his program and proposed plan to
make up lag in scheduled progress and to insure completion
of the work within the contract time . If the Owner finds
the proposed plan not acceptable , he cnay require the
Contractor to increase the work force, the construction
plant and equipment , the number of work shifts or the
overtime operations without additional cost to the Owner.
Failure of the Contractor to comply with these requirements „
shall be considered grounds for determination by the Owner
that the Contractor is failing to prosecute the work :with
such diligence as will insure its completion within the
time specified.
a
e
C4-41 ( 5 )
i
PART C - GENERAL CONDITIONS
C5-5 CONTROL OF WORK AND
MATERIALS
i
SECTION C5-5 CONTROL OF WORK AND MATERIALS
C5-5 . 1 AUTHORITY OF ENGINEER: The work shall be performed to
the satisfaction of the Engineer and in strict compliance with
the Contract Documents . He shall decide all questions which
arise as to the quality and acceptability of materials
furnished , work performed, rate of progress of the work,
overall sequence of the construction , interpretation of the
Contract Documents , acceptable fulfillment of the contract,
compensation, mutual rights between Contractor and Owner under
these Contract Documents , supervision of the work, resumption
of operations , and all other questions or disputes which may
arise . Engineer will not be responsible for Contractor ' s
means , methods , techniques , sequences or procedures of
construction , or the safety precaution and programs incident
thereto , and he will not be responsible for Contractor ' s
failure to perform the work in accordance with the. contract
documents.
He shall determine the amount and quality of the work
completed and materials furnished , and his decisions and
estimates shall be final . His estimates in such event shall
be a condition to the right of the Contractor to receive money
due him under the Contract . The Owner shall have executive
authority to enforce and make effective such necessary
decisions and orders as the Contractor fails to carry out
promptly.
In the event of any dispute between the Engineer and
Contractor over the decision of the Engineer on any such
matters , the Engineer must, within a reasonable time, upon
written request of the Contractor, render and deliver to both
the Owner and Contractor , a written decision on the matter in
controversy.
C5-5 . 2 CONFORMITY WITH PLANS : The finished project in all
cases shall conform with lines , grades , cross-sections ,
finish , and dimensions shown on the plans or any other
requirements otherwise described in the Contract Documents .
Any deviation from the approved Contract Documents required by
. the Engineer during construction will in all cases be
determined by the Engineer and authorized by the Owner by
Change Order.
,. C5-5 (1)
C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS : The Contract
Documents are made up of several sections , which , taken
together , are intended to describe and provide for a complete
and useful project, and any requirements appearing in one of
the sections is as binding as though it occurred in all
sections. In case of discrepancies, figured dimension shall
govern over scaled dimensions , plans shall govern over
specifications, special conditions shall govern over general
conditions and standard specifications, and quantities shown
on the plans shall govern over those shown in the proposal.
The Contractor shall not take advantage of any apparent error
or omission in the Contract Documents , and the Owner shall be
permitted to make such corrections or interpretations as may
be deemed necessary for the fulfillment of the intent of the
Contract Documents . In the event the Contractor discovers an
apparent error or discrepancy, he shall immediately call this
condition to the attention of the Engineer. In the event of a
conflict in the drawings, specifications, or other portions of
the Contract Documents which were not reported prior to the
award of Contract, the Contractor shall be deemed to have
quoted the most expensive resolution of the conflict.
C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be
furnished with three sets of the Contract Documents and shall
have available on the site of the project at all times one set
of such Contract Documents.
The Contract shall give to the work the constant attention
necessary to facilitate the progress thereof and shall
cooperate with the Engineer , his inspector , and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel
available to the project site for proper performance of the
work. The Contractor shall provide and maintain at all times
at the site of the project a competent , English-speaking
superintendent and an assistant who are fully authorized to
act as the Contractor ' s agent on the work . Such
superintendgnt and his assistant shall be capable of reading
and understanding the Contract Documents and shall receive and
fulfill instructions from the Owner , the Engineer , or his
authorized representatives . Pursuant to this responsibility
of the Contractor, the Contractor shall designate in writing
to the project superintendent, to act as the Contractor ' s
agent on the work. Such assistant project superintendent
shall be a resident of Tarrant County, Texas and shall be
subject to call, as is the project Superintendent, at any time
of the day or night on any day of the week on which the
Engineer :determines that circumstances require the presence on
the project site of a representative of the Contractor to
C5-5 ( 2 )
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the
opinion of the Owner or Engineer, a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative , shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition . Such a
response sha'11 occur day or night, whether the project is
scheduled on a calendar-day or on a working-day basis .
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies , omissions , or
corrections necessary to conform with the requirements of the
project specifications or plans , the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition. In the event the
Contractor does not take positive steps to fulfill this
written request, or does not show just cause for not taking
the proper action, within 24 hours , the City may take such
remedial action with City forces or by contract. The City
shall then deduct an amount equal to the entire costs for such
r remedial action, plus 25% , from any funds due the Contractor
on the project.
C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no
extra compensation , an adequate field office for use of the
Engineer , if specifically called For. The field office shall
be not less than 10 by 14 feet in floor area , substantially
constructed,, well 'heated , air conditioned , lighted, and
weather-proof , so that documents will not be damaged by the
elements.
C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer,
will furnish the Contractor with all lines , grades , and
measurements necessary to the proper prosecution and control
of the work contracted for under these Contract Documents , and
lines , grades and measurements will be established by means of
stakes or other customary method of marking as may be found
consistent with good practice.
C5-5 ( 3 )
4
2. Notify each customer personally through
responsible personnel as to time and schedule
of the interruption of their service, or
3. In the event that personal notification of a
customer cannot be made, a prepared tag form
shall be attached to the customer ' s entrance
door knob . The tag shall be durable in
composition, and in large bold type shall say:
"NOTICE"
Due to Utility Improvement in
your neighborhood, your (water)
(sewer) service will be inter-
rupted on between
the hours of and
This inconvenience will be as
short as possible.
Thank you,
Contractor
Address Phone
b. Emergency: In the event that an unforeseen service
interruption occurs , notice shall be as above, but jR
immediate.
C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If , through
acts or neglect on the part of the Contractor , any other
Contractor or any sub-contractor shall suffer loss or damage
on the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If
such other Contractor or sub-contractor shall assert any claim
against the Owner on account of any damage alleged to have
been sustained, the Owner will notify the Contractor , who
shall indemnify and save harmless the Owner against any such
claim.
C5-5 . 17 CLEAN-UP: Clean-up of surplus and/or waste materials
accumulated on the job site during the prosecution of the work
under these Contract Documents shall be accomplished in
keeping with a daily routine established to the the
satisfaction of the Engineer . Twenty-fours fours after "
written notice is given to the Contractor that the clean-up on
the job sites is proceeding in a manner unsatisfactory to the
Engineer , if the Contractor fails to correct the 7
C5-5 (8 )
adequately provide for the safety or convenience of the
traveling public or the owners of property across which the
project extends or the safety of property contiguous to the
project routing.
The Contractor shall provide all facilities to enable the
Engineer and his inspector to examine and inspect the
workmanship and materials entering into the work.
C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the
opinion of the Owner or Engineer , a condition of emergency
exists related to any part of the work, the Contractor, or the
Contractor through his designated representative , shall
respond with dispatch to a verbal request made by the Owner or
Engineer to alleviate the emergency condition . Such a
response shall occur day or night , whether the project is
scheduled on a calendar-day or on a working-day basis .
Should the Contractor fail to respond to a request from the
Engineer to rectify any discrepancies , omissions , or
corrections necessary to conform with the requirements of the
project specifications or plans , the Engineer shall give the
Contractor written notice that such work or changes are to be
performed. The written notice shall direct attention to the
discrepant condition and request the Contractor to take
remedial action to correct the condition . In the event the
Contractor does not take positive steps to fulfill this
written request , or does not show just cause for not taking
the proper action , within 24 hours , the City may take such
remedial action with City forces or by contract . The City
shall then deduct an amount equal to the entire costs for such
remedial action, plus 25% , from any funds due the Contractor
y on the project.
C5-5 . 6 FIELD OFFICE : The Contractor shall provide, at no
extra compensation , an adequate field office for use of the
Engineer , if specifically called for. The field office shall
be not less than 10 by 14 feet in floor area , substantially
constructed,, well 'heated , air conditioned , lighted , and
weather-proof , so that documents will not be damaged by the
elements.
C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer,
will furnish the Contractor with all lines , grades , and
measurements necessary to the proper prosecution and control
3 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.
C5-5 (3 )
These stakes or markings shall be set sufficiently in advance
of construction operations to avoid delay . Such stakes or Y
markings as may be established for the Contractor ' s use or
guidance shall be preserved by the Contractor until he is
authorized by the Engineer to remove them. whenever, in the _
opinion of the Engineer , any stakes or markings have been
carelessly or willfully destroyed, disturbed, or removed by
the Contractor or any of his employees , the full cost of
replacing such stakes or marks plus 25% will be charged _
against the Contractor, and the full amount will be deducted
from payment due the Contractor.
C5 -5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City
Inspectors will be authorized to inspect all work done and to
be done and- all materials furnished. Such inspection may
extend to all or any part of the work, and the preparation or
manufacturing of the materials to be used or equipment to be
installed. A City Inspector may be stationed on the work to
report to the Engineer as to the progress of the work and the
manner in which it is being performed, to report any evidence
that the materials being furnished or the work being performed
by the Contractor fails to fulfill the requirements of the
Contract Documents , and to call the attention of the
Contractor to any such failure or other infringements . Such
inspection or lack of inspection will not relieve the
Contractor from any obligation to perform the work in
accordance with the requirements of the Contract ?documents.
In case of any dispute arising between the Contractor and the
City Inspector as to the materials or equipment furnished or
the manner of performing the work, the City Inspector will
have authority to reject materials or equipment to suspend
work until the question at issue can be referred to and be
decided by the Engineer . The City Inspector will not ,
however, be authorized to revoke, alter, enlarge, or release
any requirement of these Contract Documents, nor to approve or -
accept any portion or section of the work, nor to issue any
instructions contrary to the requirements of the Contract
Documents . He will in no case act as superintendent or
foreman or ,perform any other duties for the Contractor, or
interfere with the management or operation of the work. He
will not accept from the Contractor any compensation in any
form for performing any duties . The Contractor shall regard r.
and obey the directions and instructions of the City Inspector
or Engineer when the same are consistent with the obligations
of the Contract Documents , provided, however, should the -
Contractor object to any orders or instructions of the City
Inspector , the Contractor may within six days make written
appeal to the Engineer for his decision on the matter in
controversy.
C5-5 (4 )
C5-5 . 9 INSPECTION: The Contractor shall furnish the Engineer
with every reasonable facility for ascertaining whether or not
the work as performed is in accordance with the requirements
of the Contract Documents . If the Engineer so requests , the
Contractor shall , at any time before acceptance of the work,
remove or uncover such portion of the finished work as may be
t directed. After examination, the Contractor shall restore
said portions of the work to the standard required by the
Contract Documents.
Should the work exposed or examined prove acceptable, the
uncovering or removing and replacing of the covering or making
good of the parts removed shall be paid for as extra work, but
should be work so exposed or examined prove to be
unacceptable, the uncovering or removing and the replacing of
all adjacent defective or damaged parts shall be at the
Contractor ' s expense. No work shall be done or materials used
without suitable supervision or inspection.
C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work,
materials , or equipment which has been rejected shall be
remedied or removed and replaced in an acceptable manner by
the Contractor at his own expense. Work done beyond the lines
and grades given or as shown on the plans , except as herein
specifically provided, or any Extra Work done without written
authority, will be considered as unauthorized and done at the
3 expense of the Contractor and will not be paid for by the
Owner . Work so done may be ordered removed at the
Contractor ' s expense . Upon the failure on the part of the
Contractor to comply with any order of the Engineer made under
the provisions of this paragraph , the Engineer will have the
authority to cause defective work to be remedied or removed
and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due to
the Contractor . Failure to require the removal of any
detective or unauthorized work shall not constitute acceptance
of such works.
C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT . If the
Specifications , law, ordinance, codes or regulations permit
Contractor to furnish or use a substitute that is equal to any
material or equipment specified, and if Contractor wishes to
furnish or use a proposed substitute , he shall, prior to the
preconstruction conference , make written application to
ENGINEER for approval of such substitute certifying in writing
that the proposed substitute will perform adequately the
functions called for by the general design, be similar and of
equal substance to that specified and be suited to the same
use and capable of performing the same function as that
specified; and identifying all variations of the proposed
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substitute from that specified and indicating available r
maintenance service . No substitute shall be ordered or
installed without the written .approval of Engineer who will be a.
the judge of the equality and may require Contractor to
furnish such other data about the proposed substitute as he
considers pertinent . No substitute shall be ordered or
installed without such performance guarantee and bonds as
Owner may require which shall be furnished at Contractor ' s
expense. Contractor shall indemnify and hold harmless Owner
and Engineer and anyone directly or indirectly employed by -
either of them from and against the claims , damages, losses
and expenses ( including attorneys fees ) arising out of the use
of substituted materials or equipment.
C5-5 . 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion
of the Engineer, or as called for in the Contract Documents,
tests of materials or equipment are necessary, such tests will
be made at the expense of and paid for direct to the testing
agency by the Owner unless otherwise specifically provided.
The failure of the Owner to make any tests of materials shall -
be in no way relieve the Contractor of his responsibility of
furnishing materials and equipment fully conforming to the
requirements of the Contract Documents. Tests and sampling of
materials , unless otherwise specified , will be made in
accordance with the latest methods prescribed by the American
Society for Testing Materials or specific requirements of the
Owner. The Contractor shall provide such facilities as the
Engineer may require for collecting and forwarding samples and
shall not , without specific written permission of the
Engineer, use the materials represented by the samples until
tests have been made and the materials approved for use. The
Contractor will furnish adequate samples without charge to the
Owner.
In case of concrete , the aggregates , design minimum, and the
mixing and transporting equipment shall be approved by the
Engineer before any concrete is placed, and the Contactor
shall be responsible for replacing any concrete which does not
meet the requirements of the Contract Documents. Tests shall
be made at least 9 days prior to the placing of concrete ,
using samples from the same aggregate, cement, and mortar
which are to be used later in the concrete . Should the source
of supply change, new tests shall be made prior to the use of
the new materials .
C5-5 . 13 STORAGE OF MATERIALS : All materials which are to be
used in the construction operation shall be stored so as to
insure the preservation of the quality and fitness of the work.
When directed by the Engineer, they shall be placed on wooden
platforms or other hard, clean durable surfaces and not on the
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ground, and shall be placed under cover when directed. Stored
materials shall be placed and located so as to facilitate
prompt inspection.
C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and
dimensions shown on the Plans relative to existing utilities
are based on the best information available. Omission from, or
the inclusion of utility locations on the Plans is not to be
considered as the nonexistence of, or a definite location of,
existing underground utilities . The location of many gas
mains , water mains , conduits , sewer lines and service lines
for all utilities , etc . .,. is unknown to the Owner , and the
Owner assumes no responsibility for failure to show any or all
such structures and utilities on the plans or to show them in
their exact Jocation. It is mutually agreed that such failure
will not be considered sufficient basis for claims for
additional compensation for Extra Work or for increasing the
pay quantities in any manner whatsoever, unless an obstruction
encountered is such as to necessitate changes in the lines and
grades of considerable magnitude or requires the building of
special works, provision for which is not made in the Contract
Documents , in which case the provision in these Contract
Documents for Extra Work shall apply.
It shall be the Contractors responsibility to verify locations
of adjacent and/or conflicting utilities sufficiently in
advance of construction in order that he may negotiate such
local adjustments as necessary in the construction process to
provide adequate clearances . The Contractor shall take all
necessary precautions in order to protect all existing
utilities , :structures and service lines . Verification of
existing utilities, structures and service lines shall include
notification of all utility companies at least forty eight
h ( 48 ) hours in advance of construction including exploratory
excavation if necessary . All verification of existing
utilities and their adjustment shall be considered as
subsidiary work.
C5-5. 15 INTERRUPTION OF SERVICE:
a. Normal Prosecution: In the normal prosectuion of
work where the interruption of service is necessary,
the Contractor, at least 24 hours in advance, shall
be required to:
1 . Notify the Water Department ' s Distribution
Division as to location , time , and schedule of
service interruption.
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