EXHIBIT B

Transcription

EXHIBIT B

TABLE OF CONTENTS
01 – Project Information
Title Page
02 – Front End Documents
Table of Contents
Notice to Bidders
Special Instruction to Bidders
03 – MWBE Documentation
MWBE Special Instructions
MWBE Subcontractors/Suppliers Utilization Form
MWBE Prime Contractor Waiver
MWBE Good Faith Effort
MWBE Joint Venture
04 – Bid Package
Bid Proposal Workbook
05 – General and Special Conditions
Part C - General Conditions
Supplementary Conditions to Part C
Compliance with and Enforcement of Prevailing Wage Laws
Wage Rate M&C
05 – Technical Specifications
Technical Specifications Index (TxDOT)
06 – Contracts, Bonds, and Insurance
Certificate of Insurance
Contractor Compliance with Workers’ Compensation Law
Conflict of Interest Questionnaire
Disclosure of Lobbying Activities
Non-Collusion Affidavit
Performance Bond
Payment Bond
Maintenance Bond
City of Fort Worth Contract
07 – Appendices
BNSF Major Insurance Requirements
Sample BNSF Right of Entry Form
08 – Addenda
Addenda Index
NOTICE TO BIDDERS
Sealed proposals for the following:
Hemphill West Quiet Zone
City Project No. 00260
Addressed to the
CITY OF FORT WORTH
PURCHASING DIVISION
1000 THROCKMORTON STREET
FORT WORTH, TEXAS 76102
will be received at the Purchasing Office until 1:30 PM, Thursday, September 9, 2010 and then
publicly opened and read aloud at 2:00 PM in the Council Chambers. Contract documents, including
plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth’s
Purchasing Division website at http://www.fortworthgov.org/purchasing/ and clicking on the project
link. This link will take you to the advertised project folders on the City’s Buzzsaw site, where the
plans and contract documents may be downloaded, viewed, and printed by interested contractors
and/or suppliers.
Hard copies of plans and contract documents are available beginning Monday, August 23, 2010 at
the City, at a cost of $30 per set (non-refundable). The documents are located at 5001 James
Avenue, Fort Worth, TX 76115. Please contact Homero Beltran for assistance.
The major work will consist of the (approximate) following:
Construction of quiet zone improvements consisting of removal of pavement and
pavement markings and installation of curb, signing, and pavement markings
Included in the above will be all other miscellaneous items of construction as outlined in the
Plans, General Contract Documents and Specifications.
Bid security is required in accordance with the Special Instruction to Bidders. Bidders are responsible
for obtaining all Addenda to the contract documents and acknowledging receipt of the Addenda by
initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all
addenda may be rejected as being non-responsive. All addenda will be made available on-line with
the contract documents. Contractors and/or suppliers are requested to register as plan holders on-line
(on Buzzsaw site) in order to receive notifications regarding the issuance of addenda. It shall be the
bidding contractor’s sole responsibility to verify they have received and considered all
addenda, prior to submitting a bid.
For additional information, please contact Joshua Mieth, P.E. with HNTB Corporation at
Telephone Number: 512-691-2265 or by email: jmieth@hntb.com, and/or Homero Beltran,
Project
Manager,
TPW
Department
at
817-392-8061
or
by
email:
Homero.Beltran@fortworthgov.org.
A pre-bid conference will be held on September 2, 2010 at 10:00 a.m., in the TPW Training
Room, 5001 James Avenue, Fort Worth, TX 76115. Bidders are encouraged to review the
plans and specifications prior to the pre-bid conference.
Advertising Dates:
August 19, 2010
August 26, 2010
Rev 2-2-10_TPW
NB-1
SPECIAL INSTRUCTION TO BIDDERS
(TRANSPORTATION AND PUBLIC WORKS)
1.
BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in
an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid,
and is subject to forfeit in the event the successful bidder fails to execute the contract documents within
ten (10) days after the contract has been awarded.
To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of
Texas. In addition, the surety must (1) hold a certificate of authority from the United States secretary of
the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have
obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and
admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United
States secretary of the treasury to qualify as a surety on obligations permitted or required under federal
law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in
its sole discretion, will determine the adequacy of the proof required herein.
2.
PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering
into a contract for the work will be required to give the City surety in a sum equal to the amount of
the contract awarded. In this connection, the successful bidder shall be required to furnish a
performance bond and a payment bond, both in a sum equal to the amount of the contract awarded.
The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All
bonds furnished hereunder shall meet the requirements of Chapter 2253, Texas Government Code.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the United States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000
from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder
of a certificate of authority from the United States secretary of the treasury to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of
the proof required herein.
The City will accept no sureties who are in default or delinquent on any bonds or who have an
interest in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the
contractor shall immediately provide a new surety satisfactory to the City.
If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of
the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of
the work.
If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount
of the contract conditioned on the faithful performance of the work in accordance with the plans,
specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort
Worth.
All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the
original contract amount to guarantee the work for a period of two (2) years after the date of
acceptance of the project from defects in workmanship and/or material.
Rev 3-13-09
3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of
the "General Provisions" of the Standard Specifications for Street and Storm Drain Construction of the
City of Fort Worth, Texas, concerning liquidated damages for late completion of projects.
4. AMBIGUITY: In 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.
5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by
City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting
discrimination in employment practices.
6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is
deleted and replaced with the following:
(a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code,
including the payment of not less than the rates determined by the City Council of the City of Fort
Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code.
Such prevailing wage rates are included in these contract documents.
(b) The contractor shall, for a period of three (3) years following the date of acceptance of the work,
maintain records that show (i) the name and occupation of each worker employed by the contractor in
the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each
worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of
the special provision titled "Right to Audit" pertain to this inspection.
(c) The contractor shall include in its subcontracts and/or shall otherwise require all of its
subcontractors to comply with paragraphs (a) and (b) above.
(d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that
the contractor has complied with the requirements of Chapter 2258, Texas Government Code.
(e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the
project at all times.
Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted.
7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of
Transportation and Public Works if required for use by the CITY OF FORT WORTH in determining the
successful bidder. This statement, if required, is to be prepared by an independent Public Accountant
holding a valid permit issued by an appropriate State Licensing Agency.
8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide,
along with executed contract documents and appropriate bonds, proof of insurance for Worker's
Compensation and Comprehensive General Liability (Bodily Injury-$500,000 each person, $1,000,000
each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each occurrence). The City
reserves the right to request any other insurance coverages as may be required by each individual
project.
Rev 3-13-09
9. ADDITIONAL INSURANCE REQUIREMENTS:
a. The City, its officers, employees and servants shall be endorsed as an additional insured on
Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's
workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the
respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX
76102, prior to commencement of work on the contracted project.
c. Any failure on part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice
shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best
rating of A: VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per
occurrence unless otherwise approved by the City.
g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider
alternative coverage or risk treatment measures through insurance pools or risk retention groups. The
City must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the project shall be
endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
i.
City shall not be responsible for the direct payment of insurance premium costs for contractor's
insurance.
j.
Contractor's insurance policies shall each be endorsed to provide that such insurance is primary
protection and any self-funded or commercial coverage maintained by City shall not be called upon to
contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to City's officially
designated contract administrator any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
Contractor's liability shall not be limited to the specified amounts of insurance required herein.
m. Upon the request of City, Contractor shall provide complete copies of all insurance policies
required by these contract documents.
10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of
Fort Worth will not award this contract to a non resident 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.
Rev 3-13-09
"Nonresident bidder" means a bidder whose principal place of business is not in this state, but
excludes a contractor whose ultimate parent company or majority owner has its principal place of
business in this state.
"Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a
contractor whose ultimate parent company or majority owner has its principal place of business in this
state.
This provision does not apply if this contract involves federal funds.
The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its
bid to meet specifications. The failure of a nonresident contractor to do so will automatically
disqualify that bidder.
11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth
Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business
enterprises and women business enterprises in City contracts. A copy of the Ordinance can be
obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE
UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME
C O NT RA CT O R WAI VE R F O RM, an d/ or th e G O O D F A IT H E F F O RT F O RM
("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation
must be received by the managing department no later than 5:00 p.m., five (5) City business days
after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the
managing department to whom delivery was made. Such receipt shall be evidence that the
documentation was received by the City. Failure to comply shall render the bid non-responsive.
Upon request, Contractor agrees to provide the Owner complete and accurate information regarding
actual work performed by a minority business enterprise (MBE) and/or 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 commission of fraud by the Contractor will be grounds for termination of
the contract and/or initiating action under appropriate Federal, State or local laws or ordinances
relating to false statements. Further, any such misrepresentation facts (other than a negligent
misrepresentation) and/or commission of fraud will result in the Contractor being determined to be
irresponsible and barred from participating in City work for a period of time of not less that three (3)
years.
12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City
reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be
withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM,
PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT
VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if
made, will be within ninety (90) days after this documentation is received, but in no case will the award
be made until all the responsibility of the bidder to whom it is proposed to award the contract has been
verified.
13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for
each pay period. Payment of the remaining amount shall be made with the final payment, and upon
acceptance of the project.
Rev 3-13-09
14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid
receipt time and acknowledging them at the time of bid receipt. Information regarding the status of
addenda may be obtained on-line on City’s Buzzsaw site or by contacting the City Project Manager.
Bids that so not acknowledge all applicable addenda may be rejected as non-responsive.
15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.
Workers Compensation Insurance Coverage
a. Definitions:
Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance
coverage for the person's or entity's employees providing services on a project, for the
duration of the project.
Duration of the project-includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or
entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or toner services related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office
supply deliveries, and delivery of portable toilets.
b.
The contractor shall provided coverage, based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor
providing services on the project, for the duration of the project.
c.
The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
d.
If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
e.
The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
Rev 3-13-09
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
f.
The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter
g. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within ten (10) days after the contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing services
on the project.
h. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Worker's Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
(1) provide coverage, based on proper reporting on classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas labor Code, Section 401.011 (44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a)
a certificate of coverage, prior to the other person beginning work on the
project; and
(b)
a new certificate of coverage showing extension of coverage, prior to the end of
the coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter.
(6) notify the governmental entity in wiring by certified mail or personal delivery, within
ten (10) days after the person knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
Rev 3-13-09
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor
who will provide services on the project will be covered by worker's compensation
coverage for the duration of the project, that the coverage will be based on proper reporting
of classification codes and payroll amounts, and that all coverage agreements will be filed
with the appropriate insurance carrier or, in the case of a self insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading
information may subject the contractor to administrative, criminal, civil penalties or other
civil actions.
k. The contractor's failure to comply with any of these provisions is a breach of contract by
the contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
B. The contractor shall post a notice on each project site informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify current coverage and
report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the
Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice
must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and
shall be in both English and Spanish and any other language common to the worker population. The text
for the notices shall be the following text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE"
The law requires that each person working on this site or providing services related to this construction
project must be covered by worker" compensation insurance. This includes persons providing, hauling
or delivering equipment or materials, or providing labor or transportation or other service related to the
project, regardless of the identity of their employer or status as an employee".
Contact the Texas Workers’ Compensation Commission to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to
report an employer's failure to provide coverage".
16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons
because of sex, race, religion, color, or national origin and shall comply with the provisions of City
Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21
through 13A-29), prohibiting discrimination in employment practices.
17. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the
federal government, contractor covenants that neither it nor any of its officers, members, agents, or
employees, will engage in performing this contract, shall, in connection with the employment,
advancement or discharge of employees or in connection with the terms, conditions or privileges of their
employment, discriminate against person 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, or employees, or person
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 and all claims or allegations asserted by third parties against City arising out of
Rev 3-13-09
Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in
the performance of this Contract.
DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the
Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it 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 current
employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other
applicable federal state and local laws concerning disability and will defend indemnify and hold City
harmless against any claims or allegations asserted by third parties against City arising out of
Contractor's alleged failure to comply with the above-referenced laws concerning disability
discrimination in the performance of this Contract.
18.
19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY:
a.
The contractor will receive full payment (less retainage) from the city for each pay period.
b.
Payment of the retainage will be included with the final payment after acceptance of the project as
being complete.
c.
The project shall be deemed complete and accepted by the City as of the date the final punch list has
been completed, as evidenced by a written statement signed by the contractor and the City.
d.
The warranty period shall begin as of the date that the final punch list has been completed.
e.
Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due
and payable.
f.
In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and
there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a
progress payment in the amount that city deems due and payable.
g.
In the event of a dispute regarding either final quantities or liquidated damages, the parties shall
attempt to resolve the differences within 30 calendar days.
Rev 3-13-09
ATTACHMENT 1A
Page 1 of 4
City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME:
Check applicable block to describe prime
M/W/DBE
PROJECT NAME:
NON-M/W/DBE
BID DATE
City’s M/WBE Project Goal:
%
Prime’s M/WBE Project Utilization:
PROJECT NUMBER
%
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,
will result in the bid being considered non-responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this
utilization 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 bid specifications
M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to
its supplier is considered 2nd tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
Rev. 5/30/03
ATTACHMENT 1A
Page 2 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
N
o
n
Certification
(check one)
SUBCONTRACTOR/SUPPLIER
Company Name
Address
Telephone/Fax
T
i
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r B
E
W
B
E
N
C
T
R
C
A
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X
D
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M
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Detail
Subcontracting Work
Detail
Supplies Purchased
Dollar Amount
Rev. 5/30/03
ATTACHMENT 1A
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list M/WBE firms first, use additional sheets if necessary.
N
o
n
Certification
(check one)
SUBCONTRACTOR/SUPPLIER
Company Name
Address
Telephone/Fax
T
i
e M
r B
E
W
B
E
N
C
T
R
C
A
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X
D
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M
W
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E
Detail
Subcontracting Work
Detail
Supplies Purchased
Dollar Amount
Rev. 5/30/03
ATTACHMENT 1A
Page 4 of 4
Total Dollar Amount of M/WBE Subcontractors/Suppliers
$
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers
$
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS
$
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a
Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission
of
interviews
with
owners,
principals,
officers,
employees
and
applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
City work for a period of time not less than one (1) year.
Authorized Signature
Printed Signature
Title
Contact Name/Title (if different)
Company Name
Telephone and/or Fax
Address
E-mail Address
City/State/Zip
Date
Rev. 5/30/03
ATTACHMENT 1B
Page 1 of 1
City of Fort Worth
Prime Contractor Waiver Form
PRIME COMPANY NAME:
Check applicable block to describe
prime
M/W/DBE
PROJECT NAME:
NON-M/W/DBE
BID DATE
PROJECT NUMBER
%
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on
this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is
NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Managing Department on or before
5:00 p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the
bid being considered non-responsive to bid specifications.
Will you perform this entire contract without subcontractors?
YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an operational profile of your business.
NO
Will you perform this entire contract without suppliers?
YES
If yes, please provide a detailed explanation that proves based on the size and scope of this
project, this is your normal business practice and provide an inventory profile of your business.
NO
The bidder further agrees to provide, directly to the City upon request, complete and accurate information
regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment
therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder
also agrees to allow an audit and/or examination of any books, records and files held by their company that will
substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of
the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or
debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State
or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from participating in City work for a
period of time not less than one (1) year.
______________________________________
___________________________________________
Printed Signature
______________________________________
Title
___________________________________________
Contact Name (if different)
______________________________________
___________________________________________
Company Name
Phone Number
______________________________________
___________________________________________
Address
Email Address
______________________________________
___________________________________________
City/State/Zip
Date
Fax Number
Rev. 5/30/03
ATTACHMENT 1C
Page 1 of 3
City of Fort Worth
Good Faith Effort Form
PRIME COMPANY NAME:
Check applicable block to describe
prime
M/W/DBE
PROJECT NAME:
NON-M/W/DBE
BID DATE
PROJECT NUMBER
%
If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your
DBE participation is less than the City’s project goal, you must complete this form.
If the bidder’s method of compliance with the M/WBE goal is based upon demonstration of a
“good faith effort”, the bidder will have the burden of correctly and accurately preparing and
submitting the documentation required by the City. Compliance with each item, 1 thru 6 below,
shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of
bid opening date, will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity) for the completion of this
project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES
OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the
nd
2 tier.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities
List of Supplier Opportunities
Rev. 05/30/03
ATTACHMENT 1C
Page 2 of 3
2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE
subcontractors and/or suppliers from the City's M/WBE Office.
_____Yes
_____No
Date of Listing _____/______/_____
3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
_____Yes
_____No
(If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.)
4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are
opened?
_____Yes
_____No
(If yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.)
NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile
is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and
documentation faxed.
NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the
bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a
particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least twothirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with
questions 3 and 4.
5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
plans and specifications in order to assist the M/WBEs?
_____Yes
_____No
6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in
the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide
dispute concerning quotes, the bidder will provide for confidential in-camera access to and
inspection of any relevant documentation by City personnel.
(Please use additional sheets, if necessary, and attach.)
Company Name
Telephone
Contact Person
Scope of Work
Reason for Rejection
Rev. 05/30/03
ATTACHMENT 1C
Page 3 of 3
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to obtain
M/WBE participation on this project.
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
__________________________________________________________________________________________
_
The bidder further agrees to provide, directly to the City upon request, complete and
accurate information regarding actual work performed on this contract, the payment
thereof and any proposed changes to the original arrangements submitted with this bid.
The bidder also agrees to allow an audit and/or examination of any books, records and
files held by their company that will substantiate the actual work performed on this
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds for
terminating the contract or debarment from City work for a period of not less than three
(3) years and for initiating action under Federal, State or Local laws concerning false
statements. Any failure to comply with this ordinance and creates a material breach of
contract may result in a determination of an irresponsible offeror and barred from
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) listed
was/were contacted in good faith. It is understood that any M/WBE(s) listed in
Attachment 1C will be contacted and the reasons for not using them will be verified by
the City’s M/WBE Office.
_______________________________________
_______________________________________
Printed Signature
_______________________________________
Title
_______________________________________
Contact Name and Title (if different)
_______________________________________
Company Name
_______________________________________
Phone Number
Fax Number
_______________________________________
Address
_______________________________________
Email Address
_______________________________________
City/State/Zip
_______________________________________
Date
Rev. 05/30/03
Joint Venture
1 of 4
CITY OF FORT WORTH
Joint Venture Eligibility Form
All questions must be answered; use “NA” if applicable.
Name of City project: ___________________________________________________________________________
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number: ____________________________
1. Joint venture information:
Joint Venture Name:
Joint Venture Tax ID #:
Joint Venture Address:
(If applicable)
Telephone:
Facsimile:
Cell:
E-mail address:
Identify the firms that comprise the joint venture:
Please attach extra sheets if additional space is required to provide the same firm information and detailed explanations
of work to be performed by each firm comprising the joint venture
M/WBE firm
Non-M/WBE
name:
firm name:
Tax ID #:
Tax ID #:
Business Address:
Business Address:
City, State, Zip:
City, State, Zip:
Telephone
Facsimile
Cell
E-mail
Telephone
Facsimile
Cell
Facsimile
Cell
E-mail
Certification Status:
If pending, date completed packet submitted to agency:
Name of Certifying Agency:
M/WBE firm
name:
Non-M/WBE
firm name:
Tax ID #:
Tax ID #:
Business Address:
Business Address:
City, State, Zip:
City, State, Zip:
Telephone
Facsimile
Cell
E-mail
Telephone
E-mail
Certification Status:
If pending, date completed packet submitted to agency:
Name of Certifying Agency:
Rev. 05-04-10
Joint Venture
2 of 4
2. Scope of work performed by the Joint Venture:
Describe the scope of work of the M/WBE:
Describe the scope of work of the non-M/WBE:
3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward
meeting the project goal? _____________________
4. Date of Joint Venture Agreement: _________________
5. Attach a copy of the joint venture agreement.
6. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement)
Profit and loss sharing:
Capital contributions, including
equipment:
Other applicable ownership interests:
7. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day
management and decision making of the joint venture:
Financial decisions
(to include Account Payable and Receivable):
Management decisions:
a. Estimating
b.
Marketing and Sales
Rev. 05-04-10
Joint Venture
3 of 4
c.
Hiring and Firing of management
personnel
d.
Purchasing of major equipment
and/or supplies
Supervision of field operations
The City’s Minority and Women Business Enterprise Office will review your joint venture submission and
will have final approval of the M/WBE percentage applied toward the goal for the project listed on this
form.
NOTE:
From and after the date of contract award, if any of the participants, the individually defined scopes
of work or the dollar amounts/percentages change from the originally approved information, then
the participants must inform the City’s M/WBE Office immediately for approval. Any unjustified
change or deletion shall be a material breach of contract and may result in debarment in accord
with the procedures outlined in the City’s M/WBE Ordinance.
Rev. 05-04-10
Joint Venture
4 of 4
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material information
necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall
agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments
herein.
The City also reserves the right to request any additional information deemed necessary to determine if the joint
venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds
for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books, records and files
of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this
provision shall result in the termination of any contract, which may be awarded under the provisions of this joint
venture’s eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false
statements or willful misrepresentation of facts.
Name of M/WBE firm
Name of non-M/WBE firm
Printed Name of Owner
Signature of Owner
Signature of Owner
Signature of Owner
Signature of Owner
Title
Title
Date
Date
Notarization
State of _________________________________________ County of _________________________________
On this _____________________________ day of _________________, 20 ____, before me appeared
___________________________________________ and ___________________________________________
to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were
properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public ______________________________________________________
Print Name
Notary Public ______________________________________________________
Signature
Commission Expires _________________________________________________
(seal
Rev. 05-04-10
PROPOSAL
TO:
The Purchasing Department
City of Fort Worth, Texas
FOR:
Hemphill West Quiet Zone from Lipscomb St to Jennings Ave
City Project No.:
Fort Worth, Texas
19-Aug-10
00260
UNITS/SECTIONS:
TPW Project No. GR75 541200 0203021583
TxDOT CSJ 0902-48-686
Pursuant to the foregoing “Notice to Bidders,” the undersigned has examined the plans,
specifications and the site, understands the amount of work to be done, and hereby
proposes to do all the work and 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 Director, Water Department of the City of Fort
Worth. If required by this project, Contractor must be pre-qualified in accordance with
the projects sponsoring Departments of the City of Fort Worth requirements. Upon
acceptance of this Proposal by the City Council and required by this project, the bidder
is bound to execute a contract and furnish Performance, Maintenance Bond for the
water replacement contract only, and Payment Bond approved by the City of Fort Worth
for performing and completing said work within the time stated for the following sums,
to wit:
Total quantities given in the bid proposal may not reflect actual quantities, by represent
the best accuracy based on a reasonable effort of investigation; however, they are given
for the purpose of bidding on and awarding the contract.
Special Note: All contractors are advised that one contract will be awarded to the
lowest combined bid for all Units/Sections.
BID TAB
Hemphill West Quiet Zone (CSJ 0902-48-686)
ITEM
DESC
SPEC.
NO
NO
NO
UNIT
DESCRIPTION AND
OF
UNIT PRICE IN WRITING
MEASURE-
APPROXIMATE
UNIT PRICE
AMOUNT
MENT
QUANTITY
(IN FIGURES)
(IN FIGURES)
DOLLARS
104
2001
REMOVING CONC (PAV)
___________________________
___________________________
SY
789.00
SY
3.00
CY
255.00
SY
473.00
MG
17.00
CY
35.00
LS
1.00
MO
3.00
LF
300.00
SY
106.00
LF
1,221.00
LF
75.00
EA
4.00
___________________________
____________________________________ Per
104
2032
Square Yard
REMOVING CONC (WHEELCHAIR RAMP)
__________________________
___________________________
___________________________
____________________________________ Per
132
2006
Square Yard
EMBANKMENT (FINAL) (DENS CONT) (TY C)
__________________________
___________________________
___________________________
____________________________________ Per
164
2007
Cubic Yard
BROADCAST SEED (PERM) (URBAN) (CLAY)
__________________________
___________________________
___________________________
____________________________________ Per
168
2001
Square Yard
VEGETATIVE WATERING
__________________________
___________________________
___________________________
____________________________________ Per
247
2044
Mega-Gallon
FL BS (CMP IN PLC) (TY A GR 4) (FNAL POS)
__________________________
___________________________
___________________________
____________________________________ Per
500
2001
Cubic Yard
MOBILIZATION
__________________________
___________________________
___________________________
____________________________________ Per
502
2001
Lump Sum
BARRICADES, SIGNS AND TRAFFIC HANDLING
__________________________
___________________________
___________________________
____________________________________ Per
506
2034
Month
TEMPORARY SEDIMENT CONTROL FENCE
__________________________
___________________________
___________________________
____________________________________ Per
528
2001
Linear Feet
COLORED TEXTURED CONC (4")
__________________________
___________________________
___________________________
____________________________________ Per
529
2002
Square Yard
CONC CURB (TY II)
__________________________
___________________________
___________________________
____________________________________ Per
531
2003
Linear Feet
CONC SIDEWALKS (5') (6")
__________________________
___________________________
___________________________
____________________________________ Per
531
2010
Linear Feet
CURB RAMPS (TY 7)
__________________________
___________________________
___________________________
____________________________________ Per
Each
CENTS
DOLLARS
CENTS
BID TAB
ITEM
DESC
SPEC.
NO
NO
NO
UNIT
DESCRIPTION AND
OF
MEASURE-
APPROXIMATE
UNIT PRICE
AMOUNT
MENT
QUANTITY
(IN FIGURES)
(IN FIGURES)
DOLLARS
636
2001
ALUMINUM SIGNS (TY A)
__________________________
___________________________
SF
12.00
EA
4.00
EA
13.00
EA
5.00
LF
33.00
LF
328.00
EA
2.00
EA
8.00
EA
2.00
EA
192.00
EA
72.00
EA
286.00
EA
264.00
___________________________
____________________________________ Per
644
2002
Square Feet
INS SM RD SN SUP & AM TY 10BWG (1) SA (P-BM)
__________________________
___________________________
___________________________
____________________________________ Per
644
2004
Each
INS SM RD SN SUP & AM TY 10BWG (1) SA (T)
__________________________
___________________________
___________________________
____________________________________ Per
644
2060
Each
REMOVE SM RD SN SUP & AM
__________________________
___________________________
___________________________
____________________________________ Per
666
2042
Each
REFL PAV MRK TY 1 (W) 12" (SLD) (100MIL)
__________________________
___________________________
___________________________
____________________________________ Per
666
2048
Linear Feet
REFL PAV MRK TY 1 (W) 24" (SLD) (100MIL)
__________________________
___________________________
___________________________
____________________________________ Per
666
2054
Linear Feet
REFL PAV MRK TY 1 (W) (ARROW) (100MIL)
__________________________
___________________________
___________________________
____________________________________ Per
666
2084
Each
REFL PAV MRK TY 1 (W) (RR XING) (100MIL)
__________________________
___________________________
___________________________
____________________________________ Per
666
2096
Each
REFL PAV MRK TY 1 (W) (WORD) (100MIL)
__________________________
___________________________
___________________________
____________________________________ Per
672
2021
Each
TRAFFIC BUTTON TY II-A-A
__________________________
___________________________
___________________________
____________________________________ Per
672
2022
Each
TRAFFIC BUTTON TY II-C-R
__________________________
___________________________
___________________________
____________________________________ Per
672
2024
Each
TRAFFIC BUTTON TY W
__________________________
___________________________
___________________________
____________________________________ Per
672
2025
Each
TRAFFIC BUTTON TY Y
__________________________
___________________________
___________________________
____________________________________ Per
Each
CENTS
DOLLARS
CENTS
BID TAB
ITEM
DESC
SPEC.
NO
NO
NO
UNIT
DESCRIPTION AND
OF
MEASURE-
APPROXIMATE
UNIT PRICE
AMOUNT
MENT
QUANTITY
(IN FIGURES)
(IN FIGURES)
DOLLARS
XXX
XXXX
CENTS
DOLLARS
CENTS
WAYSIDE HORN SYSTEM
__________________________
___________________________
EA
1.00
___________________________
____________________________________ Per
Each
OFFICIAL TOTAL BID AMOUNT :
$______________________
Within ten (10) days after notification by the City of Fort Worth, the undersigned will execute the
formal contract and will deliver an approved Surety Bond and such other bonds as required by the
Contract Documents, for the faithful performance of the Contract. The attached bid security in the
amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and
bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for
the delay and additional work caused thereby.
If as a requirement of this project, the undersigned bidder certifies that they have been furnished at least
one set of the General Contract Documents and General or Special Specifications for Projects, and that
they have thoroughly read and completely understand all the requirements and conditions of those
General Documents and the specific Contract Documents and appurtenant plans.
The undersigned assured that its employees and applicants for employment and those of any labor
organization, subcontractors, or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance
No. 7278 as amended by City Ordinance No. 7400.
The Bidder agrees to begin construction with ten (10) calendar days after issue of the work order and to
complete the contract within 61 working days after beginning construction as set forth in the written
work order to be furnished by the Owner.
(Check One Box and complete, as applicable)
The principal place of business of our company is in the State of
a.
b.
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.
The principal place of business of our company or our parent company or majority owner
is in the State of Texas.
Receipt is acknowledged of the following
addenda:
Respectfully submitted,
By:
Addendum No. 1:
Addendum No. 2:
Addendum No. 3:
Addendum No. 4:
Addendum No. 5:
Addendum No. 6:
[ Affix Corporate Seal]
Title:
Company:
Address:
Date:
PART C - GENERAL CONDITIONS
TABLE OF CONTENTS
OCTOBER 19, 2009
TABLE OF CONTENTS
C1-1
C1-1.1
C1-1.2
C1-1.3
C1-1.4
C1-1.5
C1-1.6
C1-1.7
C1-1.8
C1-1.9
C1-1.10
C1-1.11
C1-1.12
C1-1.13
C1-1.14
C1-1.15
C1-1.16
C1-1.17
C1-1.18
C1-1.19
C1-1.20
C1-1.21
C1-1.22
C1-1.23
C1-1.24
C1-1.25
C1-1.26
C1-1.27
C1-1.28
C1-1.29
C1-1.30
C1-1.31
C1-1.32
DEFINITIONS
Definition of Terms
Contract Documents
Notice to Bidders
Proposal
Bidder
General Conditions
Special Conditions
Specifications
Bonds
Contract
Plans
City
City Council
Mayor
City Manager
City Attorney
Director of Public Works
Director, City Water Department
Engineer
Contractor
Sureties
The Work or Project
Working Day
Calendar Days
Legal Holidays
Abbreviations
Change Order
Paved Streets and Alleys
Unpaved Streets or Alleys
City Street
Roadway
Gravel Street
C1-1 (1)
C1-1 (1)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (2)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (3)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (4)
C1-1 (5)
C1-1 (5)
C1-1 (6)
C1-1 (6)
C1-1 (6)
C1-1 (6)
C2-2
INTERPRETATION AND PREPARATION
OF PROPOSAL
Proposal Form
Interpretation of Quantities
Examination of Contract Documents and Site of Project
Submitting of Proposal
C2-2 (1)
C2-2 (1)
C2-2 (2)
C2-2 (2)
C2-2.1
C2-2.2
C2-2.3
C2-2.4
(1)
C2-2.5
C2-2.6
C2-2.7
C2-2.8
C2-2.9
C2-2.10
C2-2.11
C2-2.12
Rejection of Proposals
Bid Security
Delivery of Proposal
Withdrawing Proposals
Telegraphic Modifications of Proposals
Public Opening of Proposal
Irregular Proposals
Disqualification of Bidders
C3-3
C3-3.1
C3-3.2
C3-3.3
C3-3.4
C3-3.5
C3-3.6
C3-3.7
C3-3.8
C3-3.9
C-3-3.10
C3-3.11
C3-3.12
C3-3.13
C3-3.14
C3-3.15
AWARD AND EXECUTION OF DOCUMENTS:
Consideration of Proposals
Minority Business Enterprise/Women Business
Enterprise Compliance
Equal Employment Provisions
Withdrawal of Proposals
Award of Contract
Return of Proposal Securities
Bonds
Execution of Contract
Failure to Execute Contract
Beginning Work
Insurance
Contractor’s Obligations
Weekly Payrolls
Contractor’s Contract Administration
Venue
C4-4
C4-4.1
C4-4.2
C4-4.3
C4-4.4
C4-4.5
C4-4.6
C4-4.7
SCOPE OF WORK
Intent of Contract Documents
Special Provisions
Increased or Decreased Quantities
Alteration of Contract Documents
Extra Work
Construction Schedule
Schedule Tiers Special Instructions
C4-4 (1)
C4-4 (1)
C4-4 (1)
C4-4 (2)
C4-4 (2)
C4-4 (3)
C4-4 (6)
C5-5
C5-5.1
C5-5.2
C5-5.3
C5-5.4
C5-5.5
C5-5.6
C5-5.7
CONTROL OF WORK AND MATERIALS
Authority of Engineer
Conformity with Plans
Coordination of Contract Documents
Cooperation of Contractor
Emergency and/or Rectification Work
Field Office
Construction Stakes
C5-5 (1)
C5-5 (1)
C5-5 (1)
C5-5 (2)
C5-5 (2)
C5-5 (3)
C5-5 (3)
(2)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (3)
C2-2 (4)
C2-2 (4)
C2-2 (4)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (1)
C3-3 (2)
C3-3 (2)
C3-3 (2)
C3-3 (3)
C3-3 (3)
C3-3 (4)
C3-3 (4)
C3-3 (6)
C3-3 (6)
C3-3 (6)
C3-3 (7)
C5-5.8
C5-5.9
C5-5.10
C5-5.11
C5-5.12
C5-5.13
C5-5.14
C5-5.15
C5-5.16
C5-5.17
C5-5.18
Authority and Duties of City Inspector
Inspection
Removal of Defective and Unauthorized Work
Substitute Materials or Equipment
Samples and Tests of Materials
Storage of Materials
Existing Structures and Utilities
Interruption of Service
Mutual Responsibility of Contractors
Clean-Up
Final Inspection
C6-6
C6-6.1
C6-6.2
C6-6.3
C6-6.4
C6-6.5
C6-6.6
C6-6.7
C6-6.8
C6-6.9
C6-6.10
C6.6.11
C6-6.12
C6-6.13
C6-6.14
C6-6.15
C6-6.16
C6-6.17
C6-6.18
C6-6.19
C6-6.20
C6-6.21
LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
Laws to be Observed
Permits and Licenses
Patented Devices, Materials, and Processes
Sanitary Provisions
Public Safety and Convenience
Privileges f Contractor in Streets, Alleys,
and Right-of-Way
Railway Crossings
Barricades, Warnings and Flagmen
Use of Explosives, Drop Weight, Etc.
Work Within Easements
Independent Contractor
Contractor’s Responsibility for Damage Claims
Contractor’s Claim for Damages
Adjustment or Relocation of Public Utilities, Etc.
Temporary Sewer and Drain Connections
Arrangement and Charges for Water Furnished by the City
Use of a Section or Portion of the Work
Contractor’s Responsibility for the Work
No Waiver of Legal Rights
Personal Liability of Public Officials
State Sales Tax
C6-6 (3)
C6-6 (3)
C6-6 (4)
C6-6 (5)
C6-6 (6)
C6-6 (6)
C6-6 (8)
C6-6 (8)
C6-6 (8)
C6-6 (9)
C6-6 (9)
C6-6 (9)
C6-6 (9)
C6-6 (10)
C6-6 (10)
C7-7
C7-7.1
C7-7.2
C7-7.3
C7-7.4
C7-7.5
C7-7.6
C7-7.7
C7-7.8
PROSECUTION AND PROGRESS
Subletting
Assignment of Contract
Prosecution of The Work
Limitation of Operations
Character of Workmen and Equipment
Work Schedule
Time of Commencement and Completion
Extension of Time Completion
C7-7 (1)
C7-7 (1)
C7-7 (1)
C7-7 (2)
C7-7 (2)
C7-7 (3)
C7-7 (3)
C7-7 (3)
(3)
C5-5 (3)
C5-5 (4)
C5-5 (4)
C5-5 (4)
C5-5 (5)
C5-5 (5)
C5-5 (5)
C5-5 (6)
C5-5 (7)
C5-5 (7)
C5-5 (8)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (1)
C6-6 (2)
C6-6 (3)
C7-7.9
C7-7.10
C7-7.11
C7-7.12
C7-7.13
C7-7.14
C7-7.15
C7-7.16
C7-7.17
Delays
Time of Completion
Suspension by Court Order
Temporary Suspension
Termination of Contract due to National Emergency
Suspension or Abandonment of the Work
and Annulment of the Contract:
Fulfillment of Contract
Termination for Convenience of the Owner
Safety Methods and Practices
C8-8
MEASUREMENT AND PAYMENT
C8-8.1
C8-8.2
C8-8.3
C8-8.4
C8-8.5
C8-8.6
C8-8.7
C8-8.8
C8-8.9
C8-8.10
C8-8.11
C8-8.12
C8-8.13
Measurement Of Quantities
Unit Prices
Lump Sum
Scope of Payment
Partial Estimates and Retainage
Withholding Payment
Final Acceptance
Final Payment
Adequacy of Design
General Guaranty
Subsidiary Work
Miscellaneous Placement of Material
Record Documents
(4)
C7-7 (4)
C7-7 (4)
C7-7 (5)
C7-7 (5)
C7-7 (6)
C7-7 (6)
C7-7 (8)
C7-7 (8)
C7-7 (11)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (1)
C8-8 (2)
C8-8 (3)
C8-8 (3)
C8-8 (3)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
C8-8 (4)
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 in all of the written
and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern
the terms and performance of the contract. These are contained on 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
PART B - PROPOSAL
(Sample)
(Sample)
(CITY)
(Developer)
PART D - SPECIAL CONDITIONS
PART E - SPECIFICATIONS
PERMITS/EASEMENTS
PART F - BONDS
PART G - CONTRACT
b.
(Sample)
(Sample)
White
White
Canary Yellow
Brown
Green
E1-White
E2-Golden Rod
E2A-White
Blue
White
White
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 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.
Whenever there may be a conflict between the General Conditions and the Special
Conditions, the latter shall take precedence. .
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 set forth in detail the requirements which must be met by all materials,
construction, workmanship, equipment and services in order to render a completed an
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 BONDS: The bond or bonds are the written guarantee or security furnished by
the Contractor for prompt and faithful performance of the contract and include the
following:
a.
b.
c.
d.
C2-2.6)
Performance Bond (see paragraph C3-3.7)
Payment Bond (see paragraph C3-3.7)
Maintenance Bond (see paragraph C3-3.7)
Proposal or Bid Security (see Special Instructions to Bidders, Part A and
C1-1 (2)
C1-1.10 CONTRACT: The Contract is a 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 the other parts of the Contract Documents, but they are 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 Manager, each of which is required by charter to perform specific duties.
Responsibility for final enforcement of the Contracts involving the City of Fort Worth is
by Charter vested in the City Manager. The terms City and Owner are synonymous.
C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of
Fort Worth, Texas.
C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem
of the City of Fort Worth, Texas.
C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of
the City of Fort Worth, Texas, or his duly authorized representative.
C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort
Worth, Texas, or his duly authorized representative.
C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City
of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly
authorized representative.
C1-1.18 DIRECTOR, CITY WATER DEPARTMENT:
The officially 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, person’s, partnership, company, firm, association,
or corporation, entering into a contract with the Owner for the execution of work, acting
C1-1 (3)
directly or through a duly authorized representative. A sub-contractor is a person, firm,
corporation, supplying labor and materials or only labor, for the work at the site of the
project.
C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are
required with and for the Contractor. The sureties engaged are to be fully responsible for
the entire and satisfactory fulfillment of the Contract and for any and all requirements as
set forth in the Contract Documents and approved changes therein.
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 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:
1.
2.
3.
4.
5.
6.
7.
8.
9.
New Year’s day
M.L. King, Jr. Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Such other days in lieu of holidays as
the City Council may determine
January 1
Third Monday in January
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Forth Friday in November
December 25
When one of the above named holidays or a special holiday is declared by the City
Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it
falls on Sunday, it shall be observed on the following Monday, by those employees
working on working day operations. Employees working calendar day operations will
consider the calendar as the holiday.
C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the
Contract Documents, the intent and meaning shall be as follows:
C1-1 (4)
AASHTO ASCE
-
IAW
ASTM
-
AWWA
-
ASA
HI
Asph.
Ave.
Blvd.
CI
CL
GI
Lin.
lb.
MH
Max.
-
American Association of State
Highway Transportation Officials
American Society of Civil
Engineers
In Accordance With
American Society of Testing
Materials
American Water Works
Association
American Standards Association
Hydraulic Institute
Asphalt
Avenue
Boulevard
Cast Iron
Center Line
Galvanized Iron
Linear or Lineal
Pound
Manhole
Maximum
MGD
-
CFS
-
Min.
Mono.
%
R
I.D.
O.D.
Elev.
F
C
In.
Ft.
St.
CY
Yd.
SY
L.F.
D.I.
-
Million Gallons
per Day
Cubic Foot per
Second
Minimum
Monolithic
Percentum
Radius
Inside Diameter
Outside Diameter
Elevation
Fahrenheit
Centigrade
Inch
Foot
Street
Cubic Yard
Yard
Square yard
Linear Foot
Ductile Iron
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.
2.
3.
4.
5.
Any type of asphaltic concrete with or without separate base material.
Any type of asphalt surface treatment, not including an oiled surface, with
or without separate base material.
Brick, with or without separate base material.
Concrete, with or without separate base material.
Any combination of the above.
C1-1 (5)
C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or
other surface is any area except those defined for “Paved Streets and Alleys.”
C1-1.30 CITY STREET: 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 parallel lines two
(2’) back of the curb lines or four (‘4) feet back of the average edge of pavement where
no curb exists.
C1-1.32 GRAVEL STREET: A gravel street is an unimproved 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
SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL
C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with Proposal form, which
will contain an itemized list of the items of work to be done or materials to be furnished
and upon which bid prices are requested. The Proposal form will state the Bidder’s
general understanding of the project to be completed, provide a space for furnishing the
amount of bid security, and state the basis for entering into a formal contract. The Owner
will furnish forms for the Bidder’s “Experience Record,” “Equipment Schedule,” and
“Financial Statement,” all of which must be properly executed and filed with the Director
of the City Water Department one week prior to the hour for opening of bids.
The financial statement required shall have been prepared by an independent certified
public accountant or an independent public accountant holding a valid permit issued by
an appropriate state licensing agency, and shall have been so prepared as to reflect the
current financial status. This statement must be current and no more than one (1) year old.
In the case that bidding date falls within the time a new statement is being prepared, the
previous statement shall be updated by proper verification. Liquid assets in the amount of
ten (10) percent of the estimated project cost will be required.
For an experience record to be considered to be acceptable for a given project, it must
reflect the experience of the firm seeking qualification in work of both the same nature
and magnitude as that of the project for which bids are to be received, and such
experience must have been completed not more than five (5) years prior to the date on
which Bids 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 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 (1)
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 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 construction of the project. They must
judge for themselves the difficulties of the work and all attending circumstances affecting
the cost of doing the work or the time required for its completion, and obtain all
information required to make an intelligent proposal. No information given by the Owner
or any representative of the Owner other than that contained in the Contract Documents
and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders
shall rely exclusively and solely upon their own estimates, investigation, research, tests,
explorations, and other data which are necessary for full and complete information upon
which the proposal is to be based. It is mutually agreed that the submission of a proposal
is prima-facie evidence that the bidder has made the investigation, 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, on the plans are for general information only and may
not be correct. Neither the 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 work contemplated or furnish the
materials required. All such prices shall be written legibly. In case of discrepancy
between 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 of the firm, association, or partnership,
or by person duly authorized. If a proposal is submitted by a company or corporation, the
company or corporation 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
C2-2 (2)
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, erasures, or irregularities of any kind, or contain unbalanced 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 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.
C2-2.7 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 marker 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 must be made in writing, addressed to the City Manager, and filed with
him prior to the time set for opening of proposals. After all proposals not requested for
non-consideration are opened and publicly read aloud, the proposals for which nonconsideration requests have been properly filed may, at the option of the Owner, be
returned unopened.
C2-2.9 TELEGRAHIC MODIFICATIONS 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 (3)
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 “Irregular” if
they show any omissions, alterations of form, additions, or conditions not called for,
unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves
the right to waive any 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
can not 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 reasons:
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 financial statement, experience
statement, 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.
2.
3.
Financial Statement showing the financial condition of the bidder
as specified in Part “A” - Special Instructions
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.
An equipment schedule showing the equipment the bidder has
available for use on the project.
The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified
under the requirements stated herein, shall be set aside and not opened.
C2-2 (4)
C3-3 AWARD AND EXECUTION OF
DOCUMENTS
SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS:
C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and
read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities
shown in the proposal, and the application of such formulas or other methods of bringing
items to a common basis as may be established in the Contract Documents.
The total obtained by taking the sum of the products of the 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 ward 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 may be 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 Woman-owned Business Enterprise (WBE) on the
contract and the payment therefor. Contractor further agrees, upon request by the Owner,
to allow and audit and/or an examination of any books, records, or files in the possession
of the Contractor that will substantiate the actual work performed by an MWE 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 Ordinances prohibiting discrimination in employment practices. 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 (1)
C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final
action on the proposals for a reasonable time, not to exceed forty-five (45) days after the
date of opening proposals, and in no event will an award be made until after
investigations have been made as to the responsibility of the proposed awardee.
The award of the contract, if award is made, will be to the lowest and best responsive
bidder.
The award of the contract shall not become effective until the Owner has notified the
Contractor in writing of such award.
C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals
have been determined for comparison of bids, the Owner may, at its discretion, return the
proposal security which accompanied the proposals which, in its judgment, would not be
considered for the award. All other proposal securities, usually those of the three lowest
bidders, will be retained by the Owner until the required contract has been executed and
bond furnished or the Owner has otherwise disposed of the bids, after which they will be
returned by the City Secretary.
C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the
Contractor shall furnish to, and file with the owner in the amounts herein required, the
following bonds:
a.
PERFORMANCE BOND: A good and sufficient performance bond in
the amount of 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 use of inferior materials. This performance bond shall guarantee the
payment for all labor, materials, equipment, supplies, and services used in
the construction of the work, and shall remain in full force and effect until
provisions as above stipulated are accomplished and final payment is made
on the project by the City.
b.
MAINTENANCE BOND: A good and sufficient maintenance bond, in
the amount of not less than 100 percent of the amount of the contract, as
evidenced by the 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 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 payment of all claimants as defined in Article
C3-3 (2)
5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill
344, Acts 56th Legislature, Regular Session, 1959, effective April 27,
1959, and/or the latest version thereof, supplying labor and materials in the
prosecution of the work provided for in the contract being constructed
under these specifications. Payment Bond shall remain in force until all
payments as above stipulated are made.
d.
OTHER BONDS:
Such other bonds as may be required by these
Contract Documents shall be furnished by the Contractor.
No sureties will be accepted by the Owner which are at the time in default or delinquent
on any bonds or which are interested in any litigation against the Owner. All bonds shall
be made on the forms furnished by the Owner and shall be executed by an approved
surety company doing business in the City of Fort Worth, Texas, and which is acceptable
to the Owner. In order to be acceptable, the name of the surety shall be included on the
current U.S. Treasury list of acceptable sureties, and the amount of bond written by any
one acceptable company shall not exceed the amount shown on the Treasury list for that
company. Each bond shall be properly executed by both the Contractor and Surety
Company.
Should any surety on the contract be determined unsatisfactory at any time by the Owner,
notice will be given the Contractor to that effect and the Contractor shall immediately
provide a new surety satisfactory to the Owner. No payment will be made under the
contract until the new surety or sureties, as required, have qualified and have been
accepted by the Owner. The contract shall not be operative nor will any payments be due
or paid until approval of the bonds by the Owner.
C3-3.8 EXECUTION OF CONTRACT:
Within ten (10) days after the Owner has
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.
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 annual 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 occurring 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 the Owner will
C3-3 (3)
suffer by reason of such failure on the part of the Awardee and shall thereupon
immediately by forfeited to the Owner.
The filing of a proposal will be considered as acceptance of this provision by the Bidder.
C-3-3.10 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 “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 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-contractor’s certificate of insurance for
approval. The prime Contractor shall indicate on the certificate of insurance included in
the documents for execution whether or not his insurance covers sub-contractors. It is the
intention of the Owner that the insurance coverage required herein shall include the
coverage of all sub-contractors.
a.
COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this contract, Worker’s Compensation Insurance on all of
his employees to be engaged in work on the project under this contract,
and for all sub-contractors. In case any class of employees engaged in
hazardous work on the project under this contract is not protected under
the Worker’s Compensation Statute, the Contractor shall provide adequate
employer’s general liability insurance for the protection of such of his
employees not so protected.
b.
COMPREHENSIVE GENERAL LIABILITY INSURANCE:
The
Contractor Shall procure and shall maintain during the life of this contract,
Comprehensive General Liability Insurance (Public Liability and Property
Damage Insurance) in the 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 a 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).
C3-3 (4)
2.
Blasting, prior to any blasting being done.
3.
Collapse of buildings or structures adjacent to excavation (if
excavation are performed adjacent to same).
4.
Damage to underground utilities for $500,000.
5.
Builder’s risk (where above-ground structures are involved).
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 the amounts and by carriers satisfactory to
the Owner. (Sample attached.) All insurance requirements made upon the
Contractor shall apply to the sub-contractors, 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
C3-3 (5)
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 City of Fort Worth. Tarrant County, Texas. Each such
agent shall be a duly qualified, one upon whom 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, and 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 WorthDallas area. The name of the agent, or agents shall be set forth on all 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 PAYROLLS: A certified copy of each payroll covering payment
of wages to all persons engaged in work on the project at the site of the project shall be
furnished to the Owner’s representative within seven (7) days after the close of each
payroll period. A copy or copies of the applicable minimum wage rates as set forth in the
Contract Documents shall be kept posted in a conspicuous place at the site of the project
at all times during the course of the Contract. Copies of the wage rates will be furnished
the Contractor, by the 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 made responsible to act for the Contractor in all matters
pertaining to the work governed by the Contract whether it be administrative or other
wise and as such shall be empowered, thus delegated and directed, to settle all material,
labor or other expenditure, all claims against work or any other mater associated such as
maintaining adequate and appropriate insurance or security coverage for the project. Such
local authority for the 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 WorthDallas 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
C3-3 (6)
appropriately signed and sealed, as applicable, by the Contractor’s responsible offices
with the understanding that this written assignment of authority to the 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 the 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 allowed for periods in which work stoppages are in effect for this reason.
C3-3.15 VENUE:
County, Texas.
Venue of any action hereinunder shall be exclusively in Tarrant
C3-3 (7)
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, the “Special Provisions”
covering all such work will be prepared by the Owner previous to the time of receiving
bids or proposals for any such work and furnished to the Bidder in the form of Addenda.
All such “Special Provisions” shall be considered to be 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 twenty-five (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 not shall such changes be
considered as waiving or invalidating any conditions or provisions of the Contract
Documents.
Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted
herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to
the various depth categories.
C4-4 (1)
By Change order, the
C4-4.4 ALTERATION OF CONTRACT DOCUMENTS:
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 percent 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 owner by him and used for extra work. The fee shall be full and
complete compensation to cover the cost of superintendence, overhead,
other profit, general and all other expense not included in (1), (2), (3), and
(4) above. The Contractor shall keep accurate cost records on the form and
in the method suggested by the Owner and shall give the Owner access to
all accounts, bills, vouchers, and records relating to the Extra Work.
No “Change Order” shall become effective until it has been approved and signed by each
of the Contracting Parties.
No claim for Extra Work of any kind will be allowed unless ordered in writing by the
Owner. In case any orders or instructions, either oral or written, appear to the Contractor
to involve Extra Work for which he should receive compensation, he shall make written
request to the Engineer for written orders authorizing such Extra Work, prior to beginning
such work.
C4-4 (2)
Should a difference arise as to what does or dose 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
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 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 initiated by a “Change
Order” shall be a full, complete and final payment for all costs Contractor incurs as a
result or relating to the change or extra work, whether said costs are known, unknown,
foreseen or unforeseen at that time, including without limitation, any costs for delay,
extended overhead, ripple or impact cost, or any other effect on changed or unchanged
work as a result of the change or extra work.
C4-4.6 CONSTRUCTION SCHEDULE: Before commencing any work under this
contract, the CONTRACTOR shall submit to the OWNER a draft detailed baseline
construction schedule that meets the requirements described in this specification, showing
by Critical Path Method (CPM) the planned sequence and timing of the Work associated
with the Contract. All submittals shall be submitted in PDF format, and schedule files
shall also be submitted in native file format (i.e. file formats associated with the
scheduling software). The approved scheduling software systems for creating the
schedule files are:
−
−
−
−
Primavera (Version 6.1 or later or approved by OWNER)
Primavera Contractor (Version 6.1 or later or approved by OWNER)
Primavera SureTrak (Version 3.x or later or approved by OWNER)
Microsoft Project (Version 2003/2007 or later or approved by OWNER)
It is suggested that the CONTRACTOR employ or retain the services of a qualified
Project Scheduler to develop the required schedules. A qualified Project Scheduler
would have the following minimum capabilities and experience.
a. Experience preparing and maintaining detailed schedules, as well as 1 year of
experience using approved scheduling software systems as defined in this
specification.
b. Knowledge of Critical Path Method of scheduling and the ability to analyze
schedules to determine duration, resource allocation, and logic issues.
C4-4 (3)
c. Understanding of construction work processes to the extent that a logical critical
path method schedule can be developed, maintained, and progressed that
accurately represents the scope of work performed.
C4-4.6(a) BASELINE CONSTRUCTION SCHEDULE: The CONTRACTOR shall
develop, submit and review the draft detailed baseline construction schedule with the
OWNER to demonstrate the CONTRACTOR’s understanding of the contract
requirements and approach for performing the work. The CONTRACTOR will prepare
the final detailed baseline construction schedule based on OWNER comments, if any.
The CONTRACTOR’s first (1st) payment application will only be processed after the
detailed baseline construction schedule has been submitted by the CONTRACTOR and
accepted by the OWNER.
The following guidelines shall be adhered to in preparing the baseline construction
schedule.
a. Milestone dates and final project completion dates shall be developed to conform
to the time constraints, sequencing requirements, and completion time.
b. The construction progress shall be divided into activities with time durations no
greater than 20 work days. Fabrication, delivery and submittal activities are
exceptions to this guideline.
c. Activity durations shall be in work days and normal holidays and weather
conditions over the duration of the contract shall be accounted for within the
duration of each activity.
d. The critical path shall be clearly shown on the construction schedule.
e. Float time is defined as the amount of time between the earliest start date and the
late start date using CPM. Float time is a shared and expiring resource and is not
for the exclusive use or benefit of the CONTRACTOR or OWNER.
f. Thirty days shall be used for submittal review unless otherwise specified.
The construction schedule shall be divided into general activities as indicated in the
Schedule Guidance Document and each general activity shall be broken down into subactivities in enough detail to achieve sub-activities of no greater than 20 days duration.
The Schedule Guidance Document is located on Buzzsaw and is hereby made a part of
this contract document by reference for all purposes, the same as if copies verbatim
herein.
For each general activity, the construction schedule shall identify all trades or
subcontracts applicable to the project whose work is represented by activities that follow
the guidelines of this section.
For each of the trades or subcontracts applicable to the project, the construction schedule
shall indicate the following: procurement, construction, pre-acceptance activities, and
C4-4 (4)
events in their logical sequence for equipment and materials. Include applicable activities
and milestones such as:
1. Milestone for formal Notice to Proceed
2. Milestone for Final Completion or other completion dates specified in the contract
documents
3. Preparation and transmittal of submittals
4. Submittal review periods
5. Shop fabrication and delivery
6. Erection and installation
7. Transmittal of manufacturer’s operation and maintenance instructions
8. Installed equipment and material testing
9. Owner’s operator instructions (if applicable)
10. Final inspection
11. Operational testing
C4-4.6(b) PROGRESS CONSTRUCTION SCHEDULE: The CONTRACTOR shall
prepare and submit monthly to the OWNER for approval the updated schedule in
accordance with C4-4.6 and C4-4.7 and the OWNER’s Schedule Guidance Document
inclusive. As the Work progresses, the CONTRACTOR shall enter into the schedule and
record actual progress as described in the Schedule Guidance Document.
The updated schedule submittal shall also include a concise narrative report that
highlights the following, if appropriate and applicable:
•
•
•
•
•
•
Changes in the critical path,
Expected schedule changes,
Potential delays,
Opportunities to expedite the schedule,
Coordination issues the OWNER should be aware of or can assist with,
Other schedule-related issues that the CONTRACTOR wishes to communicate to
the OWNER.
a. The CONTRACTOR’s monthly progress payment applications will not be accepted
and processed for payment without monthly schedule updates, submitted in the time
and manner required by this specification and the Schedule Guidance Document, and
which accurately reflects the allowable costs due under the Contract Documents and
is accepted by the OWNER.
b. Only one schedule update will be required per month in accordance with the Schedule
Guidance Document and this specification.
c. Failure to maintain the Schedule in an accepted status may result in the OWNER
withholding payment to the CONTRACTOR until the schedule is accepted.
C4-4 (5)
C-4-4.6(c) PERFORMANCE AND CONSTRUCTION SCHEDULE: 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 schedule progress and to ensure completion of the
Work within the allotted Contract time.
Failure of the CONTRACTOR to comply with these requirements shall be considered
grounds for determination by the OWNER that the CONTRACTOR is failing to execute
the Work with due diligence as will ensure completion within the time specified in the
Contract.
C4-4.7 SCHEDULE TIERS SPECIAL INSTRUCTIONS:
The requirements for the schedule are determined based on the nature and needs of the
project. The schedule for all projects shall be Tier 3 unless otherwise stated in the
contract documents. The requirements for each Tier are described below.
CONTRACTOR shall submit each schedule relying on the Schedule Guidance Document
provided in the Contract Documents.
TIER 3 COST LOADING SPECIAL INSTRUCTIONS:
1. At a minimum, each Activity Breakdown Structure (ABS) in the
scheduling software shall be cost-loaded with the total contract dollars
associated with the respective ABS elements.
1. Adhere to all Tier 3 requirements, and additionally the following:
2. Work (Schedule of Values Pay Items using the OWNER’s standard
items) shall be loaded into the scheduling software using the “NONLABOR” resource type showing the quantity of work to be done along
with the corresponding value of the work measured in dollars. It is
intended that Earned Value will be calculated as the schedule resources
are progressed.
1. Adhere to all Tier 4 requirements, and additionally the following:
•
Labor resources (Man-Hours) shall be loaded into the scheduling
software using the “LABOR” resource type with man-hours and
without cost.
C4-4 (6)
C5-5 CONTROL OF WORK AND
MATERIALS
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. The
Engineer shall decide all questions which arise as to the quality and acceptability of the
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, sequence 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.
The Engineer 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.
The finished project in all cases shall
C5-5.2 CONFORMITY WITH PLANS:
conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or
any other requirements other wise 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.
C5-5.3 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
specification, 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
C5-5 (1)
Contract Documents, and the owner shall be permitted to make such corrections or
interpretations as may be deemed necessary for 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 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 Contract Documents and shall have available on the site of the project
at all times, one set of such Contract Documents.
The Contractor shall give to the work the constant attention necessary to facilitate the
progress thereof and shall cooperate with the Engineer, his inspector, and other
Contractors in every possible way.
The Contractor shall at all times have competent personnel available to the project site for
proper performance of the work. The Contractor shall provide and maintain at all times at
the site of the project a competent, English-speaking superintendent and an assistant who
are fully authorized to act as the Contractor’s agent on the work. Such superintendent and
his assistant shall be capable of reading and understanding the Contract Documents and
shall receive and fulfill instructions from the Owner, the Engineer, or his authorized
representatives. Pursuant to this responsibility of the Contractor, the Contractor shall
designate in writing to the project superintendent, to act as the Contractor’s agent on the
work. Such assistant project superintendent shall be a resident of Tarrant County, Texas,
and shall be subject to call, as is the project superintendent, at any time of the day or night
on any day of the week on which the Engineer determines that circumstances require the
presence on the project site of a representative of the Contractor to 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 the 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.
When, in the opinion
C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK:
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 a working-day basis.
Should the Contractor fail to respond to a request from the Engineer to rectify any
discrepancies, omissions, or correction 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
C5-5 (2)
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 shoe 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 deduct
an amount equal to the entire costs for such remedial action, plus 25%, from any funds
due the Contractor on the project.
C5-5.6 FIELD OFFICE:
The Contractor shall provide, at no extra compensation, an
adequate field office for use of the Engineer, if specifically called for. The field office
shall be not less than 10 x 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 CONTRUCTION 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 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.
These stakes or markings shall be set sufficiently in advance of construction operations to
avoid delay. Such stakes or markings as may be established for 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 INSPECTOR:
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 the authority to reject materials or equipment, and/or to
suspend work until the question at issue can be referred to and 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 tot he requirement s of the
C5-5 (3)
Contract Documents. The City Inspector will in no case act as superintendent or foreman
or perform any other duties for the Contractor, or interfere with the management or
operation of the work. He will not accept from the Contractor any compensation in any
form for performing any duties. The Contractor shall regard and obey the directions and
instructions of the City Inspector or Engineer when the same are consistent with the
obligations of the Contract Documents of the Contract Documents, provided, however,
should the Contractor object to any orders or instructions or the City Inspector, the
Contractor may within six days make written appeal to the Engineer for his decision on
the matter in Controversy.
C5-5.9 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 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 Work so exposed or examined prove to be unacceptable, the uncovering
or removing and 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 EDEFCTIVE 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 this expense. Work done beyond
the lines and grades given or as shown on the plans, except as herein specially provided,
or any Extra Work done without written authority, will be considered as unauthorized and
done at the expense of the Contractor and will not be paid for by the Owner. Work so
done may be ordered removed at the Contractor’s expense. Upon the failure on the part of
the Contractor to comply with any order of the Engineer made under the provisions of
this paragraph, the Engineer will have the authority to cause defective work to be
remedied or removed and replaced and unauthorized work to be removed, and the cost
thereof may be deducted from any money due or to become due tot he Contractor. Failure
to require the removal of any defective or unauthorized work shall not constitute
acceptance of such work.
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 function called for by the general design,
be similar and of equal substance to that specified and be suited to the same use and
C5-5 (4)
capable of performing the same function as that specified ; and identifying all variations
of the proposed substitute from that specified and indicating available maintenance
service. No substitute shall be ordered or installed without written approval of Engineer
who will be the judge of the equality and may require Contractor to furnish such other
data about the proposed substitute as he considers pertinent. No substitute shall be
ordered or installed without such performance guarantee and bonds as Owner may require
which shall be furnished at Contractor’s expense. Contractor shall indemnify and hold
harmless Owner and Engineer and anyone directly or indirectly employees 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 OF 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 other wise specifically provided. The failure of the Owner to
make any tests of materials shall 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 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
Contractor 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 new materials.
All materials which are to be used in the
C5-5.13 STORAGE OF MATERIALS:
construction contract shall be stored so as to insure the preservation of 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 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 the existing utilities are based on the best information
available. Omission from, the inclusion of utility locations on the Plans is not to be
considered as 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
C5-5 (5)
all utilities, etc., is unknown to the Owner, and the Owner assumes no responsibility for
failure to show any or all such structures and utilities on the plans or to show them in
their exact location. It is mutually agreed that such failure will not be considered
sufficient basis for claims for additional compensation for Extra Work or for increasing
the pay quantities in any manner whatsoever, unless an obstruction encountered is such as
to necessitate changes in the lines and grades of considerable magnitude or requires the
building of special works, provision of which is not made in these Contract Documents,
in which case the provision in these Contract Documents for Extra Work shall apply.
It shall be the Contractor’s responsibility to verify locations of the adjacent and/or
conflicting utilities sufficiently in advance of construction in order that he may negotiate
such local adjustments as necessary in the construction process to provide adequate
clearances. The Contractor shall take all necessary precautions in order to protect all
existing utilities, structures, and service lines. Verification of existing utilities, structures,
and service lines shall include notification of all utility companies at least forty-eight (48)
hours in advance of construction including exploratory excavation if necessary. All
verification of utilities and their adjustment shall be considered subsidiary work.
C5-5.15 INTERRUPTION OF SERVICE:
a.
Normal Prosecution:
In the normal prosecution of work where the
interruption of service is necessary, the Contractor, at least 24 hours in
advance, shall be required to:
1.
Notify the Water Department’s Distribution Division as to
location, time, and schedule of service interruption.
2.
Notify each customer personally through responsible personnel as
to the 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 door
knob. The tag shall be durable in composition, and in large bold
letters shall say:
C5-5 (6)
“NOTICE”
Due to Utility Improvement in your neighborhood, your
(water) (sewer) service will be interrupted 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 immediate.
C5-5.16 MUTUAL RESPONSIBILITY OF CONTRACTORS: If, through act or
neglect on the part of the Contractor, or any other Contractor or any sub-contractor shall
suffer loss or damage of the work, the Contractor agrees to settle with such other
Contractor or sub-contractor by agreement or arbitration. If such other Contractor or subcontractor shall assert any claim against the owner on account of 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 satisfaction of the
Engineer. Twenty-four (24) hours after written notice is given the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the Engineer, if the
Contractor fails to correct the unsatisfactory procedure, the City may take such direct
action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the
Contractor in the written notice, and the costs of such direct action, plus 25 % of such
costs, shall be deducted from the monies due or to become due to the Contractor.
Upon the completion of the project as a whole as covered by these Contract Documents,
and before final acceptance and final payment will be made, the Contractor shall clean
and remove from the site of the project all surplus and discarded materials, temporary
structures, and debris of every kind. He shall leave the site of all work in a neat and
orderly condition equal to that which originally existed. Surplus and waste materials
removed from the site of the work shall be disposed of at locations satisfactory to the
Engineer. The Contractor shall thoroughly clean all equipment and materials installed by
him and shall deliver over such materials and equipment in a bright, clean, polished and
new appearing condition. No extra compensation will be made to the Contractor for any
clean-up required on the project.
C5-5 (7)
C5-5.18 FINAL INSPECTION:
Whenever the work provided for in and
contemplated under the Contract Documents has been satisfactorily completed and final
clean-up performed, the Engineer will notify the proper officials of the Owner and request
that a Final Inspection be made. Such inspection will be made within 10 days after such
notification. After such final inspection, if the work and materials and equipment are
found satisfactory, the Contractor will be notified in writing of the acceptance of the same
after the proper resolution has been passed by the City Council. No time charge will be
made against the Contractor between said date of notification of the Engineer and the date
of final inspection of the work.
C5-5 (8)
C6-6 LEGAL RELATIONS AND PUBLIC
RESPONSIBILITY
SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY
C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and
comply with all Federal and State Laws and City ordinances and regulations which in any
way affect the conduct of the work or his operations, and shall observe and comply with
all orders, laws, ordinances and regulations which exist or which may be enacted later by
bodies having jurisdiction or authority for such enactment. No plea or misunderstanding
or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify
and save harmless the City and all of its officers, agents, and employees against any and
all claims or liability arising from or based on the violation of any such law, ordinance,
regulation, or order, whether it be by himself or his employees.
The Contractor shall procure all permits and
C6-6.2 PERMITS AND LICENSES:
licenses, pay all charges, costs and fees, and give all notices necessary and incident to the
due and lawful prosecution of the work.
C6-6.3 PATENTED DEVICES, MATERIALS, AND PROCESSES: If the Contractor
is required or desires to use any design, device, material, or process covered by letter,
patent, or copyright, he shall provide for such use by suitable legal agreement with the
patentee or owner of such patent, letter, or copyrighted design. It is mutually agreed and
understood that without exception the contract price shall include all royalties or cost
arising from patents, trademarks, and copyrights in any way involved in the work. The
Contractor and his sureties shall indemnify and save harmless the Owner from any and all
claims for infringement by reason of the use of any such trade-mark or copyright in
connection with the work agreed to be performed under these Contract Documents, and
shall indemnify the Owner for any cost, expense, or damage which it may be obliged to
pay by reason of such infringement at any time during the prosecution of the work or after
completion of the work, provided, however, that the Owner will assume the responsibility
to defend any and all suits brought for the infringement of any patent claimed to be
infringed upon the design, type of construction or material or equipment specified in the
Contract Documents furnished the Contractor by the Owner, and to hold the Contractor
harmless on account of such suits.
C6-6.4 SANITARY PROVISIONS:
The Contractor shall establish and enforce
among his employees such regulations in regard to cleanliness and disposal of garbage
and waste as will tend to prevent the inception and spread of infectious or contagious
diseases and to effectively prevent the creation of a nuisance about the work on any
property either public or private, and such regulations as are required by Law shall be put
into immediate force and effect by the Contractor. The necessary sanitary conveniences
for use of laborers on the work, properly secluded from public observation, shall be
constructed and maintained by the Contractor and their use shall be strictly enforced by
C6-6(1)
the Contractor. All such facilities shall be kept in a clean and sanitary condition, free from
objectionable odors so as not to cause a nuisance. All sanitary laws and regulations of the
State of Texas and the City shall be strictly complied with.
C6-6.5 PUBLIC SAFETY AND CONVENIENCE:
Materials
or
equipment
stored about the work shall be placed and used, and the work shall at all times be so
conducted, as to cause no greater obstruction or inconvenience to the public than is
considered to be absolutely necessary by the Engineer. The Contractor is required to
maintain at all times all phases of his work in such a manner as not to impair the safety or
convenience of the public, including, but not limited to, safe and convenient ingress and
egress to the property contiguous tot he work area. The Contractor shall make adequate
provisions to render reasonable ingress and egress for normal vehicular traffic, except
during actual trenching or pipe installation operations, at all driveway crossings. Such
provisions may include bridging, placement or crushed stone or gravel or such other
means of providing proper ingress and egress for the property served by the driveway as
the Engineer may approve as appropriate. Such other means may include the diversion of
driveway traffic, with specific approval by the Engineer, If diversion of traffic is
approved by the Engineer at any location, the Contractor may make arrangements
satisfactory to the Engineer for the diversion of traffic, and shall, at his expense, provide
all materials and perform all work necessary for the construction and maintenance of
roadways and bridges for such diversion of traffic. Sidewalks must not be obstructed
except by special permission of the Engineer.
The materials excavated and the construction materials such as pipe used in construction
of the work shall be placed so as not to endanger the work or prevent free access to all
fire hydrants, fire alarm boxes, police call boxes, water valves, gas valves, or manholes in
the vicinity. The Owner reserves the right to remedy any neglect on the part of the
Contractor as regards to public convenience and safety which may come to its attention,
after twenty-four hours notice in writing to the Contractor, save in cases of emergency
when it shall have the right to remedy any neglect without notice, and in either case, the
cost of such work or materials furnished by the Owner or by the City shall be deducted
from the monies due or to become due to the Contractor.
The Contractor, after approval of the Engineer, shall notify the Fire Department
Headquarters, Traffic Engineer, and Police Department, when any street or alley is
requested to be closed or obstructed or any fire hydrant is to be made inaccessible, and
when so directed by the Engineer, shall keep any street, streets, or highways in condition
for unobstructed use by fire apparatus. The Contractor shall promptly notify the Fire
Department Headquarters when all such obstructed streets, alleys, or hydrants are placed
back in service.
Where the Contractor is required to construct temporary bridges or make other
arrangements for crossing over ditches or streams, his responsibility for accidents in
connection with such crossings shall include the roadway approaches as well as the
structures of such crossings.
C6-6(2)
The Contractor shall at all times conduct his operation and use of construction machinery
so as not to damage or destroy trees and scrubs located in close proximity to or on the site
of the work. Wherever any such damage may be done, the Contractor shall immediately
satisfy all claims of property owners, and no payment will be made by the Owner in
settlement of such claims. The Contractor shall file with the Engineer a written statement
showing all such claims adjusted.
C6-6.6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND
For the performance of the contract, the Contractor will be
RIGHT-OF-WAY:
permitted to use and occupy such portions of the public streets and alleys, or other public
places or other rights-of-way as provided for in the ordinances of the City, as shown in
the Contract Documents, or as may be specifically authorized in writing by the Engineer.
A reasonable amount of tools, materials, and equipment for construction purposes may be
stored in such space, but no more than is necessary to avoid delay in the construction
operations. Excavated and waste materials shall be piled or staked in such a way as not to
interfere with the use of spaces that may be designated to be left free and unobstructed
and so as not to inconvenience occupants of adjacent property. If the street is occupied by
railroad tracks, the work shall be carried on in such manner as not to interfere with the
operation of trains, loading or unloading of cars, etc. Other contractors of the Owner may,
for all purposes required by the contract, enter upon the work and premises used by the
Contractor and shall be provided all reasonable facilities and assistance for the
completion of adjoining work. Any additional grounds desired by the Contractor for his
use shall be provided by him at his own cost and expense.
C6-6.7 RAILWAY CROSSINGS: When the work encroaches upon any right-of-way
of any railroad, the City will secure the necessary easement for the work. Where the
railroad tracks are to be crossed, the Contractor shall observe all the regulations and
instructions of the railroad company as to the methods of performing the work and take
all precautions for the safety of property and the public. Negotiations with the railway
companies for the permits shall be done by and through the City. The Contractor shall
give the City Notice not less than five days prior to the time of his intentions to begin
work on that portion of the project which is related to the railway properties. The
Contractor will not be given extra compensation for such railway crossings unless
specifically set forth in the Contract Documents.
Where the work is
C6-6.8 BARRICADES, WARNINGS AND WATCHMEN:
carried on in or adjacent to any street, alley, or public place, the Contractor shall at his
own expense furnish, erect, and maintain such barricades, fences, lights, and danger
signals, shall provide such watchman, and shall take all such other precautionary
measures for the protection of persons or property and of the work as are necessary.
Barricades and fences shall be painted in a color that will be visible at night. From sunset
to sunrise the Contractor shall furnish and maintain at least one easily visible burning
light at each barricade. A sufficient number of barricades shall be erected and maintained
to keep pedestrians away from, and vehicles from being driven on or into, any work under
C6-6(3)
construction or being maintained. The Contractor shall furnish watchmen and keep them
at their respective assignments in sufficient numbers to protect the work and prevent
accident or damage.
All installations and procedures shall be consistent with provisions set forth in the “1980
Texas Manual on Uniform Traffic Control Devices for Streets and Highways” issued
under the authority of the “State of Texas Uniform Act Regulating Traffic on Highways”,
codified as Article 6701d Veron’s Civil Statues, pertinent section being Section Nos. 27,
29, 30 and 31.
The Contractor will not remove any regulatory sign, instructional sign, street name sign,
or other sign which has been erected by the City. If it is determined that a sign must be
removed to permit required construction, the Contractor shall contact the Transportation
and Public Works Department, Signs and Markings Division (phone number 871-8075),
to remove the sign. In case of regulatory signs, the Contractor must replace the permanent
sign with a temporary sign meeting the requirements of the above referred manual and
such temporary sign must be installed prior to the removal of the permanent sign. If the
temporary sign is not installed correctly or if it does not meet the required specifications,
the permanent sign shall be left in place until the temporary sign requirements are met.
When construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to re-install
the permanent sign and shall leave his temporary sign in place until such re-installation is
completed.
The Contractor will be held responsible foe all damage to the work or the public due to
failure of barricades, signs, fences, lights, or watchmen to protect them. Whenever
evidence is found of such damage to the work the Engineer may order the damaged
portion immediately removed and replaced by the Contractor at the Contractor’s own
expense. The Contractor’s responsibility for the maintenance of barricades, signs, fences
and lights, and for providing watchmen shall not cease until the project shall have been
completed and accepted by the Owner.
No compensation, except as specifically provided in these Contract Documents, will be
paid to the Contractor for the Work and materials involved in the constructing, providing,
and maintaining of barricades, signs, fences, and lights or salaries of watchmen, for the
subsequent removal and disposal of such barricades, signs, or for any other incidentals
necessary for the proper protection, safety, and convenience of the public during the
contract period, as this work is considered to be subsidiary to the several items for which
unit or lump sum prices are requested in the Proposal.
C6-6.9 USE OF EXPLOSIVES, DROP WEIGHT, ETC.: Should the Contractor elect to
use explosives, drop weight, etc., in the prosecution of the work, the utmost care shall be
exercised at all times so as not to endanger life or property. The Contractor shall notify
the proper representative of any public service corporation, any company, individual, or
utility, and the Owner, not less than twenty-four hours in advance of the use of any
C6-6(4)
activity which might damage or endanger their or his property along or adjacent to the
work.
Where the use of explosives is to be permitted on the project, as specified in the Special
Conditions Documents, or the use of explosives is requested, the Contractor shall submit
notice to the Engineer in writing twenty-four hours prior to commencing and shall furnish
evidence that he has insurance coverage to protect against any damages and/or injuries
arising out of such use of explosives.
C6-6.10 WORK WITHIN EASEMENTS: Where the work passes over, through, or into
private property, the Owner will provide such right-of-way or easement privileges, as the
City may deem necessary for the prosecution of the work. Any additional rights-of-way or
work area considered necessary by the Contractor shall be provided by him at his
expense. Such additional rights-of-way or work area shall be acquired for the benefit of
the City. The City shall be notified in writing as to the rights so acquired before work
begins in the affected area. The Contractor shall not enter upon private property for any
purpose without having previously obtained permission from the owner of such property.
The Contractor will not be allowed to store equipment or material on private property
unless and until the specified approval of the property owner has been secured in writing
by the Contractor and a copy furnished to the Engineer. Unless specifically provided
otherwise, the Contractor shall clear all rights-of-way or easements of obstructions which
must be removed to make possible proper prosecution of the work as a part of the project
construction operations. The Contractor shall be responsible for the preservation of and
shall use every precaution to prevent damage to, all tress, shrubbery, plants, lawns,
fences, culverts, curbing, and all other types of structures or improvements, to all water,
sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof,
including the construction of temporary fences and to all other public or private property
adjacent to the work.
The Contractor shall notify the proper representatives of the owners or occupants of the
public or private lands of interest in lands which might be affected by the work. Such
notice shall be made at least 48 hours in advance of the beginning of the work. Notices
shall be applicable to both public and private utility companies or any corporation,
company, individual, or other, either as owners or occupants, whose land or interest in
land might be affected by the work. The Contractor shall be responsible for all damage or
injury to property of any character resulting from any act, omission, neglect, or
misconduct in the manner or method or execution of the work, or at any time due to
defective work, material, or equipment.
When and where any direct or indirect or injury is done to public or private property on
account of any act, omission, neglect, or misconduct in the execution of the work, or in
consequence of non-execution thereof on the part of the Contractor, he shall restore or
have restored as his cost and expense such property to a condition at least equal to that
existing before such damage or injury was done, by repairing, rebuilding, or otherwise
C6-6(5)
replacing and restoring as may be directed by the Owner, or he shall make good such
damages or injury in a manner acceptable to the owner of the property and the Engineer.
All fences encountered and removed during construction of this project shall be restored
to the original or a better than original condition upon completion of this project. When
wire fencing, either wire mesh or barbed wire is to be crossed, the Contractor shall set
cross brace posts on either side of the permanent easement before the fence is cut. Should
additional fence cuts be necessary, the Contractor shall provide cross-braced posts at the
point of the proposed cut in addition to the cross braced posts provided at the permanent
easements limits, before the fence is cut.
Temporary fencing shall be erected in place of the fencing removed whenever the work is
not in progress and when the site is vacated overnight, and/or at all times to prevent
livestock from entering the construction area. The cost for fence removal, temporary
closures and replacement shall be subsidiary to the various items bid in the project
proposal. Therefore, no separate payment shall be allowed for any service associated with
this work.
In case of failure on the part of the Contractor to restore such property or to make good
such damage or injury, the Owner may, upon 48 hour written notice under ordinary
circumstances, and without notice when a nuisance or hazardous condition results,
proceed to repair, rebuild, or otherwise restore such property as may be determined by the
Owner to be necessary, and the cost thereby will be deducted from any monies due to or
to become due to the Contractor under this contract.
It is understood and agreed by the
C6.6.11 INDEPENDENT CONTRACTOR:
parties hereto that the Contractor shall perform all work and services hereunder as an
independent contractor, and not as an officer, agent, servant, or employee of the Owner.
Contractor shall have exclusive control of and exclusive right to control the details of all
work and services performed hereunder, and all persons performing the same, and shall
be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractor, subcontractors, licensees and invitees. The doctrine of respondeat
superior shall not apply as between Owner and Contractor, its officers, agents, employees,
contractors and subcontractors, and nothing herein shall be construed as creating a
partnership or joint enterprise between Owner and Contractor.
C6-6.12 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor
covenants and agrees to, and does hereby indemnify, hold harmless and defend Owner, its
officers, agents, servants, and employees from and against any and all claims or suits for
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising out of or in connection
with, directly or indirectly, the work and services to be performed hereunder by the
Contractor, its officers, agents, employees, contractors, subcontractors, licensees or
invitees, whether or not caused, in whole or in apart, by alleged negligence on the part of
officers, agents, employees, contractors, subcontractors, licensees or invitees of the
C6-6(6)
Owner; and said Contractor does hereby covenant and agree to assume all liability and
responsibility of Owner, its officers, agents, servants, and employees for property damage
or loss, and/or personal injuries, including death, to any and all person of whatsoever kind
or character, whether real or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by the Contractor, its
officers, agents, employees, contractors, subcontractors, licensees or invitees, whether or
not caused, in whole or in apart, by alleged negligence of officers, agents, employees,
contractors, subcontractors, licensees or invitees of the Owner. Contractor likewise
covenants and agrees to, and does hereby, indemnify and hold harmless Owner from and
against any and all injuries, loss or damages to property of the Owner during the
performance of any of the terms and conditions of this Contract, whether arising out of or
in connection with or resulting from, in whole or in apart, any and all alleged acts of
omission of officers, agents, employees, contractors, subcontractors, licensees, or invitees
of the Owner.
In the event a written claim for damages against the contractor or its subcontractors
remains unsettled at the time all work on the project has been completed to the
satisfaction of the Director of the Water Department, as evidenced by a final inspection,
final payment to the Contractor shall not be recommended to the Director of the Water
Department for a period of 30 days after the date of such final inspection, unless the
Contractor shall submit written evidence satisfactory to the Director that the claim has
been settled and a release has been obtained from the claimant involved.
If the claims concerned remains unsettled as of the expiration of the above 30-day period,
the Contractor may be deemed to be entitled to a semi-final payment for work completed,
such semi-final payment to be in the amount equal to the total dollar amount then due less
the dollar value of any written claims pending against the Contractor arising out of
performance of such work, and such semi-final payment may then be recommended by
the Director.
The Director shall not recommend final payment to a Contractor against whom such a
claim for damages is outstanding for a period of six months following the date of the
acceptance of the work performed unless the Contractor submits evidence in writing
satisfactory tot he Director that:
1.
The claim has been settled and a release has been obtained from the
claimant involved, or
2.
Good faith efforts have been made to settle such outstanding claims, and
such good faith efforts have failed.
If condition (1) above is met at any time within the six month period, the Director shall
recommend that the final payment to the Contractor be made. If condition (2) above is
met at any time within the six month period, the Director may recommend that final
payment to the Contractor be made. At the expiration of the six month period, the
C6-6(7)
Director may recommend that final payment be made if all other work has been
performed and all other obligations of the Contractor have been met to the satisfaction of
the Director.
The Director may, if he deems it appropriate, refuse to accept bids on other Water
Department Contract work from a Contractor against whom a claim for damages is
outstanding as a result of work performed under a City Contract.
C6-6.13 CONTRACTOR’S CLAIM FOR DAMAGES: Should the Contractor claim
compensation foe any alleged damage by reason of the acts or omissions of the Owner, he
shall within three days after the actual sustaining of such alleged damage, make a written
statement to the Engineer, setting out in detail the nature of the alleged damage, and on or
before the 25th day of the month succeeding that in which ant such damage is claimed to
have been sustained, the Contractor shall file with the Engineer an itemized statement of
the details and the amount of such alleged damage and, upon request, shall give the
Engineer access to all books of account, receipts, vouchers, bills of lading, and other
books or papers containing any evidence as to the amount of such alleged damage. Unless
such statements shall be filed as hereinabove required, the Contractor’s claim for
compensation shall be waived, and he shall not be entitled to payment on account of such
damages.
C6-6.14 ADJUSTMENT OR RELOCATION OF PUBLIC UTILITIES, ETC.: In case
it is necessary to change, move, or alter in any manner the property of a public utility or
others, the said property shall not be moved or interfered with until orders thereupon have
been issued by the Engineer. The right is reserved to the owners of public utilities to enter
the geographical limits of the Contract for the purpose of making such changes or repairs
to the property that may be necessary by the performance of this Contract.
C6-6.15 TEMPORARY SEWER AND DRAIN CONNECTIONS:
When existing
sewer lines have to be taken up or removed, the Contractor shall, at his own expense and
cost, provide and maintain temporary outlets and connections for all private or public
drains and sewers. The Contractor shall also take care of all sewage and drainage which
will be received from these drains and sewers, and for this purpose he shall provide and
maintain, at his own cost and expense, adequate pumping facilities and temporary outlets
or divisions.
The Contractor, at his own cost and expense, shall construct such troughs, pipes, or other
structures necessary, and be prepared at all times to dispose of drainage and sewage
received from these temporary connections until such times as the permanent connections
are built and are in service. The existing sewers and connections shall be kept in service
and maintained under the Contract, except when specified or ordered to be abandoned by
the Engineer. All water, sewage, and other waste shall be disposed of in a satisfactory
manner so that no nuisance is created and so that the work under construction will be
adequately protected.
C6-6(8)
C6-6.16 ARRANGEMENT AND CHARGES FOR WATER FURNISHED BY THE
CITY: When the Contractor desires to use City water in connection with any construction
work, he shall make complete and satisfactory arrangements with the Fort Worth City
Water Department for so doing.
City water furnished to the Contractor shall be delivered to the Contractor from a
connection on an existing City main. All piping required beyond the point of delivery
shall be installed by the Contractor at his own expense.
The Contractor’s responsibility in the use of all existing fire hydrant and/or valves is
detailed in Section E2-1.2 USE OF FIRE HYDRANTS AND VALVES in these General
Contract Documents.
When meters are used to measure the water, the charges, if any, for water will be made at
the regular established rates. When meters are not used, the charges, if any, will be as
prescribed by the City ordinance, or where no ordinances applies, payment shall be made
on estimates and rates established by the Director of the Fort Worth Water Department.
C 6-6.17 USE OF A SECTION OR PORTION OF THE WORK: Whenever, in the
opinion of the Engineer, any section or portion of the work or any structure is in suitable
condition, it may be put into use upon the written notice of the Engineer, and such usage
shall not be held to be in any way an acceptance of said work or structure or any part
thereof or as a waiver of any of the provisions of these Contract Documents. All
necessary repairs and removals of any section of the work so put into use, due to defective
materials or workmanship, equipment, or deficient operations on the part of the
Contractor, shall be performed by the Contractor at his expense.
C6-6.18 CONTRACTOR’S RESPONSIBILITY FOR THE WORK:
Until written
acceptance by the Owner as provided for in these Contract Documents, the work shall be
under the charge and care of the Contractor, and he shall take every necessary precaution
to prevent injury or damage to the work or any part thereof by action of the elements or
from any cause whatsoever, whether arising from the execution or nonexecution of the
work. The Contractor shall rebuild, repair, restore, and make good at his own expense all
injuries or damage to any portion of the work occasioned by any of the hereinabove
causes.
Inspection by the Engineer or any
C6-6.19 NO WAIVER OF LEGAL RIGHTS:
order by the Owner by payment of money or any payment for or acceptance of any work,
or any extension of time, or any possession taken by the City shall not operate as a waiver
of any provision of the Contract Documents. Any waiver of any breach or Contract shall
not be held to be a waiver of any other or subsequent breach.
The Owner reserves the right to correct any error that may be discovered in any estimate
that may have been paid and to adjust the same to meet the requirements of the Contract
Documents.
C6-6(9)
C6-6.20 PERSONAL LIABILITY OF PUBLIC OFFICIALS:
In carrying out the
provisions of these Contract Documents or in exercising any power of authority granted
thereunder, there shall be no liability upon the authorized representative of the Owner,
either personally or other wise as they are agents and representatives of the City.
C6-6.21 STATE SALES TAX:
On a contract awarded by the City of Fort Worth,
and organization which qualifies for exemption pursuant the provisions of Article 20.04
(H) of the Texas Limited Sales, Excise, and Use Tax Act, the Contractor may purchase,
rent or lease all materials, supplies and equipment used or consumed in the performance
of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said
exemption certificate to comply with State Comptroller’s Ruling .007. Any such
exemption certificate issued to the Contractor in lieu of the tax shall be subject to and
shall comply with the provision of State Comptroller’s Ruling .011, and any other
applicable State Comptroller’s rulings pertaining to the Texas Limited Sales, Excise, and
Use Tax Act.
On a contract awarded by a developer for the construction of a publicly-owner
improvement in a street right-of-way or other easement which has been dedicated to the
public and the City of Fort Worth, an organization which qualifies for exemption
pursuant the provisions of Article 20.04 (H) of the Texas Limited Sales, Excise, and Use
Tax Act, the Contractor can probably be exempted in the same manner stated above.
Texas Limited Sales, Excise, and Use Tax Act permits and information can be obtained
from:
Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX
C6-6(10)
C7-7 PROSECUTION AND PROGRESS
SECTION C7-7 PROSECUTION AND PROGRESS:
C7-7.1 SUBLETTING:
The Contractor shall perform with his own organization,
and with the assistance of workmen under his immediate superintendance, work of a
value of not less than fifty (50%) percent of the value embraced on the contract. If the
Contractor sublets any part of the work to be done under these Contract Documents, he
will not under any circumstances be relieved of the responsibility and obligation assumed
under these Contract Documents. All transactions of the Engineer will be with the
Contractor. Subcontractors will be considered only in the capacity of employees or
workmen of the Contractor and shall be subject tot he same requirements as to character
and competency. The Owner will not recognize any subcontractor on the work. The
Contractor shall at all times, when the work is in operation, be represented either in
person or by a superintendent or other designated representatives.
C7-7.2 ASSIGNMENT OF CONTRACT: The Contractor shall not assign, transfer,
sublet, or otherwise dispose of the contract or his rights, title, or interest in or to the same
or any part thereof without the previous consent of the Owner expressed by resolution of
the City Council and concurred in by the Sureties.
If the Contractor does, without such previous consent, assign, transfer, sublet, convey, or
otherwise dispose of the contract or his right, title, or interest therein or any part thereof,
to any person or persons, partnership, company, firm, or corporation, or does by
bankruptcy, voluntary or involuntary, or by assignment under the insolvency laws of any
states, attempt to dispose of the contract may, at the option of the Owner be revoked and
annulled, unless the Sureties shall successfully complete said contract, and in the event of
any such revocation or annulment, any monies due or to become due under or by virtue of
said contract shall be retained by the Owner as liquidated damages for the reason that it
would be impracticable and extremely difficult to fix the actual damages.
C7-7.3 PROSECUTION OF THE WORK:
Prior to beginning any construction
operations, the Contractor shall submit to the Engineer in five or more copies, if
requested by the Engineer, a progress schedule preferably in chart or diagram form, or a
brief outlining in detail and step by step the manner of prosecuting the work and ordering
materials and equipment which he expects to follow in order to complete the project in
the scheduled time. There shall be submitted a table of estimated amounts to be earned by
the Contractor during each monthly estimate period.
The Contractor shall commence the work to be performed under this contract within the
time limit stated in these Contract Documents and shall conduct the work in a continuous
manner and with sufficient equipment, materials, and labor as is necessary to insure its
completion within the time limit.
C7-7(1)
The sequence requested of all construction operations shall be at all times as specified in
the Special Contract Documents. Any Deviation from such sequencing shall be submitted
to the Engineer for his approval. Contractor shall not proceed with any deviation until he
has received written approval from the Engineer. Such specification or approval by the
Engineer shall not relieve the Contractor from full responsibility of the complete
performance of the Contract.
The contract time may be changed only as set forth in Section C7-7.8 EXTENSION OF
TIME OF COMPLETION of this Agreement, and a progress schedule shall not constitute
a change in the contract time.
C7-7.4 LIMITATION OF OPERATIONS:
The working operations shall at all
times be conducted by the Contractor so as to create a minimum amount of inconvenience
to the public. At any time when, in the judgment of the Engineer, the Contractor has
obstructed or closed or is carrying on operations in a portion of a street or public way
greater than is necessary for proper execution of the work, the Engineer may require the
Contractor to finish the section on which operations are in progress before the work is
commenced on any additional section or street.
C7-7.5 CHARACTER OF WORKMEN AND EQUIPMENT:
Local labor shall be
used by the Contractor when it is available. The Contractor may bring from outside the
City of Fort Worth his key men and his superintendent. All other workmen, including
equipment operators, may be imported only after the local supply is exhausted. The
Contractor shall employ only such superintendents, foremen, and workmen who are
careful, competent, and fully qualified to perform the duties and tasks assigned to them,
and the Engineer may demand and secure the summary dismissal of any person or persons
employed by the Contractor in or about or on the work who, in the opinion of the Owner,
shall misconduct himself or to be found to be incompetent, disrespectful, intemperate,
dishonest, or otherwise objectionable or neglectful in the proper performance of his or
their duties, or who neglect or refuses to comply with or carry out the direction of the
owner, and such person or persons shall not be employed again thereon without written
consent of the Engineer.
All workmen shall have sufficient skill, ability, and experience to properly perform the
work assigned to them and operate any equipment necessary to properly carry out the
performance of the assigned duties.
The Contractor shall furnish and maintain on the work all such equipment as is
considered to be necessary for the prosecution of the work in an acceptable manner and at
a satisfactory rate of progress. All equipment, tools, and machinery used for handling
materials and executing any part of the work shall be subject to the approval of the
Engineer and shall be maintained in a satisfactory, safe and efficient working condition.
Equipment on any portion of the work shall be such that no injury to the work. Workmen
or adjacent property will result from its use.
C7-7(2)
C7-7.6 WORK SCHEDULE:
Elapsed working days shall be computed starting
with the first day of the work completed as defined in C1-1.23 “WORKING DAYS” or
the date stipulated in the “WORK ORDER” for beginning work, whichever comes first.
Nothing in these Contract Documents shall be construed as prohibiting the Contractor
from working on Saturday, Sunday or Legal Holidays, providing that the following
requirements are met:
a.
A request to work on a specific Saturday, Sunday or Legal Holiday must
be made to the Engineer no later that the preceding Thursday.
b.
Any work to be done on the project on such a specific Saturday, Sunday or
Legal Holiday must be, in the opinion of the Engineer, essential to the
timely completion of the project.
The Engineer’s decision shall be final in response to such a request for approval to work
on a specific Saturday, Sunday or Legal Holiday, and no extra compensation shall be
allowed to the Contractor for any work performed on such a specific Saturday, Sunday or
Legal Holiday.
Calendar Days shall be defined in C1-1.24 and the Contractor may work as he so desires.
The Contractor shall
C7-7.7 TIME OF COMMENCEMENT AND COMPLETION:
commence the working operations within the time specified in the Contract Documents
and set forth in the Work Order. Failure to do so shall be considered by the owner as
abandonment of the Contract by the Contractor and the Owner may proceed as he sees fit.
The Contractor shall maintain a rate of progress such as will insure that the whole work
will be performed and the premises cleaned up in accordance with the Contract
Documents and within the time established in such documents and such extension of time
as may be properly authorized.
C7-7.8 EXTENSION OF TIME COMPLETION: The Contractor’s request for an
extension of time of completion shall be considered only when the request for such
extension is submitted in writing to the Engineer within seven days from and after the
time alleged cause of delay shall occurred. Should an extension of the time of completion
be requested such request will be forwarded to the City Council for approval.
In adjusting the contract time for completion of work, consideration will be given to
unforeseen causes beyond the control of and without the fault or negligence of the
Contractor, fire, flood, tornadoes, epidemics, quarantine restrictions, strikes, embargoes,
or delays of sub-contractors due to such causes.
C7-7(3)
When the date of completion is based on a calendar day bid, a request for extension of
time because of inclement weather will not be considered. A request for extension of time
due to inability to obtain supplies and materials will be considered only when a review of
the Contractor’s purchase order dates and other pertinent data as requested by the
Engineer indicates that the Contractor has made a bonafide attempt to secure delivery on
schedule. This shall include efforts to obtain the supplies and materials from alternate
sources in case the first source cannot make delivery.
If satisfactory execution and completion of the contract should require work and materials
in greater amounts or quantities than those set forth in the approved Contract Documents,
then the contract time mat be increased by Change Order.
C7-7.9 DELAYS:
The Contractor shall receive no compensation for delays or
hindrances to the work, except when direct and unavoidable extra cost to the Contractor
is caused by the failure of the City to provide information or material, if any, which is to
be furnished by the City. When such extra compensation is claimed, a written statement
thereof shall be presented by the Contractor to the Engineer and if by the Engineer found
correct, shall be approved and referred by the Engineer to the City Council for final
approval or disapproval; and the action thereon by the City Council shall be final and
binding. If delay is caused by specific orders given by the Engineer to stop work, or by
the performance of extra work, or by the failure of the City to provide material or
necessary instructions for carrying on the work, then such delay will entitle the Contractor
to an equivalent extension of time, his application for shall, however, be subject to the
approval of the City Council: and no such extension of time shall release the Contractor
or the surety on his performance bond from all his obligations hereunder which shall
remain in full force until the discharge of the contract.
C7-7.10 TIME OF COMPLETION:
The time of completion is an essential
element of the Contract. Each bidder shall indicate in the appropriate place on the last
page of the proposal, the number of working days or calendar days that he will require to
fully complete this contract or the time of completion will be specified by the City in the
proposal section of the Contract Documents.
The number of days indicated shall be a realistic estimate of the time required to complete
the work covered by the specific contract being bid upon. The amount of time so stated
by the successful bidder or the City will become the time of completion specified in the
Contract Documents.
For each calendar day that any work shall remain uncompleted after the time specified in
the Contract Documents, or increased time granted by the Owner, or as automatically
increased by additional work or materials ordered after the contract is signed, the sum per
day given in the following schedule, unless otherwise specified in other parts of the
Contract Documents, will be deducted from the monies due the Contractor, not as a
penalty, but as liquidated damages suffered by the Owner.
C7-7(4)
AMOUNT OF CONTRACT
$
5,001
$
15,001
$
25,001
$
50,001
$ 100,001
$ 500,001
$ 1,000,001
$ 2,000,000
Less than
to
to
to
to
to
to
to
AMOUNT OF
LIQUIDATED
DAMAGES
PER DAY
$
5,000
$ 15,000
$ 25,000
$ 50,000
$ 100,000
$ 500,000
$ 1,000,000
$ 2,000,000
and over
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
inclusive
$
$
$
$
$
$
$
$
$
35.00
45.00
63.00
105.00
154.00
210.00
315.00
420.00
630.00
The parties hereto understand and agree that any harm to the City caused by the
Contractor’s delay in completing the work hereunder in the time specified by the Contract
Documents would be incapable or very difficult to calculate due to lack of accurate
information, and that the “Amount of Liquidated Damages Per Day”, as set out above, is
a reasonable forecast of just compensation due the City for harm caused by any delay.
C7-7.11 SUSPENSION BY COURT ORDER:
The Contractor shall suspend
operations on such part or parts of the work ordered by any court, and will not be entitled
to additional compensation by virtue of such court order. Neither will he be liable to the
City in the vent the work is suspended by a Court Order. Neither will the Owner be liable
to the Contractor by virtue of any Court Order or action for which the Owner is not solely
responsible.
C7-7.12 TEMPORARY SUSPENSION:
The Owner shall have the right to suspend
the work operation wholly or in part for such period or periods of time as he may deem
necessary due to unsuitable weather conditions or any other unsuitable conditions which
in the opinion of the Owner or Engineer cause further prosecution of the work to be
unsatisfactory or detrimental to the interest of the project. During temporary suspension
of the work covered by this contract, for any reason, the Owner will make no extra
payment for stand-by time of construction equipment and/or construction crews.
If it should become necessary to suspend work for an indefinite period, the Contractor
shall store all materials in such manner that they will not obstruct or impede the public
unnecessarily nor become damaged in any way, and he shall take every precaution to
prevent damage or deterioration of the work performed; he shall provide suitable drainage
about the work, and erect temporary structures where necessary.
Should the Contractor not be able to complete a portion of the project due to causes
beyond the control of and without the fault or negligence of the Contractor as set forth in
Paragraph C7-7.8 EXTENSION OF THETIME OF COMPLETION, and should it be
C7-7(5)
determined by mutual consent of the Contractor and the Engineer that a solution to allow
construction to proceed is not available within a reasonable period of time, then the
Contractor may be reimbursed for the cost of moving his equipment off the job and
returning the necessary equipment to the job when it is determined by the Engineer that
construction may be resumed. Such reimbursement shall be based on actual cost to the
Contractor of moving the equipment and no profit will be allowed.
No reimbursement shall be allowed if the equipment is moved to another construction
project for the City of Fort Worth.
The Contractor shall not suspend work without written notice from the Engineer and shall
proceed with the work operations promptly when notified by the Engineer to so resume
operations.
C7-7.13 TERMINATION OF CONTRACT DUE TO NATIONAL EMERGENCY:
Whenever, because of National Emergency, so declared by the president of the United
States or other lawful authority, it becomes impossible for the Contractor to obtain all of
the necessary labor, materials, and equipment for the prosecution of the work with
reasonable continuity for a period of two months, the Contractor shall within seven days
notify the City in writing, giving a detailed statement of the efforts which have been made
and listing all necessary items of labor, materials, and equipment not obtainable. If, after
investigations, the owner finds that such conditions existing and that the inability of the
Contractor to proceed is not attributable in whole or in part to the fault or neglect of the
Contractor, than if the Owner cannot after reasonable effort assist the Contractor in
procuring and making available the necessary labor, materials, and equipment within
thirty days, the Contractor my request the owner to terminate the contract and the owner
may comply with the request, and the termination shall be conditioned and based upon a
final settlement mutually acceptable to both the Owner and the Contractor and final
payment shall be made in accordance with the terms of the agreed settlement, which shall
include. But not be limited to the payment for all work executed but not anticipated
profits on work which has not been performed.
C7-7.14 SUSPENSION OR ABANDONMENT OF THE WORK AND ANNULMENT
OF THE CONTRACT:
The work operations on all or any portion or section of the
work under Contract shall be suspended immediately on written order of the Engineer or
the Contract may be declared canceled by the City Council for any good and sufficient
cause. The following, by way of example, but not of limitation, may be considered
grounds for suspension or cancellation:
a.
Failure of the Contractor to commence work operations within the time
specified in the Work Order issued by the Owner.
b.
Substantial evidence that progress of the work operations by the
Contractor is insufficient to complete the work within the specified time.
C7-7(6)
c.
Failure of the Contractor to provide and maintain sufficient labor and
equipment to properly execute the working operations.
d.
Substantial evidence that the Contractor has abandoned the work.
e.
Substantial evidence that the Contractor has become insolvent or bankrupt,
or otherwise financially unable to carry on the work satisfactorily.
f.
Failure on the part of the Contractor to observe any requirements of the
Contract Documents or to comply with any orders given by the Engineer
or Owner provided for in these Contract Documents.
g.
Failure of the Contractor promptly to make good any defect in materials or
workmanship, or any defects of any nature the correction of which has
been directed in writing by the Engineer or the Owner.
h.
Substantial evidence of collusion for the purpose of illegally procuring a
contract or perpetrating fraud on the City in the construction of work under
contract.
i.
A substantial indication that the Contractor has made an unauthorized
assignment of the contract or any funds due therefrom for the benefit of
any creditor or for any other purpose.
j.
If the Contractor shall for any cause whatsoever not carry on the working
operation in an acceptable manner.
k.
If the Contractor commences legal action against the Owner.
A Copy of the suspension order or action of the City Council shall be served on the
Contractor’s Sureties. When work is suspended for any cause or causes, or when the
contract is canceled, the Contractor shall discontinue the work or such part thereof as the
owner shall designate, whereupon the Sureties may, at their option, assume the contract
or that portion thereof which the Owner has ordered the Contractor to discontinue, and
may perform the same or may, with written consent of the owner, sublet the work or that
portion of the work as taken over, provided however, that the Sureties shall exercise their
option, if at all, within two weeks after the written notice to discontinue the work has
been served upon the Contractor and upon the Sureties or their authorized agents. The
Sureties, in such event shall assume the Contractor’s place in all respects, and shall be
paid by the Owner for all work performed by them in accordance with the terms of the
Contract Documents. All monies remaining due the Contractor at the time of this default
shall thereupon become due and payable to the Sureties as the work progresses, subject to
all of the terms of the Contract Documents.
C7-7(7)
In case the Sureties do not, within the hereinabove specified time, exercise their right and
option to assume the contract responsibilities, or that portion thereof which the Owner
has ordered the Contractor to discontinue, then the Owner shall have the power to
complete, by contract or otherwise, as it may determine, the work herein described or
such work thereof as it may deem necessary, and the Contractor hereto agrees that the
Owner shall have the right to take possession of and use any materials, plants, tools,
equipment, supplies, and property of any kind provided by the Contractor for the purpose
of carrying on the work and to procure other tools, equipment, materials, labor and
property for the completion of the work, and to charge to the account of the Contractor of
said contract expense for labor, materials, tools, equipment, and all expenses incidental
thereto. The expense so charged shall be deducted by the owner from such monies as may
be due or may become due at any time thereafter to the Contractor under and by virtue of
the Contract or any part thereof. The Owner shall not be required to obtain the lowest bid
for the work completing the contract, but the expense to be deducted shall be the actual
cost of the owner of such work
In case such expenses shall exceed the amount which would have been payable under the
Contract if the same had been completed by the Contract, then the Contractor and his
Sureties shall pay the amount of such excess to the City on notice from the Owner of the
excess due. When any particular part of the work is being carried on by the Owner by
contract or otherwise under the provisions of this section, the Contractor shall continue
the remainder of the work in conformity with the terms of the Contract Documents and in
such a manner as to not hinder or interfere with the performance of the work by the
Owner.
C7-7.15 FULFILLMENT OF CONTRACT: The Contract will be considered as having
been fulfilled, save as provided in any bond or bonds or by law, when all the work and all
sections or parts of the project covered by the Contract Documents have been finished
and completed, the final inspection made by the Engineer, and the final acceptance and
final payment made by the Owner.
C7-7.16 TERMINATION FOR CONVENIENCE OF THE OWNER:
The performance of the work under this contract may be terminated by the Owner in
whole, or from time to time in part, in accordance with this section, whenever the Owner
shall determine that such termination is in the best interest of the Owner.
A.
Any Termination shall be effected by
NOTICE OF TERMINATION:
mailing a notice of the termination to the Contractor specifying the extent
to which performance of work under the contract is terminated, and the
date upon which such termination becomes effective. Receipt of the notice
shall be deemed conclusively presumed and established when the letter is
placed in the United States Postal Service Mail by the Owner. Further, it
shall be deemed conclusively presumed and established that such
termination is made with just cause as therein stated; and no proof in any
C7-7(8)
claim, demand or suit shall be required of the Owner regarding such
discretionary action
.
B.
CONTRACTOR ACTION:
After receipt of a notice of termination,
and except as otherwise directed by the Engineer, the Contractor shall:
1.
Stop work under the contract on the date and to the extent
specified in the notice of termination;
2.
place no further orders or subcontracts for materials,
services or facilities except as may be necessary for
completion of such portion of the work under the contract
as is not terminated;
3.
terminate all orders and subcontracts to the extent that they
relate to the performance of the work terminated by notice
of termination;
4.
transfer title to the Owner and deliver in the manner, at the
times, and to the extent, if any, directed by the Engineer:
a.
the fabricated or unfabricated parts, work in
progress, completed work, supplies and other
material produced as a part of, or acquired in
connection with the performance of, the work
terminated by the notice of the termination; and
b.
The completed, or partially completed plans,
drawings, information and other property which, if
the contract had been completed, would have been
required to be furnished to the Owner.
5.
complete performance of such work as shall not have been
terminated by the notice of termination; and
6.
Take such action as may be necessary, or as the Engineer
may direct, for the protection and preservation of the
property related to its contract which is in the possession of
the Contractor and in which the owner has or may acquire
the rest.
At a time not later than 30 days after the termination date specified in the
notice of termination, the Contractor may submit to the Engineer a list,
certified as to quantity and quality, of any or all items of termination
inventory not previously disposed of, exclusive of items the disposition of
C7-7(9)
which has been directed or authorized by Engineer, Not later than 15 days
thereafter, the owner shall accept title to such items provided, that the list
submitted shall be subject to verification by the Engineer upon removal of
the items or, if the items are stored, within 45 days from the date of
submission of the list, and any necessary adjustments to correct the list as
submitted, shall be made prior to final settlement.
C.
TERMINATION CLAIM: Within 60 days after the notice of
termination, the Contractor shall submit his termination claim to the
Engineer in the form and with the certification prescribed by the Engineer.
Unless one or more extensions in writing are granted by the Owner upon
request of the Contractor, made in writing within such 60-day period or
authorized extension thereof, any and all such claims shall be conclusively
deemed waived.
D.
AMOUNTS: Subject to the provisions of Item C7-7.1(C), the
Contractor and the Owner may agree upon the whole or any part of the
amount or amounts to be paid to the Contractor by reason of the total or
partial termination of the work pursuant hereto; provided, that such agreed
amount or amounts shall never exceed the total contract price reduced by
the amount of payments otherwise made and as further reduced by the
contract price work not terminated. The contract shall be amended
accordingly, and the Contractor shall be paid the agreed amount. No
amount shall be due for lost or anticipated profits> Nothing in C7-7.16(E)
hereafter, prescribing the amount to be paid to the Contractor by reason of
the termination of work pursuant to this section, shall be deemed to limit,
restrict or otherwise determine or affect the amount or amounts which may
be agreed upon to be paid to the Contractor pursuant to this paragraph.
E.
FAILURE TO AGREE:
In the event of the failure of the Contractor
and the Owner to agree as provided in C7-7.16(D) upon the whole amount
to be paid to the Contractor by reason of the termination of the work
pursuant to this section, the Owner shall determine, on the basis of
information available to it, the amount, if any, due to the Contractor by
reason of the termination and shall pay to the Contractor the amounts
determined. No amount shall be due for lost or anticipated profits.
F.
DEDUCTIONS:
In arriving at the amount due the Contractor under
this section there shall be deducted;
1.
all unliquidated advance or other payments on account
theretofore made to the Contractor, applicable to the
terminated portion of this contract;
C7-7(10)
2.
any claim which the Owner may have against the
Contractor in connection with this contract; and
3.
the agreed price for, or the proceeds of the sale of, any
materials, supplies or other things kept by the Contractor or
sold, pursuant to the provisions of this clause, and not
otherwise recovered by or credited to the Owner.
G.
ADJUSTMENT:
If the termination hereunder be partial, prior to the
settlement of the terminated portion of this contract, the Contractor may
file with the Engineer a request in writing for an equitable adjustment of
the price or prices specified in the contract relating to the continued
portion of the contract (the portion not terminated by notice of
termination), such equitable adjustment as may be agreed upon shall be
made in such price or prices; noting contained herein, however, shall limit
the right of the owner and the Contractor to agree upon the amount or
amounts to be paid tot he Contractor for the completion of the continued
portion of the contract when said contract does not contain an established
contract price for such continued portion.
H.
NO LIMITATION OF RIGHTS:
Noting contained in this section shall
limit or alter the rights which the Owner may have for termination of this
contract under C7-7.14 hereof entitled “SUSPENSION OR
ABANDONMENT OF THE WORK AND ANNULMENT OF
CONTRACT” or any other right which the Owner may have for default or
breach of contract by Contractor.
C7-7.17 SAFETY METHODS AND PRACTICES:
The Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the work at all times and shall assume all responsibilities for
their enforcement.
The Contractor shall comply with federal, state, and local laws, ordinances, and
regulations so as to protect person and property from injury, including death, or damage
in connection with the work.
C7-7(11)
C8-8 MEASUREMENT AND PAYMENT
SECTION C8-8 MEASUREMENT AND PAYMENT
C8-8.1 MEASUREMENT OF QUANTITIES:
The determination of quantities of
work performed by the Contractor and authorized by the Contract Documents acceptably
completed under the terms of the Contract Documents shall be made by the Engineer,
based on measurements made by the Engineer. These measurements will be made
according to the United States Standard Measurements used in common practice, and will
be the actual length, area, solid contents, numbers, and weights of the materials and item
installed.
C8-8.2 UNIT PRICES:
When in the Proposal a “Unit Price” is set forth, the said
“Unit Price” shall include the furnishing by the Contractor of all labor, tools, materials,
machinery, equipment, appliances and appurtenances necessary for the construction of
and the completion in a manner acceptable to the Engineer of all work to be done under
these Contract Documents.
The “Unit Price” shall include all permanent and temporary protection of overhead,
surface, and underground structures, cleanup, finishing costs, overhead expense, bond,
insurance, patent fees, royalties, risk due to the elements and other clauses, delays,
profits, injuries, damages claims, taxes, and all other items not specifically mentioned that
may be required to fully construct each item of the work complete in place and in a
satisfactory condition for operation.
C8-8.3 LUMP SUM:
When in the Proposal a “Lump Sum” is set forth, the said
“Lump Sum” shall represent the total cost for the Contractor to furnish all labor, tools,
materials, machinery, equipment, appurtenances, and all subsidiary work necessary for
the construction and completion of all the work to provide a complete and functional item
as detailed in the Special Contract Documents and/or Plans.
C8-8.4 SCOPE OF PAYMENT:
The Contractor shall receive and accept the
compensation as herein provided, in full payment for furnishing all labor, tools, materials,
and incidentals for performing all work contemplated and embraced under these Contract
Documents, for all loss and damage arising out of the nature of the work or from the
action of the elements, for any unforeseen defects or obstructions which may arise or be
encountered during the prosecution which may arise or be encountered during the
prosecution of the work at any time before its final acceptance by the Owner, (except as
provided in paragraph C5-5.14) for all risks of whatever description connected with the
prosecution of the work, for all expenses incurred by or in consequence of the suspension
or discontinuance of such prosecution of the working operations as herein specified, or
any and all infringements of patents, trademarks, copyrights, or other legal reservations,
C8-8(1)
and for completing the work in an acceptable manner according to the terms of the
Contract Documents.
The payment of any current or partial estimate prior to the final acceptance of the work by
the Owner shall in no way constitute an acknowledgment of the acceptance of the work,
materials, or equipment, nor in any way prejudice or affect the obligations of the
Contractor to repair, correct, renew, or replace at his own and proper expense any defects
or imperfections in the construction or in the strength or quality of the material used or
equipment or machinery furnished in or about the construction of the work under contract
and its appurtenances, or any damage due or attributed to such defects, which defects,
imperfections, or damage shall have been discovered on or before the final inspection and
acceptance of the work or during the one year guaranty period after the final acceptance.
The Owner shall be the sole judge of such defects, imperfections, or damage, and the
Contractor shall be liable to the Owner for failure to correct the same as provided herein.
C8-8.5 PARTIAL ESTIMATES AND RETAINAGE:
Between the 1st and the 5th
day of each month, the Contractor shall submit to the Engineer a statement showing an
estimate of the value of the work done during the previous month, or estimate period
under the Contract Documents. Not later than the 10th day of the month, the Engineer
shall verify such estimate, and if it is found to be acceptable and the value of the work
performed since the last partial payment was made exceeds one hundred dollars ($100.00)
inn amount, 90% of such estimated sum will be paid to the Contractor if the total contract
amount is less than $400,000.00, or 95% of such estimated sum will be paid to the
Contractor if the total contract amount is $400,000.00 or greater, within twenty-five (25)
days after the regular estimate period. The City will have the option of preparing
estimates on forms furnished by the City. The partial estimates may include acceptable
nonperishable materials delivered to the work which are to be incorporated into the work
as a permanent part thereof, but which at the time of the estimate have not been installed
(such payment will be allowed on a basis of 85% of the net invoice value thereof). The
Contractor shall furnish the Engineer such information as he may request to aid him as a
guide in the verification or the preparation of partial estimates.
It is understood that partial estimates from month to month will be approximate only, all
partial monthly estimates and payment will be subject to correction in the estimate
rendered following the discovery of an error in any previous estimate, and such estimate
shall not, in any respect, be taken as an admission of the Owner of the amount of work
done or of its quantity of sufficiency, or as an acceptance of the work done or the release
of the Contractor of any of his responsibilities under the Contract Documents.
The City reserves the right to withhold the payment of any monthly estimate if the
Contractor fails to perform the work strictly in accordance with the specifications or
provisions of this Contract.
C8-8(2)
Payment on any estimate or estimates may
C8-8.6 WITHHOLDING PAYMENT:
be held in abeyance if the performance of the construction operations is not in accordance
with the requirements of the Contract Documents.
C8-8.7 FINAL ACCEPTANCE:
Whenever the improvements provided for by
the Contract Documents shall have been completed and all requirements of the Contract
Documents shall have been fulfilled on the part of the Contractor, the Contractor shall
notify the Engineer in writing that the improvements are ready for final inspection. The
Engineer shall notify the appropriate officials of the Owner, will within a reasonable time
make such final inspection, and if the work is satisfactory, in an acceptable condition, and
has been completed in accordance with the terms of the Contract Documents and all
approved modifications thereof, the Engineer will initiate the processing of the final
estimate and recommend final acceptance of the project and final payment thereof as
outlines in paragraph C8-8.8 below.
C8-8.8 FINAL PAYMENT:
Whenever all the improvements provided for by the
Contract Documents and all approved modifications thereof shall have been completed
and all requirements of the Contract Documents have been fulfilled on the part of the
Contractor, a final estimate showing the value of the work will be prepared by the
Engineer as soon as the necessary measurements, computations, and checks can be made.
All prior estimates upon which payment has been made are subject to necessary
corrections or revisions in the final payment.
The amount of the final estimate, less previous payments and any sums that have been
deducted or retained under the provisions of the Contract Documents, will be paid to the
Contractor within 60 days after the final acceptance by the Owner on a proper resolution
of the City Council, provided the Contractor has furnished to the owner satisfactory
evidence of compliance as follows: Prior to submission of the final estimate for payment,
the Contractor shall execute an affidavit as furnished by the City, certifying that;
A.
all persons, firms, associations, corporations, or other organizations
furnishing labor and/or materials have been paid in full,
B.
that the wage scale established by the City Council in the City of Fort
Worth has been paid, and
C.
that there are no claims pending for personal injury and/or property
damages.
The acceptance by the Contractor of the last or final payment as aforesaid shall operate as
and shall release the owner from all claims or liabilities under the Contract for anything
done or furnished or relating to the work under the Contract Documents or any act or
neglect of said City relating to or connected with the Contract.
C8-8(3)
The making of the final payment by the Owner shall not relieve the Contractor of any
guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
C8-8.9 ADEQUACY OF DESIGN:
It is understood that the Owner believes it
has employed competent engineers and designers to prepare the Contract Documents and
all modifications of the approved Contract Documents. It is, therefore, agreed that the
Owner shall be responsible for the adequacy of its own design features, sufficiency of the
Contract Documents, the safety of the structure, and the practicability of the operations of
the completed project, provided the Contractor has complied with the requirements of the
said Contract Documents, all approved modifications thereof, and additions and
alterations thereof approved in writing by the Owner. The burden of proof of such
compliance shall be upon the Contractor to show that he has complied with the Contract
Documents, approved modifications thereof, and all alterations thereof.
C8-8.10 GENERAL GUARANTY:
Neither the final certificate of payment nor
any provision in the Contract Documents nor partial or entire occupancy or use of the
premises by the Owner shall constitute an acceptance of the work not done in accordance
with the Contract Documents or relieve the Contractor of liability in respect to any
express warranties or responsibility for faulty materials or workmanship. The Contractor
shall remedy any defects or damages in the work and pay for any damage to the other
work resulting therefrom which shall appear within a period of one year from the date of
final acceptance of the work unless a longer period is specified and shall furnish a good
and sufficient maintenance bond in the amount of 100 percent of the amount of the
contract which shall assure the performance of the general guaranty as above outlined.
The Owner will give notice of observed defects with reasonable promptness.
C8-8.11 SUBSIDIARY WORK:
Any and all work specifically governed by
documentary requirements for the project, such as conditions imposed by the Plans, the
General Contract Documents or these Special Contract Documents, in which no specific
item for bid has been provided for in the Proposal, shall be considered as a subsidiary
item of work, the cost of which shall be included in the price bid in the Proposal, for each
bid item. Surface restoration, rock excavation and cleanup are general items of work
which fall in the category of subsidiary work.
C8-8.12 MISCELLANEOUS PLACEMENT OF MATERIAL:
Material
may be
allocated under various bid items in the Proposal to establish unit prices for
miscellaneous placement of material. These materials shall be used only when directed by
the Engineer, depending on field conditions. Payment for miscellaneous placement of
material will be made for only that amount of material used, measured to the nearest onetenth unit. Payment for miscellaneous placement of material shall be in accordance with
the General Contract Documents regardless of the actual amount used for the Project.
C8-8.13 RECORD DOCUMENTS:
The Contractor shall keep on record a copy
of all specifications, plans, addenda, modifications, shop drawings and samples at the
C8-8(4)
site, in good order and annotated to show all changes made during the construction
process. These shall be delivered to the Engineer upon completion of the work.
C8-8(5)
Compliance with and Enforcement of Prevailing Wage Laws
(a) Duty to pay Prevailing Wage Rates. The contractor shall comply with all
requirements of Chapter 2258, Texas Government Code (Chapter 2258),
including the payment of not less than the rates determined by the City Council of
the City of Fort Worth to be the prevailing wage rates in accordance with Chapter
2258. Such prevailing wage rates are included in these contract documents.
(b) Penalty for Violation. A contractor or any subcontractor who does not pay the
prevailing wage shall, upon demand made by the City, pay to the City $60 for
each worker employed for each calendar day or part of the day that the worker is
paid less than the prevailing wage rates stipulated in these contract documents.
This penalty shall be retained by the City to offset its administrative costs,
pursuant to Texas Government Code 2258.023.
(c) Complaints of Violations and City Determination of Good Cause. On receipt of
information, including a complaint by a worker, concerning an alleged violation
of 2258.023, Texas Government Code, by a contractor or subcontractor, the City
shall make an initial determination, before the 31st day after the date the City
receives the information, as to whether good cause exists to believe that the
violation occurred. The City shall notify in writing the contractor or
subcontractor and any affected worker of its initial determination. Upon the
City’s determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts
claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted from
successive progress payments pending a final determination of the violation.
(d) Arbitration Required if Violation Not Resolved. An issue relating to an alleged
violation of Section 2258.023, Texas Government Code, including a penalty owed
to the City or an affected worker, shall be submitted to binding arbitration in
accordance with the Texas General Arbitration Act (Article 224 et seq., Revised
Statutes) if the contractor or subcontractor and any affected worker do not resolve
the issue by agreement before the 15th day after the date the City makes its initial
determination pursuant to paragraph (c) above. If the persons required to arbitrate
under this section do not agree on an arbitrator before the 11th day after the date
that arbitration is required, a district court shall appoint an arbitrator on the
petition of any of the persons. The City is not a party in the arbitration. The
decision and award of the arbitrator is final and binding on all parties and may be
enforced in any court of competent jurisdiction.
(e) Records to be Maintained. The contractor and each subcontractor shall, for a
period of three (3) years following the date of acceptance of the work, maintain
records that show (i) the name and occupation of each worker employed by the
contractor in the construction of the work provided for in this contract; and (ii) the
actual per diem wages paid to each worker. The records shall be open at all
reasonable hours for inspection by the City. The provisions of the Audit section
of these contract documents shall pertain to this inspection.
(f) Pay Estimates. With each partial payment estimate or payroll period, whichever
is less, the contractor shall submit an affidavit stating that the contractor has
complied with the requirements of Chapter 2258, Texas Government Code.
(g) Posting of Wage Rates. The contractor shall post the prevailing wage rates in a
conspicuous place at the site of the project at all times.
(h) Subcontractor Compliance. The contractor shall include in its subcontracts
and/or shall otherwise require all of its subcontractors to comply with paragraphs
(a) through (g) above.
GOVERNING SPECIFICATIONS, SPECIAL PROVISIONS, AND SPECIAL
SPECIFICATIONS
STANDARD SPECIFICATIONS:
ADOPTED BY THE TEXAS DEPARTMENT OF
TRANSPORTATION JUNE 1, 2004.
STANDARD SPECIFICATIONS
ARE INCORPORATED INTO THE CONTRACT BY REFERENCE
ITEMS 1 TO 9
ITEM 104
ITEM 132
ITEM 164
ITEM 247
ITEM 421
ITEM 500
ITEM 502
ITEM 506
ITEM 528
ITEM 529
ITEM 531
ITEM 636
ITEM 644
ITEM 666
ITEM 672
INCL., GENERAL REQUIREMENTS AND COVENANTS
REMOVING CONCRETE
EMBANKMENT (100) (204) (210) (216) (400)
SEEDING FOR EROSION CONTROL (162) (166) (168)
FLEXIBLE BASE (204) (210) (216)
HYDRAULIC CEMENT CONCRETE
MOBILIZATION
BARRICADES, SIGNS, AND TRAFFIC HANDLING
TEMPORARY EROSION, SEDIMENTATION, AND
ENVIRONMENTAL CONTROLS
COLORED TEXTURED CONCRETE AND LANDSCAPE PAVERS (247)
(420) (421) (440)
CONCRETE CURB, GUTTER, AND COMBINED CURB AND GUTTER
(360) (420) (421) (440)
SIDEWALKS (104) (360) (420) (421) (440) (530)
ALUMINUM SIGNS
SMALL ROADSIDE SIGN SUPPORTS AND ASSEMBLIES
REFLECTORIZED PAVEMENT MARKINGS
RAISED PAVEMENT MARKERS (677) (678)
SPECIAL SPECIFICATIONS:
ITEM XXXX
WAYSIDE HORN SYSTEM (FURNISH AND INSTALL)
SPECIAL PROVISIONS:
SPECIAL PROVISIONS WILL GOVERN AND TAKE PRECEDENCE OVER THE
SPECIFICATIONS ENUMERATED HEREON WHEREVER IN CONFLICT THEREWITH.
FHWA FORM 1273
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
SPECIAL PROVISION
TO ITEM 000 (000---002)
TO ITEM 000 (000---003)
TO ITEM 000 (000---004)
TO ITEM 000 (000---006)
TO ITEM 000 (000---009)
TO ITEM 000 (000---011)
TO ITEM 000 (000---1483)
TO ITEM 000 (000---1493)
TO ITEM 000 (000---1676)
TO ITEM 000 (000---1966)
TO ITEM 001 (001---015)
TO ITEM 002 (002---017)
TO ITEM 003 (003---033)
TO ITEM 004 (004---017)
TO ITEM 005 (005---004)
TO ITEM 006 (006---030)
TO ITEM 007 (007---740)
TO ITEM 008 (008---119)
TO ITEM 009 (009---009)
TO ITEM 009 (009---015)
TO ITEM 100 (100---002)
TO ITEM 164 (164---002)
TO ITEM 166 (166---001)
TO ITEM 247 (247---033)
TO ITEM 360 (360---003)
TO ITEM 420 (420---002)
TO ITEM 421 (421---035)
TO ITEM 440 (440---002)
TO ITEM 500 (500---005)
TO ITEM 502 (502---033)
TO ITEM 506 (506---010)
TO ITEM 636 (636---014)
SPECIAL PROVISION
“BUY AMERICA”
TO ITEM 672 (672---034)
SPECIAL SPECIFICATION
XXXX
Wayside Horn System (Furnish and Install)
1. Description. Provide and install wayside horn system as shown in the plans. The
wayside horn system shall be a CTC-WHS Version 1.03 by Campbell Technologies
Corp. or approved equal.
2. Materials. All items shall conform to the applicable TxDOT standard specification
and to the requirements provided in the Federal Railroad Administration’s (FRA’s)
Federal Register 49 CFR 222.
3. Construction. The installation of the wayside horn system shall conform to the
requirements provided in the Federal Railroad Administration’s (FRA’s) Federal Register
49 CFR 222 and as shown in the plans.
A. Install indicator beacon as shown in the plans.
B. The interconnection circuit shall be closed electrical circuit, originating in the wayside
horn control system passing through a closed contact in the railroad signal system and
then returning to the wayside horn control system to energize a relay which upon deenergization by a train will cause the wayside horns to be activated.
C. The railroad shall provide two normally-closed contacts, one for the approach and one
for the island circuit.
D. Boring and conduit locations may be adjusted in the field during construction as
mutually agreed by the City of Fort Worth and BNSF.
E. The mast shall be required to include an offset for visibility along the railroad as
shown in the plans.
F. Functional requirements:
1. A GPS module for the 2070 controller shall be provided. This unit is to provide a
time-sync to the controller.
2. Inputs for an eight (8) track crossing, with approach and island circuits.
3. Each approach circuit to be capable of being associated with one or more island
circuits.
4. Inputs for two (2) battery status indicators.
5. Outputs for six (6) wayside horns with six (6) audio feedback inputs.
6. Outputs for two (2) flashing X indicator circuits.
7. Flashing X shall be configured to flash 24/7 or only upon activation.
8. Output for one (1) health indicator circuit.
9. System shall generate a pre-determined crossing warning (long-long-short-long)
pattern with user-programmed delay, duration, gap and pause timers upon
activation of approach circuit.
10. System shall generate a user-programmed long blast upon activation of island
circuit.
11. System shall be configured to repeat the pre-determined crossing warning until
island occupancy, and either truncate or finish the pre-determined pattern before
the long blast.
12. System shall be configured for island-only crossings, where only the predetermined crossing warning pattern is sounded.
13. A maximum timer shall be provided to shut the system down after a programmed
number of seconds. Shutdown will extinguish the flashing X, then following a
second programmable delay, all horns will be silenced.
14. All sound outputs shall be monitored though audio feedback units, and failure of a
horn to sound within a user-specified time period will extinguish the flashing X
indicator.
15. A health output shall be provided to indicate system operational status to an
external recording device.
16. System shall be programmed for interface to a type 334 controller cabinet, with
28 inputs and 9 outputs plus watchdog.
G. The City of Fort Worth or their assignee shall inspect the wayside horn system
installation once complete and prior to use.
H. Emergency Replacement Equipment. One unit of critical components shall be
provided to the city to facilitate emergency replacement of failed equipment. One each of
the following items shall be supplied
• One (1) 2070 controller.
• One (1) complete Wayside Horn Control Panel including sound amplifier, voice
annunciator, solid state relays, and mechanical relays.
• One (1) Horn Driver and Confirmation Feedback Microphone .
I. Training. The contractor shall provide two one-day training sessions for city staff. The
first training session shall consist of a combination of classroom and field cabinet
instruction. The training shall be for 10 staff personal and include equipment manuals and
instruction aides. The provided documentation and instruction shall cover operation,
programming, troubleshooting, repair and preventative maintenance practices. A second
session shall be conducted at a later date.
4. Measurement. This Item will be measured as each unit complete in place as shown in
the plans.
5. Warranty. The contractor shall provide a one-year warranty for all materials and
workmanship for the one year after the project is accepted.
6. Payment. The work performed and materials furnished in accordance with this Item
and measured as provided for under "Measurement" will be paid for at the unit price bid
for "Wayside Horn System (Furnish and Install)." This price is full compensation for
furnishing, fabricating, and erecting the wayside horn system, including the wayside horn
cabinet, foundation, conduit, wiring, excavation, boring, emergency replacement
components, training, warranty, and other items as shown in the plans pertaining to the
installation of the wayside horn system.
2004 Specifications
SPECIAL PROVISION
000---002
Partnering
1.
General. It is the intent of this provision to encourage the use of a Partnering arrangement
between the Department and the Contractor. The use of Partnering on this project is
voluntary, unless shown on the plans, and its use must be acceptable to both Department and
Contractor personnel. Partnering can be initiated by TxDOT or the Contractor. The
Partnering concept promotes an environment of trust, mutual respect, integrity and fairdealing.
2.
Procedures for Initial Partnering Meeting. The Partnering Workshop initial meeting may
last from 2 hours to 2 days and may contain one or more of the partnering modules selected
by the Engineer and the Contractor, and may be prior to or combined with the preconstruction conference.
(1) Mutually agree upon an agenda (outline main elements-see modules for agenda
contents), a location (city, hotel, etc.) and the scope and attendees. (The list of
attendees will include the job title of each person, a contact, telephone and fax number.)
The Department will furnish a recommended location list.
(2) Use of facilitator:
(a) The facilitator is to act as a neutral party seeking to advance proactive pre-project
planning. There must be no perceived conflict of interest on the part of the
facilitator in favor of either Engineer or Contractor.
(b) Contract Facilitator - Select 3 potential facilitators from the Department’s approved
list . The Engineer will select 1 of the 3 proposed facilitators.
(c) Internal Facilitator - The Engineer and the Contractor may choose a facilitator
internal to one of their respective organizations to facilitate a workshop. This
individual must have technical knowledge and ability to lead and guide discussions.
This individual must be acceptable to both the Engineer and the Contractor. No
payment will be made for internal facilitators.
(d) The Engineer and the Contractor will provide the facilitator with a list of attendees.
The meeting arrangements (meeting space, A/V equipment, etc.) will be the
responsibility of the contract facilitator.
The Contractor and the Department will be responsible for any arrangements for
any expenses incurred by their respective employees, including but not limited to
meals, travel and lodging.
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(e) The Engineer and the Contractor should contact the facilitator at least 3 weeks prior
to the workshop, and should have a conference call with the facilitator at least 10
calendar days prior to the workshop to discuss ideas and to finalize the agenda.
The agenda will be based on the needs of the team, and may be as specific as
deemed necessary. The facilitator is responsible for developing the full agenda in
conjunction with both parties.
3.
Participation in Partnering. It is the responsibility of the Engineer and the Contractor to
compile a list of and invite the key project personnel (inspectors, foremen, superintendents,
bookkeepers, project engineers, etc.) to participate in the initial partnering workshop. It is
also important to have representatives of all interested parties in attendance. Examples
include but are not limited to subcontractors, material suppliers, city and county officials,
and utility companies. In addition, the Contractor and Engineer should actively encourage
district staff to participate as well. The Contractor and Engineer must agree that each of their
personnel identified will be assigned to the project for its duration.
4.
Payment. The cost of the partnering workshop will be shared equally by the Contractor and
the Department. Be responsible for the partnering workshop expenses (meeting room, AV,
supplies, cost of facilitator, etc.). The Department will reimburse the Contractor for 1/2 of
the partnering workshop expenses as extra work on the next monthly estimate.
5.
Partnering Performance. If the partnering agreement is not followed and after reasonable
efforts to salvage it have been unsuccessful, either party may withdraw from the partnering
agreement by written notice to the other party. The sole remedy for non-performance of the
partnership shall be termination of the partnering agreement.
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2004 Specifications
SPECIAL PROVISION
000---003
Notice to All Bidders
To report bid rigging activities call:
1-800-424-9071
The U.S. Department of Transportation (DOT) operates the above toll-free “hotline” Monday
through Friday, 8:00 a.m. to 5:00 p.m., eastern time. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report such
activities.
The “hotline” is part of the DOT's continuing effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the DOT Inspector
General. All information will be treated confidentially and caller anonymity will be respected.
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2004 Specifications
SPECIAL PROVISION
000---004
Notice of Requirement for Affirmative Action to Ensure Equal Employment
Opportunity (Executive Order 11246)
1.
General. In addition to the affirmative action requirements of the Special Provision titled
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" as
set forth elsewhere in this proposal, the Bidder's attention is directed to the specific
requirements for utilization of minorities and females as set forth below.
2.
Goals.
a.
Goals for minority and female participation are hereby established in accordance with
41 CFR 60-4.
b.
The goals for minority and female participation expressed in percentage terms for the
Contractor’s aggregate work force in each trade on all construction work in the covered
area, are as follows:
Goals for minority
participation in
each trade (percent)
Goals for female
participation in
each trade (percent)
See Table 1
c.
6.9
These goals are applicable to all the Contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area. If the Contractor performs
construction work in a geographical area located outside of the covered area, it shall
apply the goals established for such geographical area where the work is actually
performed. With regard to this second area, the Contractor also is subject to the goals
for both its federally involved and non-federally involved construction. The
Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part
60-4 shall be based on its implementation of the Standard Federal Equal Employment
Opportunity Construction Contract Specifications Special Provision and its efforts to
meet the goals. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on
each of its projects. The transfer of minority and female employees or trainees from
Contractor to Contractor or from project to project for the sole purpose of meeting the
Contractor’s goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against
the total work hours performed.
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d.
A contractor or subcontractor will be considered in compliance with these provisions
by participation in the Texas Highway-Heavy Branch, AGC, Statewide Training and
Affirmative Action Plan. Provided that each contractor or subcontractor participating
in this plan must individually comply with the equal opportunity clause set forth in 41
CFR 60-1.4 and must make a good faith effort to achieve the goals set forth for each
participating trade in the plan in which it has employees. The overall good
performance of other contractors and subcontractors toward a goal in an approved plan
does not excuse any covered contractor’s or subcontractor’s failure to make good faith
efforts to achieve the goals contained in these provisions. Contractors or subcontractors
participating in the plan must be able to demonstrate their participation and document
their compliance with the provisions of this Plan.
3.
Subcontracting. The Contractor shall provide written notification to the Department within
10 working days of award of any construction subcontract in excess of $10,000 at any tier
for construction work under the contract resulting from this solicitation pending concurrence
of the Department in the award. The notification shall list the names, address and telephone
number of the subcontractor; employer identification number; estimated dollar amount of
the subcontract; estimated starting and completion dates of the subcontract; and the
geographical area in which the contract is to be performed.
4.
Covered Area. As used in this special provision, and in the contract resulting from this
solicitation, the geographical area covered by these goals for female participation is the
State of Texas. The geographical area covered by these goals for other minorities are the
counties in the State of Texas as indicated in Table 1.
5.
Reports. The Contractor is hereby notified that he may be subject to the Office of Federal
Contract Compliance Programs (OFCCP) reporting and record keeping requirements as
provided for under Executive Order 11246 as amended. OFCCP will provide direct notice
to the Contractor as to the specific reporting requirements that he will be expected to fulfill.
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Table 1
County
Anderson
Andrews
Angelina
Aransas
Archer
Armstrong
Atascosa
Austin
Bailey
Bandera
Bastrop
Baylor
Bee
Bell
Bexar
Blanco
Borden
Bosque
Bowie
Brazoria
Brazos
Brewster
Briscoe
Brooks
Brown
Burleson
Burnet
Caldwell
Calhoun
Callahan
Cameron
Camp
Carson
Cass
Castro
Chambers
Cherokee
Childress
Clay
Cochran
Coke
Coleman
Collin
Collingsworth
Colorado
Comal
Comanche
Goals for Minority
Participation
22.5
18.9
22.5
44.2
11.0
11.0
49.4
27.4
19.5
49.4
24.2
11.0
44.2
16.4
47.8
24.2
19.5
18.6
19.7
27.3
23.7
49.0
11.0
44.2
10.9
27.4
24.2
24.2
27.4
11.6
71.0
20.2
11.0
20.2
11.0
27.4
22.5
11.0
12.4
19.5
20.0
10.9
18.2
11.0
27.4
47.8
10.9
County
Concho
Cooke
Coryell
Cottle
Crane
Crockett
Crosby
Culberson
Dallam
Dallas
Dawson
Deaf Smith
Delta
Denton
DeWitt
Dickens
Dimmit
Donley
Duval
Eastland
Ector
Edwards
Ellis
El Paso
Erath
Falls
Fannin
Fayette
Fisher
Floyd
Foard
Fort Bend
Franklin
Freestone
Frio
Gaines
Galveston
Garza
Gillespie
Glasscock
Goliad
Gonzales
Gray
Grayson
Gregg
Grimes
Guadalupe
3-5
Goals for Minority
Participation
20.0
17.2
16.4
11.0
18.9
20.0
19.5
49.0
11.0
18.2
19.5
11.0
17.2
18.2
27.4
19.5
49.4
11.0
44.2
10.9
15.1
49.4
18.2
57.8
17.2
18.6
17.2
27.4
10.9
19.5
11.0
27.3
17.2
18.6
49.4
19.5
28.9
19.5
49.4
18.9
27.4
49.4
11.0
9.4
22.8
27.4
47.8
000---004
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County
Hale
Hall
Hamilton
Hansford
Hardeman
Hardin
Harris
Harrison
Hartley
Haskell
Hays
Hemphill
Henderson
Hidalgo
Hill
Hockley
Hood
Hopkins
Houston
Howard
Hudspeth
Hunt
Hutchinson
Irion
Jack
Jackson
Jasper
Jeff Davis
Jefferson
Jim Hogg
Jim Wells
Johnson
Jones
Karnes
Kaufman
Kendall
Kenedy
Kent
Kerr
Kimble
King
Kinney
Kleberg
Knox
Lamar
Lamb
Lampasas
LaSalle
Goals for Minority
Participation
19.5
11.0
18.6
11.0
11.0
22.6
27.3
22.8
11.0
10.9
24.1
11.0
22.5
72.8
18.6
19.5
18.2
17.2
22.5
18.9
49.0
17.2
11.0
20.0
17.2
27.4
22.6
49.0
22.6
49.4
44.2
18.2
11.6
49.4
18.2
49.4
44.2
10.9
49.4
20.0
19.5
49.4
44.2
10.9
20.2
19.5
18.6
49.4
County
Lavaca
Lee
Leon
Liberty
Limestone
Lipscomb
Live Oak
Llano
Loving
Lubbock
Lynn
Madison
Marion
Martin
Mason
Matagorda
Maverick
McCulloch
McLennan
McMullen
Medina
Menard
Midland
Milam
Mills
Mitchell
Montague
Montgomery
Moore
Morris
Motley
Nacogdoches
Navarro
Newton
Nolan
Nueces
Ochiltree
Oldham
Orange
Palo Pinto
Panola
Parker
Parmer
Pecos
Polk
Potter
Presidio
Rains
4-5
Goals for Minority
Participation
27.4
24.2
27.4
27.3
18.6
11.0
44.2
24.2
18.9
19.6
19.5
27.4
22.5
18.9
20.0
27.4
49.4
20.0
20.7
49.4
49.4
20.0
19.1
18.6
18.6
10.9
17.2
27.3
11.0
20.2
19.5
22.5
17.2
22.6
10.9
41.7
11.0
11.0
22.6
17.2
22.5
18.2
11.0
18.9
27.4
9.3
49.0
17.2
000---004
05-04
County
Randall
Reagan
Real
Red River
Reeves
Refugio
Roberts
Robertson
Rockwall
Runnels
Rusk
Sabine
San Augustine
San Jacinto
San Patricio
San Saba
Schleicher
Scurry
Shackelford
Shelby
Sherman
Smith
Somervell
Starr
Stephens
Sterling
Stonewall
Sutton
Swisher
Tarrant
Taylor
Terrell
Terry
Throckmorton
Titus
Tom Green
Travis
Trinity
Tyler
Upshur
Upton
Uvalde
Val Verde
Van Zandt
Victoria
Walker
Waller
Ward
Washington
Goals for Minority
Participation
9.3
20.0
49.4
20.2
18.9
44.2
11.0
27.4
18.2
20.0
22.5
22.6
22.5
27.4
41.7
20.0
20.0
10.9
10.9
22.5
11.0
23.5
17.2
72.9
10.9
20.0
10.9
20.0
11.0
18.2
11.6
20.0
19.5
10.9
20.2
19.2
24.1
27.4
22.6
22.5
18.9
49.4
49.4
17.2
27.4
27.4
27.3
18.9
27.4
County
Webb
Wharton
Wheeler
Wichita
Wilbarger
Willacy
Williamson
Wilson
Winkler
Wise
Wood
Yoakum
Young
Zapata
Zavala
5-5
Goals for Minority
Participation
87.3
27.4
11.0
12.4
11.0
72.9
24.1
49.4
18.9
18.2
22.5
19.5
11.0
49.4
49.4
000---004
05-04
2004 Specifications
SPECIAL PROVISION
000---006
Standard Federal Equal Employment Opportunity Construction Contract
Specifications (Executive Order 11246)
1.
As used in these specifications:
a.
"Covered area" means the geographical area described in the solicitation from which
this contract resulted;
b.
"Director" means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates authority;
c.
"Employer identification number" means the Federal Social Security number used on
the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
d.
"Minority" includes:
(i)
Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands);
and
(iv) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North American and maintaining identifiable tribal affiliations
through membership and participation or community identification).
2.
Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the
work involving any construction trade, it shall physically include in each subcontract in
excess of $10,000 the provisions of these specifications and the Notice which contains the
applicable goals for minority and female participation and which is set forth in the
solicitations from which this contract resulted.
3.
If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved
by the U. S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals
and timetables) shall be in accordance with that plan for those trades which have unions
participating in the Plan. Contractors must be able to demonstrate their participation in and
compliance with the provisions of any such Hometown Plan. Each Contractor or
Subcontractor participating in an approved Plan is individually required to comply with its
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obligations under the EEO clause, and to make a good faith effort to achieve each goal under
the Plan in each trade in which it has employees. The overall good faith performance by
other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any
covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan
goals and timetables.
4.
The Contractor shall implement the specific affirmative action standards provided in
paragraphs 7a through p of these specifications. The goals set forth in the solicitation from
which this contract resulted are expressed as percentages of the total hours of employment
and training of minority and female utilization the Contractor should reasonably be able to
achieve in each construction trade in which it has employees in the covered area. Covered
construction contractors performing contracts in geographical areas where they do not have
a Federal or federally assisted construction contract shall apply the minority and female
goals established for the geographical area where the contract is being performed. Goals are
published periodically in the Federal Register in notice form and such notices may be
obtained from any Office of Federal Contract Compliance Programs office or any Federal
procurement contracting officer. The Contractor is expected to make substantially uniform
progress toward its goals in each craft during the period specified.
5.
Neither the provisions of any collective bargaining agreement, nor the failure by a union
with whom the Contractor has a collective bargaining agreement, to refer either minorities
or women shall excuse the Contractor's obligations under these specifications, Executive
Order 11246, or the regulations promulgated pursuant thereto.
6.
In order for the nonworking training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be employed by the Contractor during
the training period, and the Contractor must have made a commitment to employ the
apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs
approved by the U. S. Department of Labor.
7.
The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor's compliance with these specifications shall
be based upon its effort to achieve maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action steps at least as
extensive as the following:
a.
Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor's employees are
assigned to work. The Contractor, where possible, will assign two or more women to
each construction project. The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention
to minority or female individuals working at such sites or in such facilities.
b.
Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations' responses.
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c.
Maintain a current file of the names, addresses and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a
recruitment source or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
therefor, along with whatever additional actions the Contractor may have taken.
d.
Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral Process has impeded the Contractor's
efforts to meet its obligations.
e.
Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship and trainee programs relevant to the Contractor's employment
needs, especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources compiled under 7b
above.
f.
Disseminate the Contractor's EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and Collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is
performed.
g.
Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions including specific
review of these items with onsite supervisory personnel such as Superintendents,
General Foremen, etc., prior to the initiation of construction work at any job site. A
written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject
matter.
h.
Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor's EEO policy with other
Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
i.
Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
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applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above, describing
the openings, screening procedures, and tests to be used in the selection process.
j.
Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment
to minority and female youth both on the site and in other areas of a Contractor's
workforce.
k.
Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR Part 60-3.
l.
Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to seek
or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor's obligations under these specifications are being carried out.
n.
Ensure that all facilities and company activities are non-segregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
o.
Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
p.
Conduct a review, at least annually, of all supervisors' adherence to and performance
under the Contractor's EEO policies and affirmative action obligations.
8.
Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations (7a through p). The efforts of a contractor
association, joint contractor-union, contractor-community, or other similar group of which
the contractor is a member and participant, may be asserted as fulfilling any one or more of
its obligations under 7a through p of these Specifications provided that the contractor
actively participates in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the Contractor's minority and female
workforce participation, makes a good faith effort to meet its individual goals and
timetables, and can provide access to documentation which demonstrates the effectiveness
of actions taken on behalf of the Contractor. The obligation to comply, however, is the
Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the
Contractor's noncompliance.
9.
A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
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minority and non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women
is underutilized).
10. Nondiscrimination programs require that Federal-aid recipients, subrecipients, and
contractors prevent discrimination and ensure nondiscrimination in all of their programs and
activities, whether those programs and activities are federally funded or not. The factors
prohibited from serving as a basis for action or inaction which discriminates include race,
color, national origin, sex, age, and handicap/disability. The efforts to prevent
discrimination must address, but not be limited to a program's impacts, access, benefits,
participation, treatment, services, contracting opportunities, training opportunities,
investigations of complaints, allocations of funds, prioritization of projects, and the
functions of right-of-way, research, planning, and design.
11. The Contractor shall not enter into any Subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
14. The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports
relating to the provisions hereof as may be required by the Government and to keep records.
Records shall at least include for each employee the name, address, telephone numbers,
construction trade, union affiliation if any, employee identification number when assigned,
social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of
pay, and locations at which the work was performed. Records shall be maintained in an
easily understandable and retrievable form; however, to the degree that existing records
satisfy this requirement, contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws
which establish different standards of compliance or upon the application of requirements
for the hiring of local or other area residents (e.g., those under the Public Works
Employment Act of 1977 and the Community Development Block Grant Program).
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000---006
05-04
16. In addition to the reporting requirements set forth elsewhere in this contract, the Contractor
and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or
more, shall submit for every month of July during which work is per-formed, employment
data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in
accordance with the instructions included thereon.
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05-04
2004 Specifications
SPECIAL PROVISION
000---009
Certification of Nondiscrimination in Employment
By signing this proposal, the bidder certifies that he has participated in a previous contract or
subcontract subject to the equal opportunity clause, as required by Executive Orders 10925,
11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had
previous contract or subcontracts and has not filed, he will file with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal Government
contracting or administering agency, or the former President's Committee on Equal Employment
Opportunity, all reports due under the applicable filing requirements.
Note: The above certification is required by the Equal Employment Opportunity Regulations of
the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed
subcontractors only in connection with contracts and subcontracts which are subject to the equal
opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or
under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or
their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous contract or
subcontract subject to the Executive Orders and have not filed the required reports should note
that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor
submits a report covering the delinquent period or such other period specified by the Federal
Highway Administration or by the Director, Office of Federal Contract Compliance, U. S.
Department of Labor.
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000---009
04-04
2004 Specifications
SPECIAL PROVISION
000---011
Department Division Mailing and Physical Addresses
For this project, Item 000, “Department Division Mailing and Physical Addresses,” of the
Standard Specifications, is hereby amended with respect to the clauses cited below, and no other
clauses or requirements of this Item are waived or changed hereby.
Use the information in Table 1 to contact the Department Divisions referenced in the Standard
Specifications or Special Provisions and Special Specifications in the Contract. This listing is for
the purposes of providing addresses for transmission of information in accordance with the
specifications. Unless otherwise stated in the specifications, address all correspondence and
transmission of information to the Engineer responsible for the oversight of construction. Submit
bidding documents to the location shown in the official advertisement. Address changes will be
posted on the Department’s Internet site at http://www.dot.state.tx.us/.
Table 1
Department Division Mailing and Physical Addresses
Division/Section Name
U.S. Post Office Address
Physical Address
Bridge Division
Construction Division
Construction Section
Materials & Pavements Section
Texas Department of
Transportation
Bridge Division
125 E 11th Street
Austin TX 78701-2483
Bridge Division
Fabrication Branch
118 E. Riverside Dr.
Austin, Texas 78704
(512) 416-2187
Texas Department of
Transportation
Construction Section
200 E. Riverside Drive
Austin TX 78704
200 E. Riverside Dr.
1st floor, 1B.1
Austin, TX 78704
(512) 416-2490
1-800-687-3525
Texas Department of
Transportation
Materials & Pavements
(CP51)
125 E 11th Street
Austin TX 78701-2483
Materials & Pavements
Cedar Park Campus, Bldg. 51
9500 Lake Creek Parkway
Austin, TX 78717
512-506-5800
1-2
000---011
09-04
Division/Section Name
Maintenance Division
Maintenance Section
U.S. Post Office Address
Texas Department of
Transportation
Maintenance Section
125 E 11th Street
Austin, TX 78701
Vegetation Management Section Texas Department of
Transportation
Vegetation Management Section
125 E 11th Street
Austin, TX 78701
Physical Address
Maintenance Section
150 East Riverside Drive
Fourth Floor, North Tower
Austin, TX 78704
(512) 416-3185
Vegetation Management Section
150 East Riverside Drive
Fourth Floor, North Tower
Austin, TX 78704
(512) 416-3093
Traffic Operations Division
Texas Department of
Transportation
125 E 11th Street
Austin TX 78701
Texas Department of
Transportation
200 E. Riverside
Bldg. 118
Austin, Texas 78704
512-416-3200
Traffic Engineering
Texas Department of
Transportation
Traffic Engineering Section
125 E 11th Street
Austin TX 78701
Texas Department of
Transportation
Traffic Engineering Section
200 E. Riverside
Bldg. 118
Austin, Texas 78704
(512) 416-3118
Traffic Management-ITS Branch Texas Department of
Transportation
Traffic Management Section
125 E 11th Street
Austin TX 78701
Texas Department of
Transportation
Traffic Management Section
Austin, TX 78717
512-506-5100
Traffic ManagementSignal/Radio Branch
Texas Department of
Transportation
Traffic Management SectionSignal/Radio Branch
Austin, TX 78717
512-506-5100
Texas Department of
Transportation
Traffic Management SectionSignal/Radio Branch
125 E 11th Street
Austin TX 78701
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000---011
09-04
2004 Specifications
Federal-Aid Projects Only
SPECIAL PROVISION
000--1483
Notice of Changes to
U.S. Department of Labor Required Payroll Information
Do not include employee addresses and social security numbers on the payroll submissions to the
department. In lieu of the social security number, include an individually identifying number for
each employee (Example: last four digits of the individual’s social security number).
Maintain the full social security number and current address of each covered employee in files
for 3 years after project completion and make the information available upon the Department’s
request.
Form FHWA 1273 and optional form WH-347 will be revised in the future to reflect these
changes.
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000--1483
01-09
2004 Specifications
SPECIAL PROVISION
000--1493
Schedule of Liquidated Damages
For Amount of Original Contract
Amount of Daily Contract
Administration Liquidated
From More Than
To and Including
$0
100,000
425
100,000
500,000
500
500,000
1,000,000
525
1,000,000
2,000,000
625
2,000,000
5,000,000
800
5,000,000
10,000,000
1100
10,000,000
15,000,000
1400
15,000,000
25,000,000
1550
25,000,000
Over 25,000,000
2800
1-1
Damages per Working Day
000--1493
01-09
2004 Specifications
SPECIAL PROVISION
000--1676
On-the-Job Training Program
1. Description. The primary objective of this Special Provision is the training and
advancement of minorities, women and economically disadvantaged persons toward
journeyworker status. Accordingly, make every effort to enroll minority, women and
economically disadvantaged persons to the extent that such persons are available within a
reasonable area of recruitment. This training commitment is not intended, and shall not be
used to discriminate against any applicant for training, whether or not he/she is a member of
a minority group.
2. Trainee Assignment. Training assignments are determined based on the past contract
volume of federal-aid work performed with the Department. Contractors meeting the
selection criteria will be notified of their training assignment at the beginning of the reporting
year by the Department’s Office of Civil Rights.
3. Program Requirements. Fulfill all of the requirements of the On-the-Job Training Program
including the maintenance of records and submittal of periodic reports documenting program
performance. Trainees shall be paid at least 60% of the appropriate minimum
journeyworker’s rate specified in the contract for the first half of the training period, 75% for
the third quarter and 90% for the last quarter, respectively. Contractors may be reimbursed
$0.80 per training hour at no additional cost to the Department.
4. Compliance. The Contractor will have fulfilled the contractual responsibilities by having
provided acceptable training to the number of trainees specified in their goal assignment.
Noncompliance may be cause for corrective and appropriate measures pursuant to Article
8.6., “Abandonment of Work or Default of Contract,” which may be used to comply with the
sanctions for noncompliance pursuant to 23 CFR Part 230.
1-1
000--1676
07-09
2004 Specifications
SPECIAL PROVISION
000--1966
Disadvantaged Business Enterprise in Federal Aid Contracts
1.
Description. The purpose of this Special Provision is to carry out the U. S. Department of
Transportation's (DOT) policy of ensuring nondiscrimination in the award and
administration of DOT assisted contracts and creating a level playing field on which firms
owned and controlled by individuals who are determined to be socially and economically
disadvantaged can compete fairly for DOT assisted contracts. If the Disadvantaged
Business Enterprise (DBE) goal is greater than zero, Article A, “Disadvantaged Business
Enterprise in Federal Aid Contracts”, of this Special Provision shall apply to this contract.
If there is no DBE goal, Article B, “Race-Neutral DBE Participation”, of this Special
Provision shall apply to this contract. The percentage goal for DBE participation in the
work to be performed under this contract will be shown on the proposal.
A. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts.
1.
Policy. It is the policy of the DOT and the Texas Department of Transportation
(henceforth the “Department”) that DBEs, as defined in 49 CFR Part 26, Subpart
A and the Department's DBE Program, shall have the opportunity to participate in
the performance of contracts financed in whole or in part with Federal funds. The
DBE requirements of 49 CFR Part 26, and the Department’s DBE Program, apply
to this contract as follows:
a. The Contractor will solicit DBEs through reasonable and available means, as
defined in 49 CFR Part 26, Appendix A and the Department's DBE Program,
or show a good faith effort to meet the DBE goal for this contract.
b. The Contractor, subrecipient or subcontractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part 26 in
the award and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as
the recipient deems appropriate.
c. The requirements of this Special Provision shall be physically included in any
subcontract.
d. By signing the contract proposal, the Bidder is certifying that the DBE goal as
stated in the proposal will be met by obtaining commitments from eligible
DBEs or that the Bidder will provide acceptable evidence of good faith effort
to meet the commitment. The Department will determine the adequacy of a
Contractor's efforts to meet the contract goal, within 10 business days,
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000--1966
06-10
excluding national holidays, from receipt of the information outlined in this
Special Provision under Section 1.A.3, “Contractor's Responsibilities.” If the
requirements of Section 1.A.3 are met, the conditional situation will be removed
and the contract will be forwarded to the Contractor for execution.
2.
Definitions.
a. “Broker” is an intermediary or middleman that does not take possession of a
commodity or act as a regular dealer selling to the public.
b. “Disadvantaged Business Enterprise” or “DBE” is defined in the standard
specifications, Article 1, Definition of Terms.
c. “DBE Joint Venture” means an association of a DBE firm and 1 or more other
firm(s) to carry out a single business enterprise for profit for which purpose
they combine their property, capital, efforts, skills and knowledge, and in
which the DBE is responsible for a distinct, clearly defined portion of the work
of the contract and whose share in the capital contribution, control,
management, risks, and profits of the joint venture are commensurate with its
ownership interest.
d. “DOT” means the U.S. Department of Transportation, including the Office of
the Secretary, the Federal Highway Administration (FHWA), the Federal
Transit Administration (FTA), and the Federal Aviation Administration (FAA).
e. “Federal Aid Contract” is any contract between the Texas Department of
Transportation and a Contractor which is paid for in whole or in part with DOT
financial assistance.
f. “Good Faith Effort” means efforts to achieve a DBE goal or other requirement
of this Special Provision which, by their scope, intensity, and appropriateness
to the objective, can reasonably be expected to fulfill the program requirement.
g. “Manufacturer” is a firm that operates or maintains a factory or establishment
that produces, on the premises, the materials, supplies, articles, or equipment
required under the contract and of the general character described by the
specifications.”
h. “Race-conscious” means a measure or program that is focused specifically on
assisting only DBEs, including women-owned businesses.
i. “Race-neutral DBE Participation” means any participation by a DBE through
customary competitive procurement procedures.
j. “Regular Dealer” is a firm that owns, operates, or maintains a store,
warehouse, or other establishment in which the materials, supplies, articles or
equipment of the general character described by the specifications and required
under the contract are bought, kept in stock, and regularly sold or leased to the
public in the usual course of business. To be a regular dealer, the firm must be
an established, regular business that engages in, as its principal business and
under its own name, the purchase and sale or lease of the products in question.
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000--1966
06-10
A regular dealer in such bulk items as steel, cement, gravel, stone, and
petroleum products need not keep such products in stock if it owns and
operates distribution equipment for the products. Any supplementing of
regular dealers own distribution equipment shall be by a long-term lease
agreement and not on an ad hoc or contract-by-contract basis. Brokers,
packagers, manufacturers' representatives, or other persons who arrange or
expedite transactions shall not be regarded as a regular dealer.
k. “Texas Unified Certification Program” or “TUCP” provides one-stop shopping
to applicants for certification, such that applicants are required to apply only
once for a DBE certification that will be honored by all recipients of federal
funds in the state. The TUCP by Memorandum of Agreement established six
member entities to serve as certifying agents for Texas in specified regions.
3.
Contractor’s Responsibilities. These requirements must be satisfied by the
Contractor.
a. After conditional award of the contract, the Contractor shall submit a
completed Form SMS.4901 “DBE Commitment Agreement”, From SMS
4901-T “DBE Trucking Commitment Agreement”, or Form SMS.4901-MS
“DBE Material & Supplier Commitment Agreement” for each DBE he/she
intends to use to satisfy the DBE goal or a good faith effort to explain why the
goal could not be reached, so as to arrive in the Department's Office of Civil
Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 10th business
day, excluding national holidays, after the conditional award of the contract.
When requested, additional time, not to exceed 7 business days, excluding
national holidays, may be granted based on documentation submitted by the
Contractor.
b. DBE prime Contractors may receive credit toward the DBE goal for work
performed by his/her own forces and work subcontracted to DBEs. A DBE
prime must make a good faith effort to meet the goals. In the event a DBE
prime subcontracts to a non-DBE, that information must be reported on Form
SMS.4902.
c. A Contractor who cannot meet the contract goal, in whole or in part, shall
make adequate good faith efforts to obtain DBE participation as so stated and
defined in 49 CFR Part 26, Appendix A. The following is a list of the types of
action that may be considered as good faith efforts. It is not intended to be a
mandatory checklist, nor is it intended to be exclusive or exhaustive. Other
factors or types of efforts may be relevant in appropriate cases.

Soliciting through all reasonable and available means (e.g. attendance at
prebid meetings, advertising, and/or written notices) the interest of all
certified DBEs who have the capability to perform the work of the
contract. The solicitation must be done within sufficient time to allow the
DBEs to respond to it. Appropriate steps must be taken to follow up initial
solicitations to determine, with certainty, if the DBEs are interested.
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06-10

Selecting portions of the work to be performed by DBEs in order to
increase the likelihood that the DBE goals will be achieved. This includes,
where appropriate, breaking out contract work items into economically
feasible units to facilitate DBE participation, even when the Contractor
might otherwise prefer to perform the work items with its own forces.

Providing interested DBEs with adequate information about the plans,
specifications, and requirements of the contract in a timely manner to
assist them in responding to a solicitation.

Negotiating in good faith with interested DBEs to make a portion of the
work available to DBE subcontractors and suppliers and select those
portions of the work or material needs consistent with the available DBE
subcontractors and suppliers, so as to facilitate DBE participation.
Evidence of such negotiations includes the names, addresses, and
telephone numbers of DBEs that were considered; a description of the
information provided regarding the plans and specifications for the work
selected for subcontracting; and evidence as to why additional agreements
could not be reached for DBEs to perform the work.

A Bidder using good business judgment would consider a number of
factors in negotiating with subcontractors, including DBE subcontractors,
and would take a firm price and capabilities as well as contract goals into
consideration. However, the fact that there may be some additional cost
involved in finding and using DBEs is not in itself sufficient reason for a
bidders failure to meet the Contract DBE goal as long as such cost are
reasonable. Also, the ability or desire of the Contractor to perform the
work of the Contract with its own organization does not relieve the Bidder
of the responsibility to make good faith effort. Contractors are not,
however, required to accept higher quotes from DBEs if the price
difference is excessive or unreasonable.

Not rejecting DBEs as being unqualified without sound reasons based on a
thorough investigation of their capabilities. The Contractor’s standing
within its industry, membership in specific groups, organizations, or
associations and political or social affiliations (for example union vs. nonunion employee status) are not legitimate cause for the rejection or nonsolicitation of bids and the Contractors efforts to meet the project goal.

Making efforts to assist interested DBEs in obtaining bonding, lines of
credit, or insurance as required by the recipient or Contractor.

Making efforts to assist interested DBEs in obtaining necessary
equipment, supplies, materials, or related assistance or services.

Effectively using the services of available minority/women community
organizations; minority/women Contractors' groups; local, state, and
Federal minority/women business assistance offices; and other
organizations as allowed on a case-by-case basis to provide assistance in
the recruitment and placement of DBEs.
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06-10

If the Program Manager of the OCR determines that the Contractor has
failed to meet the good faith effort requirements, the Contractor will be
given an opportunity for reconsideration by the Director of the OCR.
d. Should the bidder to whom the contract is conditionally awarded refuse,
neglect or fail to meet the DBE goal or comply with good faith effort
requirements, the proposal guaranty filed with the bid shall become the
property of the state, not as a penalty, but as liquidated damages to the
Department.
e. The preceding information shall be submitted directly to the Office of Civil
Rights, Texas Department of Transportation, 125 E. 11th Street, Austin, Texas
78701-2483.
f. The Contractor shall not terminate for convenience a DBE subcontractor
named in the commitment submitted under Section 1.A.3.a, of this Special
Provision. Prior to terminating or removing a DBE subcontractor named in the
commitment, the Contractor must have a written consent of the Department.
g. The Contractor shall also make a good faith effort to replace a DBE
subcontractor that is unable to perform successfully with another DBE, to the
extent needed to meet the contract goal. The Contractor shall submit a
completed Form 4901 “DBE Commitment Agreement”, From SMS 4901-T
“DBE Trucking Commitment Agreement”, or Form SMS.4901-MS “DBE
Material & Supplier Commitment Agreement” for the substitute DBE firm(s).
Any substitution of DBEs shall be subject to approval by the Department.
Prior to approving the substitution, the Department will request a statement
from the DBE concerning it being replaced.
h. The Contractor shall designate a DBE liaison officer who will administer the
Contractor’s DBE program and who will be responsible for maintenance of
records of efforts and contacts made to subcontract with DBEs.
i. Contractors are encouraged to investigate the services offered by banks owned
and controlled by disadvantaged individuals and to make use of these banks
where feasible.
4.
Eligibility of DBEs.
a. The member entities of the TUCP certify the eligibility of DBEs and DBE
joint ventures to perform DBE subcontract work on DOT financially assisted
contracts.
b. The Department maintains the Texas Unified Certification Program DBE
Directory containing the names of firms that have been certified to be eligible
to participate as DBE’s on DOT financially assisted contracts. This Directory
is available from the Department’s OCR. An update of the Directory can be
found on the Internet at http://www.dot.state.tx.us/business/tucp/default.htm.
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c. Only DBE firms certified at the time commitments are submitted are eligible
to be used in the information furnished by the Contractor as required under
Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project,
DBEs will only be allowed to perform work in the categories of work for
which they are certified.
d. Only DBE firms certified at the time of execution of a
contract/subcontract/purchase order, are eligible for DBE goal participation.
5.
Determination of DBE Participation. When a DBE participates in a contract,
only the values of the work actually performed by the DBE, as referenced below,
shall be counted by the prime contractor toward DBE goals:
a. The total amount paid to the DBE for work performed with his/her own forces
is counted toward the DBE goal. When a DBE subcontracts part of the work
of its contract to another firm, the value of the subcontracted work may be
counted toward DBE goals only if the subcontractor is itself a DBE. Work
that a DBE subcontracts to a non-DBE firm does not count toward DBE goals.
b. A Contractor may count toward its DBE goal a portion of the total value of
the contract amount paid to a DBE joint venture equal to the distinct, clearly
defined portion of the work of the contract performed by the DBE.
(1)
A Contractor may count toward its DBE goal only expenditures to DBEs
that perform a commercially useful function (CUF) in the work of a
contract or purchase order. A DBE is considered to perform a CUF
when it is responsible for execution of the work of the contract and is
carrying out its responsibilities by actually performing, managing, and
supervising the work involved. To perform a CUF, the DBE must also
be responsible, with respect to materials and supplies used on the
contract, for negotiating price, determining quality and quantity,
ordering the material, and installing (where applicable) and paying for
the material itself.
In accordance with 49 CFR Part 26, Appendix A, guidance concerning
Good Faith Efforts, contractors may make efforts to assist interested
DBEs in obtaining necessary equipment, supplies, materials, or related
assistance or services. Contractors may not however, negotiate the price
of materials or supplies used on the contract by the DBE, nor may they
determine quality and quantity, order the materials themselves, nor
install the materials (where applicable), or pay for the material
themselves. Contractors however, may share the quotations they receive
from the material supplier with the DBE firm, so that the DBE firm may
negotiate a reasonable price with the material supplier.
In all cases, prime or other non-DBE subcontractor assistance will
not be credited toward the DBE goal.
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(2)
A DBE does not perform a CUF if its role is limited to that of an extra
participant in a transaction, contract, or project through which funds are
passed in order to obtain the appearance of DBE participation.
Consistent with industry practices and the DOT/Department’s DBE
program, a DBE subcontractor may enter into second-tier subcontracts,
amounting up to 70% of their contract. Work subcontracted to a nonDBE does not count towards DBE goals. If a DBE does not perform or
exercise responsibility for at least 30% of the total cost of its contract
with its own work force, or the DBE subcontracts a greater portion of
the work of a contract than would be expected on the basis of normal
industry practice for the type of work involved, it will be presumed that
the DBE is not performing a CUF
(3)
A DBE trucking firm (including an owner operator who is certified as a
DBE is considered to be performing a CUF when the DBE is responsible
for the management and supervision of the entire trucking operation on a
particular contract and the DBE itself owns and operates at least 1 fully
licensed, insured, and operational truck used on the contract.
(a)
The Contractor receives credit for the total value of the
transportation services the DBE provides on a contract using trucks
it owns, insures, and operates using drivers it employs.
(b)
The DBE may lease trucks from another DBE firm, including an
owner operator who is certified as a DBE. The DBE who leases
trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Contract.
(c)
The DBE may also lease trucks from a non-DBE firm, including
from an owner-operator. The DBE who leases trucks from a nonDBE is entitled to credit for the total value of transportation
services provided by non-DBE lessees not to exceed the value of
transportation services provided by the DBE-owned trucks on the
contract. Additional participation by non-DBE lessees receive
credit only for the fee or commission it receives as result of the
lease arrangement
(d)
A lease must indicate that the DBE has exclusive use of and
control over the trucks giving the DBE absolute priority for use of
the leased trucks. Leased trucks must display the name and
identification number of the DBE.
(4)
When a DBE is presumed not to be performing a CUF the DBE may
present evidence to rebut this presumption.
(5)
Project materials or supplies acquired from an affiliate of the prime
contractor can not directly or indirectly (2nd or lower tier subcontractor)
be used for DBE goal credit.
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c. A Contractor may count toward its DBE goals expenditures for materials and
supplies obtained from a DBE manufacturer, provided that the DBE assumes
the actual and contractual responsibility for the materials and supplies. Count
expenditures with DBEs for materials or supplies toward DBE goals as
provided in the following:
(1) If the materials or supplies are obtained from a DBE manufacturer, count
100% of the cost of the materials or supplies toward DBE goals.
(Definition of a DBE manufacturer found at 1A.c.(1) of this provision.)
For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that
operates or maintains a factory or establishment that produces, on the
premises, the materials, supplies, articles, or equipment required under the
contract and of the general character described by the specifications.
(2) If the materials or supplies are purchased from a DBE regular dealer,
count 60% of the cost of the materials or supplies toward DBE goals.
For purposes of this Section (1.A.5.c.(2)), a regular dealer is a firm that
owns, operates, or maintains a store, warehouse, or other establishment in
which the materials, supplies, articles or equipment of the general
character described by the specifications and required under the contract
are bought, kept in stock, and regularly sold or leased to the public in the
usual course of business:
(A) To be a regular dealer, the firm must be an established, regular
business that engages, as its principal business and under its own
name, in the purchase and sale or lease of the products in question.
(B) A person may be a regular dealer in such bulk items as petroleum
products, steel, cement, gravel, stone or asphalt without owning,
operating, or maintaining a place of business as provided in the first
paragraph under Section 1.A.5.c.(2), if the person both owns and
operates distribution equipment for the products. Any supplementing
of regular dealers’ own distribution equipment shall be by a long-term
lease agreement and not on an ad hoc or contract-by-contract basis.
(C) Packagers, brokers, manufacturers’ representatives, or other persons
who arrange or expedite transactions are not regular dealers within the
meaning of Section 1.A.5.c.(2).
(3) With respect to materials or supplies purchased from DBE which is
neither a manufacturer nor a regular dealer, count the entire amount of
fees or commissions charged for assistance in the procurement of the
materials and supplies, or fees or transportation charges for the delivery of
materials or supplies required on a job site, toward DBE goals, provided
you determine the fees to be reasonable and not excessive as compared
with fees customarily allowed for similar services. Do not count any
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portion of the cost of the materials and supplies themselves toward DBE
goals.
(4) Count the entire amount of fees or commissions charged by a DBE firm
for providing a bona fide service, such as professional, technical,
consultant or managerial services, or for providing bonds or insurance
specifically required for the performance of a DOT-assisted contract,
toward DBE goals, provided you determine the fee to be reasonable and
not excessive as compared with fees customarily allowed for similar
services.
d. If the Contractor chooses to assist a DBE firm, other than a manufacturing
material supplier or regular dealer, and the DBE firm accepts the assistance,
the Contractor may act solely as a guarantor by use of a two-party check for
payment of materials to be used on the project by the DBE. The material
supplier must invoice the DBE who will present the invoice to the Contractor.
The Contractor may issue a joint check to the DBE and the material supplier
and the DBE firm must issue the remittance to the material supplier. No funds
shall go directly from the Contractor to the material supplier. The DBE firm
may accept or reject this joint checking arrangement.
The Contractor must obtain approval from the Department prior to
implementing the use of joint check arrangements with the DBE. Submit to
the Department, Joint Check Approval Form 2178 for requesting approval.
Provide copies of cancelled joint checks upon request. No DBE goal credit
will be allowed for the cost of DBE materials that are paid by the Contractor
directly to the material supplier.
e. No DBE goal credit will be allowed for supplies and equipment the DBE
subcontractor leases from the contractor or its affiliates.
f. No DBE goal credit will be allowed for the period of time determined by the
Department that the DBE was not performing a CUF. The denial period of
time may occur before or after a determination has been made by the
department. In case of the denial of credit for non-performance of a CUF of a
DBE, the Contractor will be required to provide a substitute DBE to meet the
contract goal or provide an adequate good faith effort when applicable.
6.
Records and Reports.
a. The Contractor shall submit monthly reports, after work begins, on DBE
payments to meet the DBE goal and for DBE or HUB race-neutral
participation. Report payments made to non-DBE HUBs. The monthly report
is to be sent to the Area Engineer. These reports will be due within 15 days
after the end of a calendar month. These reports will be required until all DBE
subcontracting or material supply activity is completed. Form SMS.4903,
“DBE Progress Report,” is to be used for monthly reporting. Form.
SMS.4904, “DBE Final Report,” is to be used as a final summary of DBE
payments submitted upon completion of the project. The original final report
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b. DBE subcontractors and/or material suppliers should be identified on the
monthly report by Vendor Number, name, and the amount of actual payment
made to each during the monthly period. Negative reports are required when
no activity has occurred in a monthly period.
c. All such records must be retained for a period of 3 years following completion
of the contract work, and shall be available at reasonable times and places for
inspection by authorized representatives of the Department or the DOT.
Provide copies of subcontracts or agreements and other documentation upon
request.
d. Prior to receiving final payment, the Contractor shall submit Form SMS.4904,
“DBE Final Report”. If the DBE goal requirement is not met, documentation
supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special
Provision, must be submitted with the “DBE Final Report.”
e. Provide a certification of prompt payment in accordance with the
Department’s prompt payment procedure to certify that all subcontractors and
suppliers were paid from the previous months payments and retainage was
released for those whose work is complete. Submit the completed form each
month and the month following the month when final acceptance occurred at
the end of the project.
7.
Compliance of Contractor. To ensure that DBE requirements of this DOT
assisted contract are complied with, the Department will monitor the Contractor’s
efforts to involve DBEs during the performance of this contract. This will be
accomplished by a review of monthly reports submitted to the Area Engineer by
the Contractor indicating his progress in achieving the DBE contract goal, and by
compliance reviews conducted on the project site by the Department.
The Contractor shall receive credit toward the DBE goal based on actual
payments to the DBE subcontractor. The Contractor shall notify the Area
Engineer if he/she withholds or reduces payment to any DBE subcontractor. The
Contractor shall submit an affidavit detailing the DBE subcontract payments prior
to receiving final payment for the contract.
Contractors’ requests for substitutions of DBE subcontractors shall be
accompanied by a detailed explanation which should substantiate the need for a
substitution. The Contractor may not be allowed to count work on those items
being substituted toward the DBE goal prior to approval of the substitution from
the Department.
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The prime Contractor is prohibited from providing work crews and equipment to
DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or
purchasing of supplies from the prime contractor or its affiliates is not allowed.
When a DBE subcontractor named in the commitment under Section 1.A.3.a. of
this Special Provision, is terminated or fails to complete its work on the contract
for any reason, the prime contractor is required to make good faith efforts to find
another DBE subcontractor to substitute for the original DBE. These good faith
efforts shall be directed at finding another DBE to perform at least the same
amount of work under the contract as the DBE that was terminated, to the extent
needed to meet the contract goal.
A Contractor’s failure to comply with the requirements of this Special Provision
shall constitute a material breach of this contract. In such a case, the Department
reserves the right to terminate the contract; to deduct the amount of DBE goal not
accomplished by DBEs from the money due or to become due the Contractor, or
to secure a refund, not as a penalty but as liquidated damages to the Department
or such other remedy or remedies as the Department deems appropriate.
Forward Form 2371, “DBE Trucking Credit Worksheet,” completed by the DBE
trucker every month DBE credit is used.
B. Article B. Race-Neutral Disadvantaged Business Enterprise Participation. It is the
policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49
CFR Part 26 Subpart A, be given the opportunity to compete fairly for contracts and
subcontracts financed in whole or in part with Federal funds and that a maximum
feasible portion of the Department's overall DBE goal be met using race-neutral means.
Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply
to this contract as follows:
The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the
opportunity to compete fairly for contracts and subcontractors financed in whole or in
part with Federal funds. Race-Neutral DBE and non-DBE HUB participation on
projects with no DBE goal shall be reported on Form SMS.4903, “DBE or HUB
Progress Report” and submitted to the Area Engineer each month and at project
completion. Payments to DBEs reported on Form SMS.4903 are subject to the
requirements of Section 1.A.5, “Determination of DBE Participation.”
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The Contractor
shall carry out applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
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2004 Specifications
SPECIAL PROVISION
001---015
Definition of Terms
For this project, Item 001, “Definition of Terms,” of the Standard Specifications, is hereby
amended with respect to the clauses cited below, and no other clauses or requirements of this
Item are waived or changed hereby.
The following Articles are voided and replaced by the following:
1.50. Disadvantaged Business Enterprise (DBE). A small business certified through the Texas
Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by
one or more socially and economically disadvantaged individuals, or in the case of a publicly
owned business, in which is at least 51% of the stock is owned by one or more socially and
economically disadvantaged individuals, and whose management and daily business operations
are controlled by one or more of the individuals who own it.
1.128. Subcontractor. A Subcontractor is defined as an individual, partnership, limited liability
company, corporation, or any combination thereof that the Contractor sublets, or proposes to
sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from
a commercial source to the project, truck owner-operator, wholly owned subsidiary, or specialtytype businesses such as security companies and rental companies.
The following Articles are voided and not replaced.
1.97. Proposal.
1.98. Proposal Form.
1.99. Proposal Guaranty.
This Item is supplemented by the following:
1.148.
Additive Alternate. A bid item contained in a proposal that is not a regular item or a
designated alternate bid item. The additive alternate item(s) include work that may be
added to the base bid work.
1.149.
Base Bid. The total bid (includes regular bid items or corresponding alternate bid items
if lower) amount without additive alternates.
1.150. Affiliates. Two or more firms are affiliated if:

they share common officers, directors, or stockholders;
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
a family member of an officer, director, or stockholder of one firm serves in a similar
capacity in another of the firms;

an individual who has an interest in, or controls a part of, one firm either directly or
indirectly also has an interest in, or controls a part of, another of the firms;

the firms are so closely connected or associated that one of the firms, either directly or
indirectly, controls or has the power to control another firm;

one firm controls or has the power to control another of the firms; or,

the firms are closely allied through an established course of dealings, including but not
limited to the lending of financial assistance.
1.151. Bid. The offer of the bidder for performing the work described in the plans and
specifications including any changes made by addenda.
1.152. Bid Guaranty. The security furnished by the bidder as a guaranty that the bidder will
enter into a contract if awarded.
1.153. Electronic Bid Form. The bid form contained in the Department’s Electronic Bidding
System.
1.154. Electronic Bidding System (EBS). The Department's automated system that allows
bidders to enter and submit their bid information electronically.
1.155. Electronic Vault. The secure location where electronic bids are stored prior to bid
opening.
1.156. Family Member. A family member of an individual is the individual’s parent, parent’s
spouse, step-parent, step-parent’s spouse, sibling, sibling’s spouse, spouse, child, child’s spouse,
spouse’s child, spouse’s child’s spouse, grandchild, grandparent, uncle, uncle’s spouse, aunt,
aunt’s spouse, first cousin, or first cousin’s spouse.
1.157. Printed Bid Form. The bidding form printed and sent to the bidder by the department or
printed by the bidder from the department’s Electronic Bidding System.
1.158. Bid Form. The form provided by the Department used by the bidder to submit a bid. The
bid form is a Department mailed bidder’s form (traditional proposal submitted manually), a
Department EBS printed bid form (submitted manually), or the bid form submitted electronically
through the Department’s EBS.
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2004 Specifications
SPECIAL PROVISION
002---017
Instructions to Bidders
For this project, Item 002, “Instruction to Bidders,” of the Standard Specifications, is hereby
Except for Article 2.1 the remainder of Item 2 is voided and replaced by the following:
2.2. Eligibility of Bidders. Submit for approval a Confidential Questionnaire Form and an
audited financial statement or a Bidder’s Questionnaire Form at least 10 days before the date that
bids are to be opened. Once approved, the eligibility is valid for a period of one year. Bidders
prequalified with a Bidder’s Questionnaire Form are not eligible to bid on a project that requires
the Confidential Questionnaire Form and audited financial statements. Comply with all technical
prequalification requirements in the bid form. Obtain prequalification forms from the
Construction Division.
2.3. Issuing Bid Forms. The Department will issue a bid form to a prequalified Bidder meeting
the requirements of the bid form on request if the estimated cost of the proposed Contract is
within that Bidder’s available bidding capacity. Request bid forms orally, in writing, or
electronically.
In the case of a joint venture, all joint venture participants must be prequalified. An equally
divided portion of the Engineer’s estimate must be within each participant’s available bidding
capacity.
The Department will not issue a bid form for a proposed Contract if one or more of the following
apply:
•
the Bidder is disqualified by an agency of the federal government.
•
the Bidder is suspended or debarred by the Commission, or is prohibited from rebidding
a specific proposal because of bid error or failure to enter into a Contract of the first
awarded bid.
•
the Bidder has not fulfilled the requirements for prequalification.
•
the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the
Department to participate in the preparation of the plans or specifications on which the
bid or Contract is based.
•
the Bidder did not attend an advertised mandatory pre-bid conference.
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2.4. Interpreting Estimated Quantities. The quantities listed in the bid form are approximate
and will be used for the comparison of bids. Payments will be made for the work performed in
accordance with the Contract.
2.5. Examining Documents and Work Locations. Examine the bid form, plans, specifications,
and specified work locations before submitting a bid for the work contemplated. Submitting a
bid will be considered evidence that the Bidder has performed this examination. Borings, soil
profiles, water elevations, and underground utilities shown on the plans were obtained for use of
the Department in the preparation of plans. This information is provided for the Bidder’s
information only and the Department makes no representation as to the accuracy of the data. Be
aware of the difficulty of accurately classifying all material encountered in making foundation
investigations, the possible erosion of stream channels and banks after survey data have been
obtained, and the unreliability of water elevations other than for the date recorded.
Oral explanations, instructions, or consideration for contractor-proposed changes in the Items of
work, specifications, plans or bid forms given during the bidding process are not binding. Only
requirements included in the bid form, associated specifications, plans and Department-issued
addenda are binding. Request explanations of documents in adequate time to allow the
Department to reply before the bid opening date..
Immediately notify the Department of any error, omission, or ambiguity discovered in any part
of the bid form, specifications or plans. The Department will issue an addendum when
appropriate.
2.6. Preparing the Bid. Prepare the bid on the form furnished by the Department. Bid forms
may be printed or electronic. Informational forms will not be accepted.
Specify a unit price in dollars and cents for each Item for which an estimated quantity is given.
When “Working Days” is an Item, submit the number of working days to be used to complete
the Contract, or phases of the Contract shown on the plans.
An Item left blank will constitute an incomplete bid and will be handled as prescribed in Article
2.14, “Tabulating Bids.” Include unit bid prices for each Item in the Item group or alternate Item
group, except for instances when alternate Items pertain to foreign steel or iron materials.
If a bid form contains both regular bid Items for domestic and alternate bid Items pertaining to
foreign steel or iron materials the bidder must either:
•
submit unit bid prices for domestic bid items only, or
•
submit unit bid prices for both the alternate foreign bid items and domestic bid items.
Verify whether addenda have been issued on a proposed Contract. Acknowledge all addenda.
A. Printed Bid Forms. Make all entries and execute the bid form in ink. Acknowledge all
addenda by checking the appropriate box on the addendum acknowledgement page. Provide the
complete and correct name of the Bidder submitting the bid. A person authorized to bind the
Bidder must sign the bid form. In the case of a joint venture, provide the complete and correct
name of all Bidders submitting the bid. The bid form must be signed by person(s) authorized to
bind the Bidder(s).
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As an alternative to hand writing the unit prices in the bid form, submit a computer printout
signed by the person authorized to bind the Bidder or for a joint venture the persons authorized
to bind the Bidders. As a minimum, computer printouts must contain the information in the
format shown on the “Example of Bid Prices Submitted by Computer Printout” form in the bid
form.
As an additional alternative, the bidder may prepare the bid using EBS and print out the bid
form. Execute the bid form. A person authorized to bind the Bidder must sign the bid form. In
the case of a joint venture, provide the complete and correct name of all Bidders submitting the
bid. The bid form must be signed by persons authorized to bind the Bidders.
B. Electronic Bid Forms. Use the electronic bid form in EBS. Acknowledge an addendum by
initialing each addendum listed under the addenda tab in EBS. Digitally sign the bid form using a
digital certificate issued by the department. In the case of a joint venture, the person signing the
bid form must be authorized to bind all joint venture participants.
2.7. Nonresponsive Bids. A bid that has one or more of the deficiencies listed below is
nonresponsive and will not be considered.
A. The person or, in the case of a manually submitted joint venture bid, persons did not sign the
bid form.
B. The proposal guaranty did not comply with the requirements contained in Article 2.8, “Bid
Guaranty.”
C. The bid was in a form other than the official bid form issued to the Bidder or Bidders.
D. The bid was not in the hands of the letting official at the time and location specified in the
advertisement. For electronic bids, “in the hands of the letting official” means EBS vault
acknowledgement.
E. The bid form submitted had the incorrect number of Items.
F. A computer printout, when used, was not signed in the name of the Bidder (or joint Bidders,
in the case of a joint venture), or omitted required Items or included an Item or Items not shown
in the bid form.
G. The Bidder was not authorized to receive a bid form under Article 2.3, “Issuing Bid Forms.”
H. The Bidder failed to acknowledge receipt of all addenda issued.
I. The Bidder bid more than the maximum or less than the minimum number of allowable
working days shown on the plans when working days was an Item.
J. The Bidder modified the bid in a manner that altered the conditions or requirements for work
as stated in the bid form.
K. The Bidder did not attend a specified mandatory pre-bid conference.
The department will not accept or read any of the bids submitted on the same project by:
•
a joint venture and one or more of its partners, or
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•
affiliated bidders.
2.8. Bid Guaranty. The bid guaranty amount is fixed at the amount indicated on the bid form
on the date the bid form is released to the public. Provide a bid guaranty in the amount indicated
on the bid form as follows:
•
For printed bids, use either a guaranty check or a bid bond. An electronic bid bond may
be used as the guaranty for a bid form printed from EBS. (The bid bond number is printed
on the form printed from EBS and the Department verifies the bond through EBS at the
letting.)
•
For electronic bids, use an electronic bid bond. Do not use guaranty checks or printed bid
bonds on electronic bids.
A. Guaranty Check. The guaranty check must be payable to the Texas Transportation
Commission and must be a cashier’s check, money order, or teller’s check drawn by or on a state
or national bank, a savings and loan association, or a state or federally chartered credit union
(collectively referred to as “bank”). The check must be dated on or before the date of the bid
opening. Post dated checks will not be accepted. The type of check or money order must be
indicated on the face of the instrument and the instrument must be no more than 90 days old. A
check must be made payable at or through the institution issuing the instrument; be drawn by a
bank and on a bank; or be payable at or through a bank. The Department will not accept personal
checks, certified checks, or other types of money orders as a bid guaranty.
B. Bid Bond. The bid bond must be on the form provided by the Department, with powers of
attorney attached, and in the amount specified on the bid bond form. The bond form must be
dated on or before the date of the bid opening, bear the impressed seal of the Surety and be
signed by the Bidder or Bidders, in the case of a joint venture, and an authorized individual of
the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate
bid bond, completed as outlined in this Subarticle. Bid bonds will only be accepted from Sureties
authorized to execute a bond under and in accordance with state law.
C. Electronic Bid Bond. Use the most current version of the electronic bond issued by the
department. For a joint venture, the bond must be in the name of all joint venture participants.
Enter the bond authorization code into EBS. Use bond authorization codes issued by the
companies listed in most recent version of EBS.
2.9. Submittal of Bid. Bids may be submitted either manually or electronically.
A. Manually Submitted Bids.
Place the completed bid form and the bid guaranty in a sealed envelope marked to indicate the
contents.
When submitting by mail or delivery service, place the envelope in another sealed envelope and
address as indicated in the official advertisement. It is the bidder’s responsibility to ensure that
the sealed bid arrives at the location described in the official advertisement of the project on or
before the time and date set for the opening. The bid must be in the hands of the Letting Official
by that time, regardless of the method chosen for delivery, in order to be accepted.
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In addition to the requirements above, all pages of a bid form printed from EBS must be
submitted.
B. Electronically Submitted Bids. Submit the electronic bid to the electronic vault using EBS.
It is the bidder’s responsibility to ensure that the bid is received by the electronic vault on or
before the time and date set for the opening.
2.10. Revising Bid Forms. Revisions to bids will be handled as follows:
A. Manually Submitted Bids.
1. Before Submission. Make desired changes to the printed bid form in ink and initial the
changes.
2. After Submission. Withdraw the bid in accordance with Article 2.11, “Withdrawing
Bids.” Make desired changes to the printed bid form in ink and initial the changes. Resubmit to
the Letting Official in accordance with Article 2.9, “Delivery of Bid.” The Department will not
make revisions to a bid on behalf of a Bidder.
B. Electronically Submitted Bids. Make desired changes up until the time and date set for the
opening of bids using EBS. The electronically submitted bid with the latest time stamp by the
electronic vault will be used for tabulation purposes.
C. After Bid Opening. Revisions to bids are not allowed after the time and date set for the
opening.
2.11. Withdrawing Bids.
A. Manually Submitted Bids. Submit a signed written request to the Letting Official. The
Department will not accept telephone or electronic requests, but will accept a properly signed
telefacsimile request. The request must be made by a person authorized to bind the Bidder, and
must be in the hands of the Letting Official before the time and date set for the opening. In the
case of joint venture, the department will accept a request from any person authorized to bind a
party to the joint venture to withdrawal a bid.
B. Electronically Submitted Bids. Submit an electronic or written request to withdraw the bid.
The electronic request must be made using EBS. For a written request, submit a signed request to
the Letting Official. A request to withdraw an electronic bid must be made by a person
authorized to bind the Bidder and must be made prior to the time and date set for the opening.
For written request for withdrawals of electronic bids and in the case of joint venture, the
department will accept a request from any person authorized to bind a party to the joint venture
to withdrawal a bid.
2.12. Opening and Reading of Bids. At the time, date and location specified in the official
advertisement, the Letting Official will publicly:
•
open and read manually submitted bids; and
•
read electronically submitted bids.
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2.13. Gratuities. Do not offer Department employees benefits, gifts, or favors. The only
exceptions allowed are ordinary business lunches. Failure to honor this policy may result in the
termination of the Contract and sanctions under the Texas Administrative Code. Termination of
the Contract will be in accordance with Article 8.7, “Termination of Contract.”
2.14. Tabulating Bids.
A. Official Total Bid Amount. The Department will sum the products of the quantities and the
unit prices bid in the bid form to determine the official total bid amount. Except as provided in
Section 2.14.G, “Special Item Considerations,” the official total bid amount is the basis for
determining the apparent low Bidder. The total bid amounts will be compared and the results
made public.
B. Consideration of Bid Format. When a Bidder submits both an electronic bid and a properly
completed manual bid, the unit bid prices in the manual bid will be used to determine the total
bid amount. If a bidder submits an electronic bid and an incomplete manual bid, the electronic
bid will be used in the tabulation of the total bid amount.
If a bidder submits two or more manual bids, all responsive bids will be tabulated. The bid with
the lowest tabulation will be used to determine the total bid amount.
C. Rounding of Unit Prices. The Department will round off all unit bids involving fractional
parts of a cent to the nearest one-tenth cent ($0.001) in determining the amount of the bid as well
as computing the amount due for payment of each Item under the Contract. For rounding
purposes, entries of five-hundredths of a cent ($0.0005) or more will be rounded up to the next
highest tenth of a cent, while entries less than five-hundredths of a cent will be rounded down to
the next lowest tenth of a cent.
D. Interpretation of Unit Prices. The Department will make a documented determination of the
unit bid price for tabulation purposes if a unit bid price is illegible. The Department’s
determination will be final.
E. Consideration of Unit Prices. Unit bid price entries such as no dollars and no cents, zero
dollars and zero cents, or numerical entries of $0.00, will be tabulated as one-tenth of a cent
($0.001).
The Department will consider proposals where unit bid prices have been left blank incomplete
and nonresponsive. If a proposal has a regular and a corresponding alternate Item or group of
Items, the bid will be considered complete if:
•
the regular Item or group of regular Items has unit prices entered, or
•
the alternate Item or group of alternate Items has unit prices entered.
The bid will be considered incomplete and nonresponsive if:
•
a regular Item or group of regular Items is left blank, and
•
a corresponding alternate Item or group of alternate Items is left blank.
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F. Consideration of Alternate Items. The Department will make two calculations using onetenth of a cent ($0.001) for each Item if:
•
a regular Item or a group of Items have an entry such as no dollars and no cents, zero
dollars and zero cents, or numerical entries of $0.00, and
•
a corresponding alternate Item or group of Items, have an entry such as no dollars and no
cents, zero dollars and zero cents, or numerical entries of $0.00.
The Department will select the regular Item or Items or the alternate Item or Items at the
Department’s discretion if both the regular and alternate bid results in the same cost to the State.
The Department will use the unit price that is greater than zero for bid tabulation if:
•
a unit price greater than zero has been entered for either a regular bid or a corresponding
alternate Item or group of Items, and
•
an entry of no dollars and no cents, zero dollars and zero cents, or a numerical entry of
$0.00 has been entered for the other corresponding Item or group of Items.
If a unit price has been entered for both the regular Item and a corresponding alternate Item, the
Department will select the option (regular or alternate) that results in the lowest cost to the State.
The Department will select the regular Item or Items or the alternate Item or Items at the
Department’s discretion if both the regular and alternate bid results in the same cost to the State.
G. Special Item Considerations.
1. Rubber Additives. For proposed Contracts without federal funds, if an alternate Item for “Hot
Asphalt-Rubber Surface Treatments” or “Hot Mix Asphalt Concrete Pavement” which contains
ground tire rubber is shown in the bid form and the Bidder bids that alternate Item, the amounts
bid for “Hot Asphalt-Rubber” and “Aggregate” or “Hot Mix Asphalt Concrete” will be reduced
to 85% of the amounts actually bid. This reduction will only be used for the purposes of
determining the lowest Bidder. To qualify, the ground tire rubber used must be produced from
scrap tire ground in a facility in Texas. Payment for “Hot Asphalt-Rubber” and “Aggregate” or
“Hot Mix Asphalt Concrete” will be at the actual unit prices bid.
2. “Buy America.” For proposed Contracts where unit bid prices are submitted for both
domestic and foreign steel or iron materials, the total bid amount will be calculated using both
the domestic and foreign steel unit bid prices. If the total bid amount using the foreign steel or
iron materials is the low bid, and the lowest bid using domestic steel or iron materials exceeds
the low bid using foreign steel or iron materials by 25% or more, the apparent low Bidder will be
the bid using foreign steel or iron materials. If the difference between the low bid using foreign
steel or iron materials and the lowest bid using domestic steel or iron materials is less than 25%,
the apparent low Bidder will be the bid using domestic steel or iron materials.
3. Home State Bidding Preference. For the purpose of determining the apparent low Bidder on
proposed Contracts without federal funds, the total bid amount will be based upon the reverse
application of the non-resident Bidder’s home state bidding preference, if any.
2.15. Consideration of Bid Errors. The Department will consider a claim of a bid error by the
apparent low Bidder if the following requirements have been met:
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•
Submit written notification to the Department within 5 business days after the date the
bid is opened.
•
Identify the Items of work involved and include bidding documentation. The Department
may request clarification of submitted documentation.
The Department will evaluate the claim of an error by the apparent low Bidder by considering
the following:
•
The bid error relates to a material Item of work.
•
The bid error amount is a significant portion of the total bid.
•
The bid error occurred despite the exercise of ordinary care.
•
The delay of the proposed work will not impact cost and safety to the public.
Acceptance of the bid error claim by the Department will result in the rejection of all bids. The
erring Contractor will not be allowed to bid the project when it is relet. Rejection of bids due to
the Contractor’s bid error may result in the application of sanctions by the Department.
2.17. Electronic Bidding. Take responsibility for correctly installing the EBS software. Secure
the digital certificate issued by the department at all times. Promptly report compromised digital
certificates to the Department. Select an Internet Service Provider. The Department will not be
responsible for Internet unavailability. The Department will not provide a computer for
preparing, submitting, revising or withdrawing an electronic bid.
2.18. Bid Form Content. The electronic and the EBS printed bid form do not contain such
things as the special provisions, special specifications, and general notes. These documents are
included by reference. Manual bid forms (traditional proposals) will include such provisions.
8-8
002---017
02-09
2004 Specifications
SPECIAL PROVISION
003---033
Award and Execution of Contract
For this project, Item 003, “Award and Execution of Contract,” of the Standard Specifications, is
Item are waived or changed.
Article 3.4. Execution of Contract, Section B, Bonds. The first paragraph is supplemented by
the following:
Sample versions of the standard performance and payment bonds may be viewed on the
department’s Internet site at:
http://www.txdot.gov/txdot_library/consultants_contractors/forms/contractors.htm
1-1
003---033
07-09
2004 Specifications
SPECIAL PROVISION
004---017
Scope of Work
For this project, Item 4, “Scope of Work,” of the Standard Specifications, is hereby amended
with respect to the clauses cited below, and no other clauses or requirements of this Item are
waived or changed hereby.
Article 4.2. Changes in the Work. The first paragraph is supplemented by the following:
The Contractor is responsible for notifying the sureties of any changes to the contract.
Article 4.2. Changes in the Work. The sixth paragraph is voided and replaced by the following:
When the quantity of work to be done under any major item of the Contract is less than 75% of
the original quantity stated in the Contract, then either party to the Contract may request an
adjustment to the unit price. When mutually agreed, the unit price may be adjusted by
multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be
agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by
the factor in Table 1.
Table 1
Quantity-Based Price Adjustment Factors
% of Original Quantity
Factor
≥ 50 and < 75
1.05
≥ 25 and < 50
1.15
< 25
1.25
Article 4.4. Requests and Claims for Additional Compensation, Section A., Delay Claims is
voided and replaced by the following:
A. Damages. Damages occur when impacts that are the responsibility of the Department result
in additional costs to the contractor that could not have been reasonably anticipated at the
time of letting. Costs of performing additional work are not considered damages. For
contractor damages, the intent is to reimburse the Contractor for actual expenses arising out
of a compensable impact. No profit or markups, other than labor burden, will be allowed.
For damages, labor burden will be reimbursed at 35% unless the Contractor can justify
higher actual cost. Justification for a higher percentage must be in accordance with the
methodology provided by the Department, submitted separately for project overhead labor
and direct labor, and determined and submitted by a Certified Public Accountant (CPA).
Submit CPA-prepared labor burden rates directly to the Contract Letting and Contractor
Prequalification Branch of the Construction Division.
1-3
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04-10
1. Delay Damages. If the Contractor requests compensation for delay damages and the
delay is determined to be compensable, then standby equipment costs and project
overhead compensation will be based on the duration of the compensable delay and will
be limited as follows:
a. Standby Equipment Costs.



Standby costs will not be allowed during periods when the equipment would have
otherwise been idle.
No more than 8 hr. of standby will be paid during a 24-hr. day, nor more than
40 hr. per week, nor more than 176 hr. per month.
For Contractor-owned equipment, standby will be paid at 50% of the rental rates
found in the Rental Rate Blue Book for Construction Equipment and calculated
by dividing the monthly rate by 176 and multiplying by the regional adjustment
factor and the rate adjustment factor. For leased equipment on standby, 100% of
the invoice cost of the leased equipment will be paid. Operating costs will not be
allowed.
b. Project Overhead. Project overhead is defined as the administrative and supervisory
expenses incurred at the work locations. When delay to project completion occurs,
reimbursement for project overhead for the prime contractor will be made using the
following options:
 reimbursed at 6% (computed as daily cost by dividing 6% of the original contract
amount by the as-let number of working days) or
 actual documented costs for the impacted period.
Project overhead for delays impacting sub-contractors will be determined from actual
documented costs submitted by the Contractor.
The granting of time extensions and suspensions alone will not be justification for
reimbursement for project overhead.
c. Home Office Overhead. The Department will not compensate the Contractor for
home office overhead.
Article 4.4. Requests and Claims for Additional Compensation, Section B., Dispute or
Claims Procedure is voided and replaced by the following:
B. Dispute or Claims Procedure. Work with the Engineer to resolve or escalate all issues in
accordance with the procedures outlined at the pre-construction conference. Establish with
the Engineer an issue escalation ladder and adhere to the following:
1. Project Pledge. At a minimum, Contractor representatives at the level of foreman and
above will certify in writing they will approach the construction of this project in a
manner consistent with delivering a high quality project in a safe, cost-effective, and
timely manner, and they will be committed to not allowing personality conflicts or
personal interests to interfere with providing the public with a quality project. Failure to
uphold this commitment may result in grounds for removal from the project by the
District Engineer.
2-3
004---017
04-10
2. Issue Resolution Process. An issue is any aspect of the contract where representatives
of the participants in the contract do not agree. The individuals identified at the lowest
level of the issue escalation ladder will initiate the issue resolution process by escalating
any issue that remains unresolved within the time frame outlined in the issue escalation
ladder.
Use the Department’s automated issue tracking system to submit and track issues
escalated to the area engineer or above. Do not use the automated issue tracking system
for routine issues resolved on the project.
Once the issue is recorded in the automated issue tracking system, the issue will be
escalated to the district engineer within 15 calendar days.
The district engineer will issue written direction within 7 calendar days.
Work with the district to resolve all issues during the course of the contract. In the event the
district and the Contractor cannot resolve an issue, the Contractor may file a contract claim
after the completion of the contract to be handled in accordance with the Department’s
contract claim procedure. Contract claims will not be presented to the Contract Claims
Committee for consideration prior to the final payment to the Contractor. It is the
Contractor’s responsibility to prove or justify all claims and requests in a timely manner.
The deadline for filing a claim in accordance with 43 TAC Section 9.2, is the earlier of 1 year
after the date of final acceptance, date of default, or date of termination except that claims for
warranty enforcement can be made up to 1 year after expiration of the warranty period.
3-3
004---017
04-10
2004 Specifications
SPECIAL PROVISION
005---004
Control of the Work
For this project, Item 005, “Control of the Work,” of the Standard Specifications, is hereby
Article 5.2 Plans and Working Drawings, is supplemented with the following:
Submit shop drawings electronically for the fabrication of structural items as documented in the
“Guide to Electronic Shop Drawing Submittal” available on the internet at
http://www.dot.state.tx.us/publications/bridge/e_submit_guide.pdf and as directed by the
Engineer for other items required by the standard specifications. References to 11 x 17 sheets in
individual specifications for structural items imply electronic CAD sheets.
1-1
005---004
10-06
2004 Specifications
SPECIAL PROVISION
006---030
Control of Materials
For this project, Item, Item 006, “Control of Materials,” of the Standard Specifications is
amended hereby with respect to the clauses cited below, and no other clauses or requirements of
this Item are waived or changed hereby.
Article 6.9. Recycled Materials is voided and replaced by the following:
The Department will not allow hazardous wastes, as defined in 30 TAC 335, proposed for
recycling. Use nonhazardous recyclable materials (NRMs) only if the Specification for the Item
does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332,
334, or 335, and comply with all general prohibitions and requirements. Use NRMs in
accordance with DMS-11000, “Evaluating and Using Nonhazardous Recyclable Materials
Guidelines,” and furnish all documentation required by that Specification.
Article 6.10. Hazardous Materials is voided and replaced by the following:
Use materials that are free of hazardous materials as defined in Item 1, “Definition of Terms.”
Notify the Engineer immediately when a visual observation or odor indicates that materials in
required material sources or on sites owned or controlled by the Department may contain
hazardous materials. Except in the case of Section 6.10.A.1.a, “Cleaning and Painting Steel”
below, the Department is responsible for testing and removing or disposing of hazardous
materials not introduced by the Contractor on sites owned or controlled by the Department as
indicated below. The plans will indicate locations where paint on steel is suspected to contain
hazardous materials and where regulated asbestos containing materials have been found. The
Engineer may suspend work wholly or in part during the testing, removal, or disposition of
hazardous materials on sites owned or controlled by the Department, except in the case of
Section 6.10.A.1.a.
When a visual observation or odor indicates that materials delivered to the work locations by the
Contractor may contain hazardous materials, have an approved commercial laboratory test the
materials for contamination. Remove, remediate, and dispose of any of these materials found to
be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the
work locations by the Contractor will be at the Contractor’s expense. Working day charges will
not be suspended and extensions of working days will not be granted for activities related to
handling hazardous material delivered by the Contractor.
A. Painted Steel Requirements. As shown on the plans, existing paint on steel may
contain hazardous materials. Perform work in accordance with the following:
1. Removing Paint from Steel.
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006---030
01-07
a. Cleaning and Painting Steel. For contracts that are primarily for painting
existing steel, perform the work in accordance with Item 446, “Cleaning and
Painting Steel.”
b. Other Contracts. For all other projects when an existing paint must be removed
to perform other work, perform paint removal work in accordance with Item 446,
“Cleaning and Painting Steel” unless the paint is shown or determined to contain
hazardous materials. If the paint is shown or determined to contain hazardous
materials, the Department will provide for a separate contractor to remove paint
prior to or during the Contract to allow dismantling of the steel for the
Contractor’s salvaging, reuse, or recycling or where paint must be removed to
perform other work. For steel that is dismantled by unbolting, no paint stripping
will be required. Use care to not damage existing paint. When dismantling is
performed using flame or saw-cutting methods to remove steel elements coated
with paint containing hazardous materials, the plans will show stripping locations.
Coordinate with the separate contractor for stripping work to be performed during
the Contract.
2. Removal and Disposal of Painted Steel. For Contracts where painted steel is to be
removed and disposed of by the Contractor, painted steel may be reused or disposed
of at a steel recycling or smelting facility. If the paint is shown or determined to
contain hazardous materials, maintain and make available to the Engineer invoices
and other records showing the reuse owner or for recycling, records obtained from the
recycling or smelting facility showing the received weight of the steel and the facility
name. Painted steel to be retained by the Department will be shown on the plans.
B. Asbestos Requirements. The plans will indicate locations or elements where asbestos
containing materials (ACM) have been found. At these locations or at locations where
previously unknown ACM has been found, the Department will arrange for abatement by
a separate contractor during the Contract. For work at these locations, notify the Engineer
of proposed dates of demolition or removal of structural elements with ACM at least 60
days before work is to begin to allow the Department sufficient time to abate the
asbestos.
When the work by a separate contractor for removal of paint or asbestos abatement is to be
performed during the Contract, provide traffic control as shown on the plans and coordinate and
cooperate with the separate contractor. Continue other work detailed in the plans not directly
involved in the paint removal or asbestos abatement work. Coordinate with the Department the
timing of the separate contractor’s work in advance in order to allow the Department to schedule
work with the separate contractor. Work for the traffic control and other work will not be paid
for directly but will be subsidiary to pertinent Items.
2-2
006---030
01-07
2004 Specifications
SPECIAL PROVISION
007---740
Legal Relations and Responsibilities
For this project, Item 7, “Legal Relations and Responsibilities” of the Standard Specifications, is
hereby amended with respect to the clauses cited below, and no other clauses or requirements of
Article 7.4. Insurance and Bonds is voided and replaced by the following:
As specified in Article 3.4, “Execution of Contract,” provide the Department with the
Department’s Certificate of Insurance verifying the types and amounts of coverage shown in
Table 1.
Table 1
Insurance Requirements
Type of Insurance
Amount of Coverage
Commercial General Liability Insurance $600,000 combined single limit
Business Automobile Policy:
Bodily Injury
$250,000 each person
$500,000 each occurrence
Property Damage
$100,000 each occurrence
Workers’ Compensation
Statutory
Builder's Risk Insurance 1
100% of Contract Price
1 . For building-facilities contracts only
By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and
regulations pertaining to workers’ compensation insurance or legitimate alternates. This
certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors
must meet the requirements of Table 1 either through their own coverage or through the
Contractor’s coverage.
Insurances must cover the contracted work for the duration of the Contract and must remain in
effect until final acceptance. Failure to obtain and maintain insurance for the contracted work
may result in suspension of work or default of the Contract. If the insurance expires and
coverage lapses for any reason, stop all work until the Department receives an acceptable
Certificate of Insurance.
Commercial general liability and business automobile policies must include an endorsement
naming the State as an additional named insured. Policies issued for coverage listed in Table 1
must include a waiver of subrogation endorsement in favor of the State.
For building-facilities contracts, provide Builder's Risk Insurance to protect the Department
against loss by storm, fire or extended coverage perils on work and materials intended for use on
1-4
007---740
06-10
the project including the adjacent structure. Name the Department under the Lost Payable
Clause.
Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15
days of notification if the Surety is declared bankrupt or insolvent, the Surety’s underwriting
limitation drops below the Contract amount or the Surety’s right to do business is terminated by
the State. The substitute Surety must be authorized by the laws of the State and acceptable to the
Department. Work will be suspended until a substitute Surety is provided. Working day charges
will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner.
Article 7.8. Hauling and Loads on Roadways and Structures is supplemented by the
following:
D. Stockpiling of Materials. Do not store or stockpile material on bridge structures without
written permission. If required, submit a structural analysis and supporting documentation by a
licensed professional engineer for review by the Engineer. Permission may be granted if the
Engineer finds that no damage or overstresses in excess of those normally allowed for occasional
overweight loads will result to structures that will remain in use after Contract completion.
Provide temporary matting or other protective measures as directed.
Article 7.14. Contractor’s Responsibility for Work, Section B. Appurtenances is voided and
replaced by the following:
B. Appurtenances.
1. Unreimbursed Repair. Except for destruction (not reusable) due to hurricanes,
reimbursement will not be made for repair of damage to the following temporary
appurtenances, regardless of cause:
• signs,
• barricades,
• changeable message signs, and
• other work zone traffic control devices.
Crash cushion attenuators and guardrail end treatments are the exception to the above
listing and are to be reimbursed in accordance with Section 7.14.B.2, “Reimbursed
Repair.”
For the devices listed in this section, reimbursement may be made for damage due to
hurricanes. Where the contractor retains replaced appurtenances after completion of
the project, the Department will limit the reimbursement to the cost that is above the
salvage value at the end of the project.
2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the
causes listed in Section 7.14.A, “Reimbursable Repair,” to appurtenances (including
temporary and permanent crash cushion attenuators and guardrail end treatments).
Article 7.15. Electrical Requirements, Section A. Definitions, Section 3. Certified Person is
2-4
007---740
06-10
3. Certified Person. A certified person is a person who has passed the test from the TxDOT
course TRF450, “TxDOT Roadway Illumination and Electrical Installations” or other
courses as approved by the Traffic Operations Division. Submit a current and valid TRF
certification upon request. On January 1, 2011, Texas Engineering Extension Service
(TEEX) certifications for “TxDOT Electrical Systems” course will no longer be accepted.
All TRF 450 certifications that have been issued for “TxDOT Roadway Illumination and
Electrical Installations” course that expire before January 1, 2011 will be accepted until
January 1, 2011.
Article 7.15. Electrical Requirements, Section A. Definitions, Section 4. Licensed
Electrician is voided and replaced by the following:
4. Licensed Electrician. A licensed electrician is a person with a current and valid
unrestricted master electrical license, or unrestricted journeyman electrical license that is
supervised or directed by an unrestricted master electrician. An unrestricted master
electrician need not be on the work locations at all times electrical work is being done, but
the unrestricted master electrician must approve work performed by the unrestricted
journeyman. Licensed electrician requirements by city ordinances do not apply to on state
system work.
The unrestricted journeyman and unrestricted master electrical licenses must be issued by the
Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000
or greater that issues licenses based on passing a written test and demonstrating experience.
The Engineer may accept other states’ electrical licenses. Submit documentation of the
requirements for obtaining that license. Acceptance of the license will be based on sufficient
evidence that the license was issued based on:

passing a test based on the NEC similar to that used by Texas licensing officials, and

sufficient electrical experience commensurate with general standards for an unrestricted
master and unrestricted journeyman electrician in the State of Texas.
Article 7.19. Preservation of Cultural and Natural Resources and the Environment is
supplemented by the following:
G. Asbestos Containing Material. In Texas, the Department of State Health Services (DSHS),
Asbestos Programs Branch, is responsible for administering the requirements of the National
Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the
Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory
background information, bridges are considered to be a regulated “facility” under NESHAP.
Therefore, federal standards for demolition and renovation apply.
Provide notice to the Department of demolition or renovation to the structures listed in the plans
at least 30 calendar days prior to initiating demolition or renovation of each structure or load
bearing member. Provide the scheduled start and completion date of structure demolition,
renovation, or removal.
When demolition, renovation, or removal of load bearing members is planned for several phases,
provide the start and completion dates identified by separate phases.
3-4
007---740
06-10
DSHS requires that notifications be postmarked at least 10 working days prior to initiating
demolition or renovation. If the date of actual demolition, renovation, or removal is changed, the
Department will be required to notify DSHS at least 10 days in advance of the work. This
notification is also required when a previously scheduled (notification sent to DSHS) demolition,
renovation or removal is delayed. Therefore, if the date of actual demolition, renovation, or
removal is changed, provide the Engineer, in writing, the revised dates in sufficient time to allow
for the Department’s notification to DSHS to be postmarked at least 10 days in advance of the
actual work.
Failure to provide the above information may require the temporary suspension of work under
Article 8.4, “Temporary Suspension of Work or Working Day Charges,” due to reasons under
the control of the Contractor. The Department retains the right to determine the actual advance
notice needed for the change in date to address post office business days and staff availability.
Article 7.20, Agricultural Irrigation. This Item is supplemented by the following:
Regulate the sequence of work and make provisions as necessary to provide for agricultural
irrigation or drainage during the work. Meet with the Irrigation District or land owner to
determine the proper time and sequence when irrigation demands will permit shutting-off water
flows to perform work.
Unless otherwise provided on the plans, the work required by these provisions will not be paid
for directly but shall be considered as subsidiary work pertaining to the various bid items of this
contract.
4-4
007---740
06-10
2004 Specifications
SPECIAL PROVISION
008---119
Prosecution and Progress
For this project, Item 8, “Prosecution and Progress,” of the Standard Specifications, is
hereby amended with respect to the clauses cited below, and no other clauses or
requirements of this Item are waived or changed hereby.
Article 8.8. Subcontracting, is supplemented with the following:
For all DBE subcontracts including all tiered DBE subcontracts, submit a copy of the
executed subcontract agreement.
1-1
008---119
06-10
2004 Specifications
SPECIAL PROVISION
009---009
Measurement and Payment
For this project, Item 009, “Measurement and Payment,” of the Standard Specifications, is
Article 9.6. Progress Payments, Section A, Retainage is voided and replaced by the following:
A. Retainage. Retainage will not be withheld on this project.
Article 9.6. Progress Payments, Section B, Payment Provisions for Subcontractors is voided
and replaced by the following:
B. Payment Provisions for Subcontractors. For the purposes of this Article only, the term
subcontractor includes suppliers and the term work includes materials provided by suppliers at a
location approved by the department. Pay the subcontractors for work performed within 10 days
after receiving payment for the work performed by the subcontractor. Also, pay any retainage on
a subcontractor’s work within 10 days after satisfactory completion of all of the subcontractor’s
work. Completed subcontractor work includes vegetative establishment, test, maintenance,
performance, and other similar periods that are the responsibility of the subcontractor.
For the purpose of this Section, satisfactory completion is accomplished when:
•
the subcontractor has fulfilled the Contract requirements of both the Department and the
subcontract for the subcontracted work, including the submittal of all information required
by the specifications and the Department; and
•
the work done by the subcontractor has been inspected, approved, and paid by the
Department.
The inspection and approval of a subcontractor’s work does not eliminate the Contractor’s
responsibilities for all the work as defined in Article 7.14, “Contractor’s Responsibility for
Work.”
The Department may pursue actions against the Contractor, including withholding of estimates
and suspending the work, for noncompliance with the subcontract requirements of this Section
upon receipt of written notice with sufficient details showing the subcontractor has complied
with contractual obligations as described in this Article.
These requirements apply to all tiers of subcontractors. Incorporate the provisions of this Article
into all subcontract or material purchase agreements.
1-1
009---009
04-06
2004 Specifications
SPECIAL PROVISION
009---015
Measurement and Payment
For this project, Item 9, “Measurement and Payment,” of the Standard Specifications, is hereby
Article 9.5. Force Account, B. Insurance and Taxes is replaced by the following:
B. Labor Burden. An additional 55% of the labor cost, excluding the 25% compensation
provided in Section 9.5.A, “Labor,” will be paid as compensation for labor insurance and
labor taxes including the cost of premiums on non-project specific liability (excluding
vehicular) insurance, workers compensation insurance, Social Security, unemployment
insurance taxes, and fringe benefits.
1-1
009---015
12-07
2004 Specifications
SPECIAL PROVISION
100---002
Preparing Right of Way
For this project, Item 100, “Preparing Right of Way,” of the Standard Specifications, is hereby
Article 100.4. Payment. The second paragraph is voided and replaced by the following:
Total payment of this Item will not exceed 10% of the original contract amount until final
acceptance. The remainder will be paid on the estimate after the final acceptance under Article
5.8, “Final Acceptance.”
1-1
100---002
10-07
2004 Specifications
SPECIAL PROVISION
164---002
Seeding For Erosion Control
Item 164, “Seeding For Erosion Control,” of the Standard Specifications, is hereby amended
Article 164.3. Construction. The following is added after the first sentence:
Use approved equipment to vertically track the seedbed as shown on the plans or as directed by
the Engineer.
1-1
164---002
08-07
2004 Specifications
SPECIAL PROVISION
166---001
Fertilizer
Item 166, “Fertilizer,” of the Standard Specifications, is hereby amended with respect to the
clauses cited below, and no other clauses or requirements of this Item are waived or changed
hereby.
Article 166.2. Materials is voided and replaced by the following:
Use a complete fertilizer containing nitrogen (N), phosphoric acid (P), and potash (K) nutrients
unless otherwise specified on the plans. At least 50% of the nitrogen component must be a slow–
release sulfur coated urea. Ensure that fertilizer is in an acceptable condition for distribution in
containers labeled with the analysis. Fertilizer is subject to testing by the Texas A&M Feed and
Fertilizer Control Service in accordance with the Texas Fertilizer Law.
Article 166.3. Construction is voided and replaced by the following:
Deliver and apply the complete fertilizer uniformly at a rate equal to 60 lb. of nitrogen per acre
or at the analysis and rate specified on the plans.
Apply fertilizer as a dry material and do not mix with water to form a slurry.
Incorporate fertilizer during seedbed preparation as specified in the plans.
1-1
166---001
09-07
2004 Specifications
SPECIAL PROVISION
247---033
Flexible Base
For this project, Item 247, “Flexible Base,” of the Standard Specifications, is hereby amended
Article 247.2. Materials, Section A. Aggregate, Table 1. Material Requirements is replaced
by the following:
Table 1
Material Requirements
Property
Master gradation
sieve size
(cumulative %
retained)
2-1/2 in.
1-3/4 in.
7/8 in.
3/8 in.
No. 4
No. 40
Liquid Limit,
% max.1
Plasticity Index,
max.1
Plasticity index, min.1
Wet ball mill,
% max.2
Wet ball mill, % max.
increase passing the
No. 40 sieve
Classification, max. 3
Test
Method
Tex-110-E
Tex-104-E
Tex-106-E
Grade 1
Grade 2
Grade 3
–
0
0–10
0
0–10
Grade 5
As shown on
the plans
0
0-5
10–35
35–65
45–75
70–90
0
10–35
30–50
45–65
70–85
–
–
–
–
45–75
60–85
45–75
50–85
35
40
10
12
40
45
20
20
–
As shown on
the plans
20
When
shown on
the plans
When
shown on
the plans
–
As shown on
the plans
-
As shown on
the plans
As shown on
12
the plans
As shown on the plans
As shown on
–
the plans
40
Tex-116-E
Tex-117-E
Grade 4
35
10
40
Min. compressive
strength, psi
As shown on
–
–
lateral pressure 0 psi
45
35
Tex-117-E
the plans
–
–
–
90
–
175
175
175
1. Determine the plastic index in accordance with Tex-107-E (linear shrinkage) when liquid limit is unattainable as
defined in Tex-104-E.
2. When a soundness value is required by the plans, test material in accordance with Tex-411-A.
3. When Classification is required by the plans, a triaxial Classification of 1.0 or less for Grades 1 and 2.3 or less for
Grade 2 is required. The Classification requirement for Grade 4 will be as shown on the plans.
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03-09
Article 247.2. Materials, Section A. Aggregate, Section 3. Recycled Material, Section b.
Recycled Material (Including Crushed Concrete) Requirements, Section (1), Contractor
Furnished Recycled Materials is supplemented by the following:
Provide recycled materials that have a maximum sulfate content of 3000 ppm when tested in
accordance with Tex-145-E.
Article 247.4. Construction, Section C. Compaction is supplemented by the following:
Before final acceptance, the Engineer will select the locations of tests and measure the flexible
base depth in accordance with Tex-140-E when Complete in Place measurement is specified.
Correct areas deficient by more than 1/2 in. in thickness by scarifying, adding material as
required, reshaping, recompacting, and refinishing at the Contractor’s expense.
Article 247.4. Construction, Section C. Compaction, Section 2. Density Control first
paragraph is replaced by the following:
Compact to at least 100% of the maximum dry density determined by Tex-113-E, unless
otherwise shown on the plans. Maintain moisture during compaction at not less than 1
percentage point below the optimum moisture content determined by Tex-113-E. Determine the
moisture content of the material in accordance with Tex-115-E or Tex-103-E during compaction
daily and report the results the same day to the Engineer, unless otherwise shown on the plans or
directed.
2-2
247-033
03-09
2004 Specifications
SPECIAL PROVISION
360---003
Concrete Pavement
For this project, Item 360, “Concrete Pavement,” of the Standard Specifications, is hereby
Article 360.3. Equipment, Section E. Curing Equipment. The third sentence is voided and
Provide curing equipment that is independent of all other equipment when required to meet the
requirements of Article 360.4.I, “Curing.”
Article 360.4. Construction, Section H. Spreading and Finishing, Section 2. Maintenance of
Surface Moisture. The first and second sentences are voided and replaced by the following:
Prevent surface drying of the pavement before application of the curing system by means that
may include water fogging, the use of wind screens and the use of evaporation retardants.
Article 360. 4. Construction, Section I. Curing. The first sentence is voided and replaced by
the following:
Keep the concrete pavement surface from drying as described in Section 360.4.H.2,
“Maintenance of Surface Moisture,” until the curing material has been applied.
Article 360. 4. Construction, Section I. Curing, Section 1. Membrane Curing. The first
paragraph is voided and replaced by the following:
Spray the concrete surface uniformly with 2 coats of membrane curing compound at an
individual application rate of not more than 180 sq. ft. per gallon. Do not allow the concrete
surface to dry before applying the curing compound. Use a towel or absorptive fabric to remove
any standing pools of bleed water that may be present on the surface before applying the curing
compound. Apply the first coat within 10 min. after completing texturing operations. Apply the
second coat within 30 min. after completing texturing operations.
1-1
360---003
01-06
2004 Specifications
SPECIAL PROVISION
420---002
Concrete Structures
For this project, Item 420, “Concrete Structures,” of the Standard Specifications, is hereby
Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The tenth paragraph is
supplemented with the following:
For bridge approach slabs the carpet drag, burlap drag, or broom finish may be applied either
longitudinally or transversely.
Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The first sentence of the
fourteenth paragraph is voided and replaced by the following:
Unless noted otherwise, saw-cut grooves in the hardened concrete of bridge slabs, bridge
approach slabs, and direct-traffic culverts to produce the final texturing after completion of the
required curing period.
Article 420.4. Construction, Section I, “Finish of Bridge Slabs”. The fourteenth paragraph is
amended by the following:
When saw-cut grooves are not required in the plans, provide either a carpet drag or broom finish
for micro-texture. In this case insure that an adequate and consistent micro-texture is achieved by
applying sufficient weight to the carpet and keeping the carpet or broom from getting plugged
with grout. For surfaces that do not have adequate texture, the Engineer may require corrective
action including diamond grinding or shot blasting.
Article 420.4. Construction, Section J. Curing Concrete. The first sentence of the fourth
For upper surfaces of bridge slabs, bridge approach slabs, median and sidewalk slabs, and culvert
top slabs constructed using Class S concrete, apply interim curing using a Type 1-D curing
compound before the water sheen disappears but no more than 45 minutes after application of
the evaporation retardant. Do not allow the concrete surface to dry before applying the interim
cure, and do not place the interim cure over standing water.
1-2
420---002
09-05
Article 420.6 Payment. The pay adjustment formula given in the sixth bullet of the fourth
A = Bp[-5.37(Sa/Ss)2 + 11.69(Sa/Ss) – 5.32]
Where:
A = Amount to be paid
Sa = Actual strength from cylinders or cores
Ss = Specified design strength
Bp = Unit bid price
2-2
420---002
09-05
2004 Specifications
SPECIAL PROVISION
421---035
Hydraulic Cement Concrete
For this project, Item 421, “Hydraulic Cement Concrete,” of the Standard Specifications is
Article 421.2.D. Water, Table 1. Chemical Limits for Mix Water is voided and replaced by
the following:
Table 1
Chemical Limits for Mix Water
Contaminant
Test Method
Maximum Concentration (ppm)
Chloride (Cl)
ASTM C 114
Prestressed concrete
500
Bridge decks and superstructure
500
All other concrete
1,000
Sulfate (SO 4 )
ASTM C 114
2,000
Alkalies (Na 2 O + 0.658K 2 O)
ASTM C 114
600
Total Solids
ASTM C 1603
50,000
Article 421.2.B. Supplementary Cementing Materials (SCM) is supplemented with the
following:
6. Modified Class F Fly Ash (MFFA). Furnish MFFA conforming to DMS-4610,
“Fly Ash.”
Article 421.2.D. Water, Table 2. Acceptance Criteria for Questionable Water Supplies is
Table 2
Acceptance Criteria for Questionable Water Supplies
Property
Test Method
Limits
Compressive strength, min. %
ASTM C 31, ASTM C 391,2
90
control at 7 days
Time of set, deviation from
ASTM C 4031
From 1:00 early to 1:30 later
control, h:min.
1. Base comparisons on fixed proportions and the same volume of test water compared to the control
mix using 100% potable water or distilled water.
2. Base comparisons on sets consisting of at least two standard specimens made from a composite
sample.
Article 421.2.E.1 Coarse Aggregate. The fourth paragraph is voided and replaced by the
following:
Unless otherwise shown on the plans, provide coarse aggregate with a 5-cycle magnesium sulfate
soundness when tested in accordance with Tex-411-A of not more than 25% when air
1-7
421---035
08-09
entrainment is waived and 18% when air entrainment is not waived. Crushed recycled hydraulic
cement concrete is not subject to the 5-cycle soundness test.
Article 421.2.E.2 Fine Aggregate. The fifth paragraph is voided and replaced by the following:
Acid insoluble (%) = {(A1)(P1)+(A2)(P2)}/100
where:
A1 = acid insoluble (%) of aggregate 1
A2 = acid insoluble (%) of aggregate 2
P1 = percent by weight of aggregate 1 of the fine aggregate blend
P2 = percent by weight of aggregate 2 of the fine aggregate blend
Article 421.2.E.2. Fine Aggregate. The final paragraph is voided and replaced by the following:
For all classes of concrete, provide fine aggregate with a fineness modulus between 2.3 and 3.1
as determined by Tex-402-A.
Article 421.2.E. Aggregate is supplemented by the following:
4. Intermediate Aggregate. When necessary to complete the concrete mix design, provide
intermediate aggregate consisting of clean, hard, durable particles of natural or
lightweight aggregate or a combination thereof. Provide intermediate aggregate free from
frozen material and from injurious amounts of salt, alkali, vegetable matter, or other
objectionable material, and containing no more than 0.5% clay lumps by weight in
accordance with Tex-413-A.
If more than 30% of the intermediate aggregate is retained on the No. 4 sieve, the
retained portion must meet the following requirements:
• must not exceed a wear of 40% when tested in accordance with Tex-410-A.
• must have a 5-cycle magnesium sulfate soundness when tested in accordance with
Tex-411-A of not more than 25% when air entrainment is waived and 18% when air
entrainment is not waived.
If more than 30% of the intermediate aggregate passes the 3/8” sieve, the portion passing
the 3/8” sieve must not show a color darker than standard when subjected to the color test
for organic impurities in accordance with Tex-408-A and must have an acid insoluble
residue, unless otherwise shown on the plans, for concrete subject to direct traffic equal
to or greater than the value calculated with the following equation:
AIia ≥ 60 - (AIfa)(Pfa)
( Pia)
where:
AIfa = acid insoluble (%) of fine aggregate or fine aggregate blend
Pfa = percent by weight of the fine aggregate or fine aggregate blend as a
percentage of the total weight of the aggregate passing the 3/8” sieve in the
concrete mix design
Pia = percent by weight of the intermediate aggregate as a percentage of the total
weight of the aggregate passing the 3/8” sieve in the concrete mix design
2-7
421---035
08-09
Article 421.2.F. Mortar and Grout is supplemented by the following:
Section 421.4.A.6, “Mix Design Options,” does not apply for mortar and grout.
Article 421.3.A. Concrete Plants and Mixing Equipment is supplemented by the following:
When allowed by the plans or the Engineer, for concrete classes not identified as structural
concrete in Table 5 or for Class C concrete not used for bridge-class structures, the Engineer may
inspect and approve all plants and trucks in lieu of the NRMCA or non-Department engineer
sealed certifications. The criteria and frequency of Engineer approval of plants and trucks is the
same used for NRMCA certification.
Article 421.3.A.2. Volumetric Mixers is supplemented by the following:
Unless allowed by the plans or the Engineer, volumetric mixers may not supply classes of
concrete identified as structural concrete in Table 5.
Article 421.4.A Classification and Mix Design. The first paragraph is voided and replaced by
the following:
Unless a design method is indicated on the plans, furnish mix designs using ACI 211, “Standard
Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete,” Tex-470-A, or
other approved procedures for the classes of concrete required in accordance with Table 5.
Perform mix design and cement replacement using the design by weight method unless
otherwise approved. Do not exceed the maximum water-to-cementitious-material ratio.
Article 421.4.A. Classification and Mix Design, Table 5 Concrete Classes is voided and
Table 5
Concrete Classes
Class of
Concrete
Design
Strength,
Min.
28-day f′ c
(psi)
Maximum
W/C Ratio1
Coarse
Aggregate
Grades2,3
A
3,000
0.60
1–4, 8
B
2,000
0.60
2–7
C5
3,600
0.45
1–6
C(HPC)5
D
E
3,600
1,500
3,000
0.45
0.60
0.50
1-6
2–7
2–5
F5
Note 6
0.45
2–5
F(HPC)5
Note 6
0.45
2–5
Note 6
0.45
3–6
Note 6
4,000
0.45
0.45
3–6
2–5
H
5
H(HPC)
S5
5
3-7
General Usage4
Inlets, manholes, curb, gutter, curb & gutter,
conc. retards, sidewalks, driveways, backup
walls, anchors
Riprap, small roadside signs, and anchors
Drilled shafts, bridge substructure, bridge
railing, culverts except top slab of direct traffic
culverts, headwalls, wing walls, approach
slabs, concrete traffic barrier (cast-in-place)
Riprap
Seal concrete
Railroad structures; occasionally for bridge
piers, columns, or bents
Prestressed concrete beams, boxes, piling, and
concrete traffic barrier (precast)
Bridge slabs, top slabs of direct traffic culverts
421---035
08-09
Design
Strength,
Class of
Min.
Concrete
28-day f′ c
(psi)
S(HPC)5
4,000
P
See Item 360
DC5
5,500
CO5
4,600
LMC5
4,000
Maximum
W/C Ratio1
Coarse
Aggregate
Grades2,3
0.45
0.45
0.40
0.40
0.40
2–5
2–3
6
6
6–8
General Usage4
Concrete pavement
Dense conc. overlay
Conc. overlay
Latex-modified concrete overlay
Slurry displacement shafts, underwater drilled
5
7
SS
3,600
0.45
4–6
shafts
K5
Note 6
0.45
Note 6
Note 6
HES
Note 6
0.45
Note 6
Note 6
1. Maximum water-cement or water-cementitious ratio by weight.
2. Unless otherwise permitted, do not use Grade 1 coarse aggregate except in massive foundations with
4-in. minimum clear spacing between reinforcing steel bars. Do not use Grade 1 aggregate in drilled
shafts.
3. Unless otherwise approved, use Grade 8 aggregate in extruded curbs.
4. For information only.
5. Structural concrete classes.
6. As shown on the plans or specified.
7. Use a minimum cementitious material content of 650 lb/cy of concrete. Do not apply Table 6 over
design requirements to Class SS concrete.
Article 421.4.A. Classification and Mix Design, Table 6 Over Design to Meet Compressive
Strength Requirements. Footnote 3 is supplemented by the following:
For Class K and concrete classes not identified as structural concrete in Table 5 or for Class C
concrete not used for bridge-class structures, the Engineer may designate on the plans an
alternative over-design requirement up to and including 1,000 psi for specified strengths less
than 3,000 psi and up to and including 1,200 psi for specified strengths from 3,000 to 5,000 psi.
Article 421.4.A.1. Cementitious Materials is supplemented by the following:
The upper limit of 35% replacement of cement with Class F fly ash specified by mix design
Options 1 and 3 may be increased to a maximum of 45% for mass placements, high performance
concrete, and precast members when approved.
Article 421.4.A.3. Chemical Admixtures is supplemented by the following:
When a corrosion-inhibiting admixture is required, use a 30% calcium nitrite solution. The
corrosion-inhibiting admixture must be set neutral unless otherwise approved. Dose the
admixture at the rate of gallons of admixture per cubic yard of concrete shown on the plans.
Article 421.4.A.4 Air Entrainment is voided and replaced by the following:
Air entrain all concrete except for Class B and concrete used in drilled shafts unless otherwise
shown on the plans. Unless otherwise shown on the plans, target an entrained air content of 4.0%
for concrete pavement and 5.5% for all other concrete requiring air entrainment. To meet the airentraining requirements, use an approved air-entraining admixture. Unless otherwise shown on
the plans, acceptance of concrete loads will be based on a tolerance of ± 1.5% from the target air
content. If the air content is more than 1.5 but less than 3.0% above the target air, the concrete
4-7
421---035
08-09
may be accepted based on strength tests. For specified concrete strengths above 5,000 psi, a
reduction of 1% is permitted.
Article 421.4.A Table 7 Air Entrainment is voided.
Article 421.4.A.6. Mix Design Options. The first and second paragraphs are voided and
For structural concrete identified in Table 5 and any other class of concrete designed using more
than 520 lb. of cementitious material per cu. yd., use one of the mix design Options 1–8 shown
below, unless otherwise shown on the plans.
For concrete classes not identified as structural concrete in Table 5 and designed using less than
520 lb. of cementitious material per cu. yd., use one of the mix design Options 1–8 shown below,
except that Class C fly ash may be used instead of Class F fly ash for Options 1, 3, and 4 unless
sulfate-resistant concrete is shown on the plans.
Do not use mix design Options 6 or 7 when High Performance Concrete (HPC) is required.
Option 8 may be used when HPC is required provided: a minimum of 20% of the cement is
replaced with a Class C fly ash; Tex-440-A, “Initial Time of Set of Fresh Concrete” is performed
during mix design verification; the additional requirements for permeability are met; and the
concrete is not required to be sulfate-resistant.
Article 421.4.A.6.b. Option 2 is voided and replaced by the following:
b. Option 2. Replace 35 to 50% of the cement with GGBFS or MFFA.
Article 421.4.A.6.c. Option 3 is voided and replaced by the following:
c. Option 3. Replace 35 to 50% of the cement with a combination of Class F fly ash, GGBFS,
MFFA, UFFA, metakaolin, or silica fume; however, no more than 35% may be fly ash, and no
more than 10% may be silica fume.
Article 421.4.A.6.f. Option 6 is voided and replaced by the following:
f. Option 6. Use lithium nitrate admixture at a minimum dosage determined by testing conducted
in accordance with Tex-471-A, “Lithium Dosage Determination Using Accelerated Mortar Bar
Testing.” Before use of the mix, provide an annual certified test report signed and sealed by a
licensed professional engineer, from a laboratory on the Department’s List of Approved Lithium
Testing Laboratories, certified by the Construction Division as being capable of testing
according to Tex-471-A, “Lithium Dosage Determination Using Accelerated Mortar Bar
Testing.”
Article 421.4.A.6.g. Option 7 is voided and replaced by the following:
g. Option 7. When using hydraulic cement only, ensure that the total alkali contribution from the
cement in the concrete does not exceed 3.5 lb. per cubic yard of concrete when calculated as
follows:
lb. alkali per cu. yd. = (lb. cement per cu. yd.) × (% Na2Ο equivalent in cement)
100
5-7
421---035
08-09
In the above calculation, use the maximum cement alkali content reported on the cement mill
certificate.
Do not use Option 7 when any of the aggregates in the concrete are listed on the Department’s
List of Aggregate Sources Excluded from Option 7 ASR Mitigation.
Article 421.4.A.6.h. Option 8 is voided and replaced by the following:
h. Option 8. For any deviations from Options 1–5, perform annual testing on coarse,
intermediate, and fine aggregate separately in accordance with ASTM C 1567. Before use of the
mix, provide a certified test report signed and sealed by a licensed professional engineer, from a
laboratory on the Department’s List of Approved ASTM C 1260 Laboratories, demonstrating
that the ASTM C 1567 test result for each aggregate does not exceed 0.08% expansion at
14 days.
Do not use Option 8 when any of the aggregates in the concrete are listed on the Department’s
List of Aggregate Sources Excluded from Option 8 ASR Mitigation. When HPC is required,
provide a certified test report signed and sealed by a licensed professional engineer
demonstrating that AASHTO T 277 test results indicate the permeability of the concrete is less
than 1,500 coulombs tested immediately after either of the following curing schedules:
•
Moist cure specimens 56 days at 73ºF.
•
Moist cure specimens 7 days at 73ºF followed by 21 days at 100ºF.
Article 421.4.B. Trial Batches is supplemented by the following:
Once a trial batch substantiates the mix design, the proportions and mixing methods used in the
trial batch become the mix design of record.
Article 421.4.B. Trial Batches. The fourth sentence of the second paragraph is voided and
Test at least one set of design strength specimens, consisting of two specimens per set, at 7-day,
28-day, and at least one additional age.
Article 421.4.D. Measurement of Materials, Table 9 is voided and replaced by the following:
Table 9
Measurement Tolerances – Non-Volumetric Mixers
Material
Tolerance (%)
Cement, wt.
-1 to +3
SCM wt.
-1 to +3
Cement + SCM (cumulative weighing), wt.
-1 to +3
Water, wt. or volume
±3
Fine aggregate, wt.
±2
Coarse aggregate, wt.
±2
Fine + coarse aggregate (cumulative weighing), wt.
±1
Chemical admixtures, wt. or volume
±3
6-7
421---035
08-09
Article 421.4.E. Mixing and Delivering Concrete. The first paragraph is supplemented with the
following:
Do not top-load new concrete onto returned concrete.
Article 421.4.E.3. Truck-Mixed Concrete. The first paragraph is voided and replaced by the
following:
Mix the concrete in a truck mixer from 70 to 100 revolutions at the mixing speed designated by
the manufacturer to produce a uniform concrete mix. Deliver the concrete to the project in a
thoroughly mixed and uniform mass and discharge the concrete with a satisfactory degree of
uniformity. Additional mixing at the job site at the mixing speed designated by the manufacturer
is allowed as long as the requirements of Section 421.4.A.5, “Slump” and Section 421.4.E,
“Mixing and Delivering Concrete” are met.
7-7
421---035
08-09
2004 Specifications
SPECIAL PROVISION
440---002
Reinforcing Steel
For this project, Item 440, “Reinforcing Steel,” of the Standard Specifications, is hereby
Article 440.2. Materials, Section G. Mechanical Couplers is voided and replaced by the
following:
When mechanical splices in reinforcing steel bars are shown on the plans, use couplers of the
type specified in DMS-4510, “Mechanical Couplers,” under the section “General Requirements.”
Furnish only couplers that have been produced by a manufacturer that has been prequalified in
accordance with DMS-4510. Do not use sleeve-wedge type couplers on coated reinforcing.
Sample and test couplers for use on individual projects in accordance with DMS-4510. Furnish
couplers only at locations shown on the plans.
Article 440.3. Construction, Section D. Splices. The fifth bullet is voided and replaced by the
following:

For box culvert extensions with less than 1 ft. of fill, lap the existing longitudinal bars
with the new bars as shown in Table 5. For extensions with more than 1 ft. of fill, lap at
least 1 ft. 0 in.
1-1
440---002
06-09
2004 Specifications
SPECIAL PROVISION
500---005
Mobilization
For this project, Item 500, “Mobilization,” of the Standard Specifications, is hereby amended
Article 500.1. Description is supplemented by the following:
Work for this Item includes submissions required by the Contract.
Article 500.3. Payment, Section A is voided and replaced by the following:
A. Payment will be made upon presentation of a paid invoice for the payment, performance, or
retainage bonds, and required insurance. The combined payment for bonds and insurance will be
no more than 10% of the mobilization lump sum or 1% of the total Contract amount, whichever
is less.
Article 500.3. Payment, Section F is voided and replaced by the following:
F. Upon final acceptance, 97% of the mobilization lump sum bid will be paid. Previous
payments under this Item will be deducted from this amount.
Article 500.3. Payment is supplemented by the following:
G. Payment for the remainder of the lump sum bid for “Mobilization” will be made after all
submittals are received, final quantities have been determined and when any separate vegetative
establishment and maintenance, test and performance periods provided for in the Contract have
been successfully completed.
1-1
500-005
03-08
2004 Specifications
SPECIAL PROVISION
502---033
Barricades, Signs, and Traffic Handling
For this project, Item 502, “Barricades, Signs, and Traffic Handling,” of the Standard
Specifications, is hereby amended with respect to the clauses cited below, and no other clauses
or requirements of this Item are waived or changed hereby.
Article 502.4. Payment, Section C. Maximum Total Payment Prior to Acceptance is voided
C. Maximum Total Payment Prior to Acceptance. The total payment for this Item will not
exceed 10% of the total Contract amount before final acceptance in accordance with Article 5.8,
“Final Acceptance.” The remaining balance will be paid in accordance with Section 502.4.E,
“Balance Due.”
1-1
502---033
10-07
2004 Specifications
SPECIAL PROVISION
506---010
Temporary Erosion, Sedimentation, and Environmental Controls
For this project, Item 506, “Temporary Erosion, Sedimentation, and Environmental Controls,” of
the Standard Specifications, is hereby amended with respect to the clauses cited below, and no
other clauses or requirements of this Item are waived or changed hereby.
Article 506.2. Materials. Section I. Sandbags. Table 1 is replaced with the following:
Table 1
Sand Gradation
Sieve #
4
100
200
Retained (% by Weight)
MAXIMUM 3%
MINIMUM 80%
MINIMUM 95%
1-1
506---010
05-07
2004 Specifications
SPECIAL PROVISION
636---014
Aluminum Signs
For this project, Item 636, “Aluminum Signs,” of the Standard Specifications, is hereby amended
Article 636.1. Description is voided and replaced by the following:
• Installation. Furnish, fabricate, and erect signs. Sign supports are provided for under other
Items.
• Replacement. Replace existing signs on existing sign supports.
• Refurbishing. Refurbish existing signs on existing sign supports.
Article 636.2. Materials, Section A. Sign Blanks is voided and replaced by the following:
A. Sign Blanks. Furnish sign blank substrates in accordance with DMS-7110, “Aluminum Sign
Blanks” or DMS-8305, “Fiberglass Sign Substrate,” and in accordance with the types shown
on the plans. Use single-piece sheet-aluminum substrates for Type A (small) signs. Use
either extruded aluminum or fiberglass substrates for Type G (ground-mounted) or Type O
(overhead-mounted) signs as shown on the plans.
Article 636.2. Materials, Section B. Sign Face Reflectorization is supplemented by the
following:
Ensure that sign legend, symbols, borders, and background exhibit uniform color, appearance,
and retroreflectivity when viewed both day and night.
Article 636.2. Materials, Section C. Sign Messages. The last two bullets are voided and
• Fabricate non-reflective black film legend from materials meeting DMS-8300.
• Furnish direct-applied route markers and other attachments within the parent sign face,
unless otherwise specified in the plans.
Article 636.2. Materials, Section D. Hardware is supplemented by the following:
Furnish sign hardware for fiberglass signs in accordance with the fiberglass substrate
manufacturer’s recommendations.
Article 636.3. Construction, Section A. Fabrication, Part 1. Sign Blanks. The first paragraph
is voided and replaced by the following:
1-3
636---014
10-08
Furnish sign blanks to the sizes and shapes shown on the plans and that are free of buckles,
warps, burrs, dents, cockles, or other defects. Do not splice individual extruded aluminum or
fiberglass panels.
Article 636.3. Construction, Section A. Fabrication, Part 2. Sheeting Application is voided
2. Sheeting Application. Apply sheeting to sign blanks in conformance with the sheeting
manufacturer’s recommended procedures. Meet the fabrication requirements of DMS-8300,
Section 8300.7.F, “Sign Fabrication” for white, orientation non-compliant sheeting listed on
the Department’s Material Producer List entitled “Sign Face Materials.” Clean and prepare the
outside surface of extruded aluminum or fiberglass flanges in the same manner as the sign
panel face.
Minimize the number of splices in the sheeting. Overlap the lap-splices by at least 1/4 in. Use
butt splices for Type C microprismatic, Type D, and Type E reflective sheeting. Provide a 1-ft.
minimum dimension for any piece of sheeting. Do not splice sheeting for signs fabricated with
transparent screen inks or colored transparent films.
Article 636.3. Construction, Section A. Fabrication, Part 3. Sign Assembly. The first
3. Sign Assembly. Assemble extruded aluminum signs in accordance with the details shown on
the plans. Assemble fiberglass signs in accordance with the fiberglass manufacturer’s
recommendations located on the Department’s Material Producer List entitled “Fiberglass
Sign Substrates.” Sign face surface variation must not exceed 1/8 in. per foot. Surface
misalignment between panels in multi-panel signs must not exceed 1/16 in. at any point.
Article 636.3. Construction, Section B. Storage and Handling. The last paragraph is voided
Store all finished signs off the ground and in a vertical position until erected. Store finished
sheet-aluminum substrate signs in a weatherproof building. Extruded aluminum and fiberglass
substrate signs may be stored outside.
Article 636.3. Construction, Section E. Replacement is supplemented by the following:
Mounting hardware for fiberglass signs will be per the fiberglass substrate manufacturer’s
recommendations.
2-3
636---014
10-08
Article 636.3. Construction, Section H. Documentation is added.
H. Documentation. Provide a notarized original of the Signing Material Statement (Form 2273)
with the proper attachments for verification of compliance.
Article 636.5. Payment. The first paragraph is voided and replaced by the following:
The work performed and materials furnished in accordance with this Item and measured as
provided under “Measurement” will be paid for at the unit price bid for “Aluminum Signs,”
“Fiberglass Signs,” “Signs,” “Replacing Existing Aluminum Signs,” “Replacing Existing
Fiberglass Signs,” “Refurbishing Aluminum Signs,” or “Refurbishing Fiberglass Signs,” of the
type specified.
Article 636.5. Payment, Section B. Replacement is voided and replaced by the following:
B. Replacement. This price is full compensation for: furnishing and installing new aluminum or
fiberglass signs and hardware; removal of existing signs; fabrication of sign panels; treatment
of sign panels required before application of the background materials; application of the
background materials and messages to the sign panels; furnishing and fabricating frames,
wind beams, stiffeners, or required joint backing strips; furnishing bolts, rivets, screws,
fasteners, clamps, brackets, and sign support connections; assembling and erecting the signs;
preparing and cleaning the signs; salvaging and disposing of unsalvageable material; and
equipment, materials, labor, tools, and incidentals.
3-3
636---014
10-08
2004 Specifications
SPECIAL PROVISION
672---034
Raised Pavement Markers
For this project, Item 672, “Raised Pavement Markers,” of the Standard Specifications, is hereby
Article 672.2. Materials, Section B. Adhesives is supplemented by the following:
•
The Contractor may propose alternate adhesive materials for consideration and approval by
the Engineer.
Article 672.3. Construction. The sixth paragraph is voided and replaced by the following:
Use the following adhesive materials for placement jiggle bar tile, reflectorized pavement
markers, and traffic buttons unless otherwise shown on the plans:
•
standard or flexible bituminous adhesive for applications on bituminous pavements.
•
epoxy adhesive or flexible bituminous adhesive for applications on hydraulic cement
concrete pavements.
Use epoxy adhesive for plowable reflectorized pavement markers.
Article 672.3. Construction is supplemented by the following:
Provide a 30-day performance period that begins the day following written acceptance for each
separate location. The date of written acceptance will be the last calendar day of each month for
the RPMs installed that month for the completed separate project locations. This written
acceptance does not constitute final acceptance.
Replace all missing, broken or non-reflective RPMs. Visual evaluations will be used for these
determinations. Upon request, the Engineer will allow a Contractor representative to accompany
the Engineer on these evaluations.
The Engineer may exclude RPMs from the replacement provisions of the performance, provided
the Engineer determines that the failure is a result of causes other than defective material or
inadequate installation procedures. Examples of outside causes are extreme wear at
intersections, damage by snow or ice removal, and pavement failure.
Replace all missing or non-reflective RPMs identified during the performance period within 30
days after notification. The end of the performance period does not relieve the Contractor from
the performance deficiencies requiring corrective action identified during the performance
period.
1-3
672---034
08-08
Article 672.5. Payment is supplemented by the following:
No additional payment will be made for replacement of RPMs failing to meet the performance
requirements.
2-3
672---034
08-08
RPMs INSTALLATION RECORD
The 30 day performance period begins the day after written acceptance for each separate
location. The date of written acceptance will be the last calendar day of each month for the
RPMs installed that month for the completed separate project locations.
COUNTY
HIGHWAY
CONTROL
PROJECT
LIMITS FROM
LIMITS TO
MONTH/YR
OF INSTALLATION
Contractor signature
Date
Department signature
Date
3-3
672---034
08-08
Buy America
General. All steel and iron products must be of domestic origin. All manufacturing processes must take
place domestically. Current regulations require the use of domestic steel and iron in federally funded
highway construction. All foreign steel and iron materials and products are covered by Buy America
regulations regardless of the percentage they comprise in a manufactured product or the form they may
take. The regulations allow bidders and the LG some latitude through minimum use, waivers and
alternate bids.
As previously mentioned, all manufacturing processes must take place domestically. Manufacturing
begins with the initial melting and mixing, and continues through the coating stage. Any process that
modifies the chemical content, the physical size or shape, or the final finish is considered a
manufacturing process. These processes include rolling, extruding, machining, bending, grinding,
drilling and coating. Coating includes epoxy coating, galvanizing, painting, or any other coating that
protects or enhances the value of the material.
Buy America does not apply to raw materials (iron ore and alloys), scrap, pig iron or processed,
pelletized, and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue
a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the
FHWA website (http://www.fhwa.dot.gov/programadmin/contracts/032495.cfm) If domestically
produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then
returned to the U.S., the resulting product does not conform to the Buy America requirements.
The manufacturing process for a steel/iron product is considered complete when the product is ready for
use as an item (e.g., fencing, posts, girders, pipe, manhole cover, etc.) or could be incorporated as a
component of a more complex product through a further manufacturing process (e.g., the case for a
traffic signal head). The final assembly process does not need to be accomplished domestically so long
as the steel/iron component is only installed and no manufacturing process is performed on the steel/iron
component.
Example: Shapes produced domestically from foreign source steel billets are not acceptable under Buy
America since the initial melting and mixing of alloys to create the steel occurred in a foreign country.
Example: All welding must take place domestically since the welding rod itself is typically an iron/steel
product and the welding process substantially alters the rod.
Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all
foreign source items used in the project, as delivered to the project site, is less than $2,500 or one-tenthof-one-percent (1/10 of 1%) of the contract amount, whichever is greater. If a supplier or fabricator
wishes to use a partial fabrication process where domestic and foreign source components are assembled
at a domestic location, the "as delivered cost" of the foreign components should include any
transportation, assembly and testing costs required to install them in the final product.
For the Buy America requirements to apply, the steel or iron product must be permanently incorporated
into the project. Buy America does not apply to temporary steel items (e.g. temporary sheet piling,
temporary bridges, steel scaffolding and falsework, etc.) Further, Buy America does not apply to
materials that remain in place at the contractor's convenience.
The practice of making otherwise eligible items non-participating for the purpose of circumventing the
Buy America requirements is unacceptable and will not be approved. There is no clear-cut rule for
resolving an after-the-fact discovery of an inadvertent incorporation of an excess amount of foreign
materials into a project. Each situation should be resolved on a case-by-case basis. FHWA retains the
authority to resolve all Buy America issues.
Buy America provisions apply to all material incorporated in a Federal-aid project, even if an item is
rendered as a "donated material" in accordance with 23 U.S.C. 323 - Donations and Credits. While the
LG may receive a credit for donated material, this material must generally comply with Buy America.
Waivers. Approval authority for waivers of Buy America requirements is retained by FHWA for all
federally funded projects. The FHWA may grant a waiver of the Buy America requirements for specific
projects if the LG can demonstrate either of the following:
a. Compliance with the requirements is inconsistent with the public interest; or
b. Insufficient quantities of satisfactory quality domestic products are available.
Materials delivery delay will not be considered as grounds for a waiver. The cost differential between
domestic and foreign products is also not grounds for a waiver.
An LG may apply for a waiver of the Buy America provisions if it believes that a waiver is warranted.
The LG must submit the waiver request with supporting information through TxDOT to FHWA
sufficiently in advance of need to allow time for proper review and action.
Alternative Bidding Procedures. An alternative bidding procedure may be used to justify the use of
foreign steel or iron. Under this procedure, the total project is bid using two alternatives: one which is
based on foreign source products, and the second, using domestic products. The use of foreign products
may be justified if the lowest total bid based on domestic steel or iron products is 25 percent more than
the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to
the total bid for the entire project, not just the bids for the steel or iron products.
Enforcement. The LG is responsible for enforcing the Buy America provisions. The contract provisions
should require the contractor to provide a definitive statement about the origin of all products covered
under the Buy America provisions. An alternate procedure is to use step certification for products.
Under step certification, each handler of the product (supplier, fabricator, manufacturer, processor, etc.)
certifies that his or her step in the process was domestically performed.
Federal Regulations
a. 23 CFR 635.410 – All iron and steel products must be of domestic origin. Waivers may be approved by
FHWA.
b. 23 CFR 636.119 Design-build – TxDOT must ensure compliance with Buy America regardless of the
form of FHWA funding.
State Regulations
a. Transportation Code 223.045 – A contract awarded by TxDOT on the state highway system without
federal aid must contain the same preference provisions for steel and steel products that are required under
federal law for a federally funded project. There is no specific requirement for other entities to follow this
statute.
Required Practices
a. Projects with federal funds comply with the Buy America statute.
b. Concessionaire projects administered by TxDOT must comply with TTC 223.045. TxDOT executing an
agreement with a concessionaire is considered the same as TxDOT awarding a contract.
LG Responsibilities
a. If there is federal funds the LG must prepare any requests for waivers and submit the request through
TxDOT to FHWA for approval prior to advertisement for receipt of bids.
b. If there are federal funds or project is awarded by TxDOT, the LG must include contract provisions that
address Buy America.
c. If there are no federal or state funds and the project is not awarded by TxDOT, the LG does not have to
comply with these provisions.
TxDOT District Responsibilities
a. The District must assure that Buy America provisions are included in all procurement documents for
federally funded projects and that the provisions of Transportation Code 223.045 are included in
concessionaire projects administered by TxDOT.
CERTIFICATE OF INSURANCE
TO:
CITY OF FORT WORTH
Date:
NAME OF PROJECT:
PROJECT NUMBER:
IS TO CERTIFY THAT :
is, at the date of this certificate, Insured by this Company with respect to the business operations hereinafter described, for
the type of insurance and accordance with provisions of the standard policies used by this Company, and further
hereinafter described. Exceptions to standard policy noted on reverse side hereof.
Policy
TYPE OF INSURANCE
Effective
Expires
Worker’s Compensation
Comprehensive General
Liability Insurance (Public
Liability)
Limits of Liability
Bodily Injury:
Ea. Occurrence: $
Property Damage:
Ea. Occurrence: $
Ea. Occurrence: $
Blasting
Collapse of Building or
structures adjacent to
excavations
Damage to Underground
Utilities
Builder’s Risk
Comprehensive
Automobile Liability
Ea. Occurrence: $
Ea. Occurrence: $
Bodily Injury:
Ea. Person:
$
Ea. Occurrence: $
Property Damage
Ea. Occurrence: $
Bodily Injury:
Ea. Occurrence: $
Property Damage:
Ea. Occurrence: $
Contractual Liability
Other
Locations covered:
Description of operations covered:
The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or
canceled by the insurer in less than five (5) days after the insured has received written notice of such change/or
cancellation.
Where applicable local laws or regulations require more than five (5) days actual notice of change or cancellation to be
assured, the above policies contain such special requirements, either in the body thereof or by appropriate endorsement
thereto attached.
The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor’s insurance policies
excepting employer’s liability insurance coverage under Contractor’s workers’ compensation insurance policy.
Agency
Fort Worth Agent_
Address
Insurance Co.
By
Title
CONTRACTOR COMPLIANCE WITH
WORKERS' COMPENSATION LAW
Pursuant to V.T.C.A. Labor Code §406.96 (2000), as amended, Contractor certifies that
it provides workers' compensation insurance coverage for all of its employees employed
.
on City of Fort Worth Project No.
CONTRACTOR
By:
Name:
Title:
Date:
STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
Before me, the undersigned authority, on this day personally appeared
___________________, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same as the act
and deed of
for the purposes and
consideration therein expressed and in the capacity therein stated.
Given Under My Hand and Seal of Office this ____ day of __________, 20
Notary Public in and for the State of
Texas
Rev 4-15-10
.
FORM
CONFLICT OF INTEREST QUESTIONNAIRE
CIQ
For vendor or other person doing business with local governmental entity
This questionnaire is being filed in accordance with chapter 176 of the Local
Government Code by a person doing business with the governmental entity.
OFFICE USE ONLY
Date Received
By law this questionnaire must be filed with the records administrator of the
local government not later than the 7th business day after the date the person
becomes aware of facts that require the statement to be filed. See Section
176.006, Local Government Code.
A person commits an offense if the person violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
1
Name of person doing business with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than
September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and
not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
4
Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes
recommendations to a local government officer of the local governmental entity with respect to expenditure of money.
Describe each affiliation or business relationship with a person who is a local government officer and who appoints or
employs a local government officer of the local governmental entity that is the subject of this questionnaire.
Amended 01/13/2006
FORM
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
5
CIQ
Page 2
Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the
answer to A, B, or C is YES.)
This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or
business relationship. Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the
questionnaire?
Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government
officer named in this section AND the taxable income is not from the local governmental entity?
Yes
No
C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves
as an officer or director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each affiliation or business relationship.
6
Describe any other affiliation or business relationship that might cause a conflict of interest.
7
Signature of person doing business with the governmental entity
Date
Amended 01/13/2006
DISCLOSURE OF LOBBYING ACTIVITIES
Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
0348-0046
(See reverse for public burden disclosure.)
1. Type of Federal Action:
2. Status of Federal Action:
3. Report Type:
a. contract
a. bid/offer/application
a. initial filing
b. grant
b. initial award
b. material change
c. cooperative agreement
c. post-award
For Material Change Only:
d. loan
year _________ quarter _________
e. loan guarantee
date of last report ______________
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name
Subawardee
and Address of Prime:
Prime
Tier ______, if known :
Congressional District, if known : 4c
6. Federal Department/Agency:
Congressional District, if known :
7. Federal Program Name/Description:
CFDA Number, if applicable : _____________
8. Federal Action Number, if known :
9. Award Amount, if known :
$
10. a. Name and Address of Lobbying Registrant
( if individual, last name, first name, MI ):
b. Individuals Performing Services (including address if
different from No. 10a )
( last name, first name, MI ):
requested through this form is authorized by title 31 U.S.C. section
11. Information
1352. This disclosure of lobbying activities is a material representation of fact
Signature:
upon which reliance was placed by the tier above when this transaction was made
or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
information will be available for public inspection. Any person who fails to file the
required disclosure shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
Print Name:
Title:
Telephone No.: _______________________ Date:
Federal Use Only:
PRINT
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal
action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of
Congress, or an employeeof a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material
change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter
the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriateclassification
of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee,e.g., the first subawardee
of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal
recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationallevel below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number;
Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and
Middle Initial (MI).
11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control
Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is
estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington,
DC 20503.
NON-COLLUSION AFFIDAVIT
STATE OF
________________
COUNTY OF ________________
I, _____________________________________________________________, of the City
of _________________________________, County of __________________ and State of
__________________________, being of full age and duly sworn according to law on my oath
depose and say:
That I am ___________________________________________________(Title) of
_____________________________________________________________, the Bidder making
the Bid submitted to the City of Fort Worth, on the _______ day of _______________, 20___, for
Contract No. _______ in connection with the Hemphill West Quiet Zones project; that I executed
the said Bid with full authority to do so;
The said Bidder has not, directly or indirectly, entered into any combination or arrangement
with any person, firm or corporation or entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free, competitive bidding or which would increase the cost
of construction or maintenance in connection with the said Contract; that no person or selling
agency has been employed or retained to solicit or secure the said Contract upon an agreement or
understanding for a commission, percentage, brokerage or contingent fee, except bona fide full-time
employees;
And that said Bidder is or has been a member of the following highway contractors'
association during the preceding twelve months:
Name of Association
Location of Principal Office
_______________________________
___________________________________
_______________________________
___________________________________
_______________________________
___________________________________
NC-1
I further warrant that all statements contained in said Bid and in this Affidavit are true and
correct and made with full knowledge that the said Authority relies upon the truth of the statements
contained in said Bid and in this Affidavit in awarding the said Contract.
Sworn to and subscribed
before me this_________
day of _______________,
20___.
By:_____________________________
Person Signing Bid
Print Name:____________________________
Title:____________________________
_______________________
Notary Public
My commission expires:
NC-2
MAINTENANCE BOND
THE STATE OF TEXAS
§
§
§
COUNTY OF TARRANT
KNOW ALL BY THESE PRESENTS:
That
(“Contractor”),
as
principal, and, _______________________________ a corporation organized under the laws of the
State of
, (“Surety”), do hereby acknowledge themselves to be held and bound to
pay unto the City of Fort Worth, a Municipal Corporation chartered by virtue of Constitution and laws
of the State of Texas, (“City”) in Tarrant County, Texas, the sum of
Dollars
($
), lawful money of the United States, for payment of which sum well and
truly be made unto said City and its successors, said Contractor and Surety do hereby bind
themselves, their heirs, executors, administrators, assigns and successors, jointly and severally.
This obligation is conditioned, however, that:
WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort
Worth, dated the
of
, 20
, a copy of which is hereto attached and made a
part hereof, for the performance of the following described public improvements:
___,
the same being referred to herein and in said contract as the Work and being designated as project
number(s)
and said contract, including all of the specifications,
conditions, addenda, change orders and written instruments referred to therein as Contract Documents
being incorporated herein and being made a part hereof; and,
WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct
the work that it will remain in good repair and condition for and during a period of after the date of the
final acceptance of the work by the City; and
WHEREAS, said Contractor binds itself to maintain said work in good repair and
condition for said term of Two (2) years; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in
part at any time within said period, if in the opinion of the Director of the City of Fort Worth
Department of ____________, it be necessary; and,
WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided.
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to
maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect. Otherwise, this
Bond shall be and remain in full force and effect, and the City shall have and recover from
Contractor and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon
for successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrument is executed in
counterparts, each of
which shall be deemed an original, this ___ day of ___________________, A.D. 20_____.
ATTEST:
(S E A L)
Contractor
By:
Secretary
Name:
Title:
ATTEST:
(S E A L)
Surety
By:
Secretary
Name:
Title:
Address
CITY OF FORT WORTH, TEXAS
CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
This Contract made and entered into this the
day of
,
20 , by and between the City of Fort Worth, a home-rule municipal corporation situated in
Tarrant, Denton, Parker, and Wise Counties, Texas, by and through its duly authorized Assistant
, (“Contractor”). Owner and
City Manager, (“Owner”), and
Contractor may be referred to herein individually as a “Party” or collectively as the “Parties.”
WITNESSETH:
That said Parties have agreed as follows:
1.
That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing
even date herewith, the said Contractor hereby agrees with the said Owner to commence and
complete the construction of certain improvements described as follows:
FOR: Hemphill West Quiet Zone (City Project No. 00260)
That the work herein contemplated shall consist of the Contractor furnishing as an
independent contractor all labor, tools, appliances and materials, necessary for the construction
and completion of said project in accordance with the Plans and Specifications and Contract
Documents prepared by or on behalf of the City of Fort Worth for the Transportation and Public
Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of
this Contract the same as if written herein.
3.
The Contractor hereby agrees and binds itself to commence the construction of said work
within ten (10) days after being notified in writing to do so by the Transportation and Public Works
Department of the City of Fort Worth.
4.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the
commencement thereof and to fully complete and finish the same ready for the inspection and
approval of the Transportation and Public Works Department of the City of Fort Worth and City
Council of the City of Fort Worth within a period of 61 Working days.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and
Contract Documents within the time so stipulated, plus any additional time allowed as provided in
the General Conditions, there shall be deducted from any monies due or which may thereafter
6/17/09
C-1
become due him, the sum of $
per working day, not as a penalty but as
liquidated damages, the Contractor and its Surety shall be liable to the Owner for such deficiency.
5.
Should the Contractor fail to begin the work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent and terms
of said Plans, Specifications and Contract Documents, then the Owner shall have the right to
either demand the Surety to take over the work and complete same in accordance with the
Contract Documents or to take charge of and complete the work in such manner as it may deem
proper, and if in the completion thereof, the cost to the Owner shall exceed the contract price or
prices set forth in the Plans and Specifications made a part hereof, the Contractor and/or its
Surety shall pay Owner on demand in writing, setting forth and specifying an itemized statement
of the total cost thereof, said excess cost.
6.
Contractor covenants and agrees to indemnify the Owner, Owner’s Engineer and
Architect, and their personnel at the project site for Contractor’s sole negligence. In addition,
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense,
the Owner, its officers, servants and employees, from and against any and all claims or suits for
property loss, property damage, personal injury, including death, arising out of, or alleged to arise
out of, the work and services to be performed hereunder by Contractor, its officers, agents,
employees, subcontractors, licensees or invitees, whether or not any such injury, damage or
death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its
officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and
hold harmless the Owner from and against any and all injuries to Owner’s officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not any such injury
or damage is caused in whole or in part by the negligence or alleged negligence of Owner,
its officers, servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor either (a)
submits to Owner satisfactory evidence that the claim has been settled and/or a release from the
claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier
that the claim has been referred to the insurance carrier.
The Director may, if deemed appropriate, refuse to accept bids on other City of Fort
Worth public work from a Contractor against whom a claim for damages is outstanding as a result
of work performed under a City of Fort Worth contract.
6/17/09
C-2
7.
The Contractor agrees, upon the execution of this Contract, and before beginning work,
to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of
Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein
provided and the surety must first be acceptable to the City of Fort Worth. All bonds furnished
hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as
amended.
A.
If the total contract price is $25,000 or less, payment to the contractor shall be
made in one lump sum. Payment shall not be made for a period of 45 calendar days from the
date the work has been completed and accepted by the Owner.
B.
If the contract amount is in excess of $25,000, a Payment Bond shall be
executed, in the amount of the Contract, solely for the protection of all claimants supplying labor
and material in the prosecution of the work.
C.
If the Contract amount is in excess of $100,000, a Performance Bond shall be
executed, in the amount of the Contract conditioned on the faithful performance of the work in
accordance with the Plans, Specifications, and Contract Documents. Said bond shall solely be
for the protection of the Owner.
D.
A Two-year Maintenance Bond in the name of the Owner is required for all
projects to insure the prompt, full and faithful performance of the general guarantee contained in
the Contract Documents.
8.
The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of
the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the
Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment
will be made in monthly installments upon actual work completed by Contractor and accepted by
the Owner and receipt of invoice from the Contractor. The agreed upon total Contract amount
, shall
(including/excluding) alternates
be
Dollars, ($
).
9.
It is further agreed that the performance of this Contract, whether in whole or in part, shall
not be sublet or assigned to anyone else by said Contractor without the written consent of the
Owner. Any request for any sublease or assignment shall be made in writing and submitted to
the Director of the Transportation and Public Works Department.
10.
The Contractor agrees to pay at least the minimum wage per hour for all labor as the
same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is
attached hereto and made a part hereof the same as if it were copied verbatim herein.
11.
It is mutually agreed and understood that this Contract is made and entered into by the
Parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth
and the laws of the State of Texas with references to and governing all matters affecting this
Contract, and the Contractor agrees to fully comply with all the provisions of the same.
6/17/09
C-3
IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with
the corporate seal of the City of Fort Worth attached. The Contractor has executed this
counterparts with its
instrument through its duly authorized officers in
corporate seal attached.
Done in Fort Worth, Texas, this the
day of
APPROVAL RECOMMENDED:
_____________________________________
DIRECTOR, TRANSPORTATION AND
PUBLIC WORKS DEPARTMENT
, A.D., 20__
CITY OF FORT WORTH
BY:___________________________________
ASSISTANT CITY MANAGER
ATTEST:
_______________________________
CONTRACTOR
____________________________________
CITY SECRETARY
(SEAL)
BY: ____________________________
_______________________________
TITLE
APPROVED AS TO FORM AND LEGALITY:
________________________________
ADDRESS
____________________________________
ASSISTANT CITY ATTORNEY
6/17/09
C-4
BNSF Railway Company
MAJOR INSURANCE REQUIREMENTS
For Completion of:
Industrial Track Agreement (ITA)
Lease of Land for Construction / Rehabilitation of Track (CL)
Contractor’s Right of Entry Agreement (CROE)
Industry Track Lease Agreement (TL)
Industrial Track Agreement (ITA)
ITA required as a prerequisite to BNSF service on a privately owned spur track. Agreement outlines
ownership, operation and maintenance responsibilities of parties relative to a private spur track. Other
agreements may be required depending on the specific circumstances.
1) Commercial General Liability Insurance - $1MM per occurrence & $2MM aggregate – Section 5a
2) 50’ Endorsement - Insurance covers incidents within 50 feet of railroad property – Section 5a
3) Workers Compensation - $500,000 each accident – Section 5b
4) Insurance Company must have a Best’s Guide Rating of A- and Class VII or better – Section 5
5) Certificate of Insurance shall be furnished to BNSF which outlines above – Section 5
Lease of Land for Construction / Rehabilitation of Track (CL)
Required in conjunction with an Industry Track Agreement and in all situations where Industry will own,
maintain or rehabilitate track located on BNSF property, even if there is a corresponding land lease or
track lease.
Basic Requirements:
1)
Commercial General Liability Insurance (GL) - $1MM per occurrence & $2MM aggregate – Section 12a
2)
3)
4)
5)
50’ Endorsement - Insurance covers incidents within 50 feet of railroad property – Section 12a
Workers Compensation - $500,000 each accident – Section 12b
Insurance Company must have a Best’s Guide Rating of A- and Class VII or better – Section 12
Certificate of Insurance shall be furnished to BNSF which outlines above – Section 12
Construction Requirements
(A) Industry performing construction
(B) Industry hiring contractor to perform construction
(A) Construction Requirements: Industry Performing Construction (Exhibit C applies)
1)
3) The employee and workers compensation related exclusions shall not apply to Railroad employees
– Section 1a
4) Business Automobile Insurance - $1MM per occurrence – Section 1b
5) Workers Compensation - $500,000 each accident – Section 1c
6) Railroad Protective Liability Ins. (RPLI) - $5MM per occurrence & $10MM aggregate – Section 1d****
7) Waiver of Subrogation in favor of BNSF Railway – Section 2
8) BNSF Railway and Staubach Global Services must be added as an Additional Insured – Section 2
9) Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory.
(B) Construction Requirements: Industry Hiring Contractor to Perform Construction
If Industry hires a contractor to perform construction, Industry must comply with the Basic Requirements:
1)
2)
3)
4)
5)
50’ Endorsement - Insurance covers incidents within 50 feet of railroad property – Section 12a
Workers Compensation - $500,000 each accident – Section 12b
Insurance Company must have a Best’s Guide Rating of A- and Class VII or better – Section 12
Certificate of Insurance shall be furnished to BNSF which outlines above – Section 12
Contractor must comply with requirements for Contractor’s Right of Entry.
Contractor’s Right of Entry Agreement (CROE)
CROE required if a private contractor is engaged to construct or rehabilitate any track that is located on
BNSF property.
1)
3) The employee and workers compensation related exclusions shall not apply to Railroad employees
– Section 4a
5) Workers Compensation - $500,000 each accident – Section 4c
6) Railroad Protective Liability Ins. (RPLI) - $5MM per occurrence & $10MM aggregate – Section 4d****
7) Waiver of Subrogation in favor of BNSF Railway – Section 4
8) BNSF Railway and Staubach Global Services must be added as an Additional Insured – Section 4
9) Any coverage afforded to the additional insured, BNSF Railway, is primary and non-contributory.
****Industry, or its contractor, has the opportunity to elect to participate in BNSF’s blanket RPLI
coverage.
Industry Track Lease Agreement (TL)
Track Lease is required prior to customer receiving service on a BNSF owned track. Agreement outlines
operation and maintenance of track. A separate Land Lease will be required if the commodity loaded or
unloaded is environmentally sensitive or if customer utilizes BNSF property for storage, parking or
improvements.
1) Commercial General Liability Insurance – Section 14a
§ Industry Track Lease (Form 302): $2MM per occurrence, $4MM aggregate
§ Track Lease for Switching of Cars (Form 304): $5MM per occurrence, $10MM aggregate
2) The employee and workers compensation related exclusions shall not apply to railroad employees –
Section 14a
3) 50’ Endorsement - Insurance covers incidents within fifty (50) feet of railroad property – Section 14a
5) Worker’s Compensation Insurance - $500,000 each – Section 14c
6) Property Liability - Names BNSF Railway Co. as loss payee as per endorsement – Section 14d
7) Waiver of Subrogation in favor of BNSF Railway Co. – Section 14
8) BNSF Railway Co. and Staubach Global Services - RR, Inc. must be added as additional insured –
Section 14
Industry Track Lease Agreement (TL) continued
9) Any coverage afforded to the additional insured, BNSF Railway Co., is primary and non-contributory –
Section 14
Multiple Agreements
Please note that in many circumstances more than one agreement may be required to cover all
aspects of your project. Early identification of all uses that will require an agreement will help
reduce the total amount of time involved in finalizing all agreements.
e.g., Track construction projects require both an Industry Track Agreement and a Lease of Land
for Track Construction and Rehabilitation. If a private contractor will be hired to perform the track
construction, then they will be required to execute a Contractor’s Right of Entry Permit and
provide insurance.
e.g., If any BNSF track and/or property is to be utilized, a corresponding Track Lease and/or Land
Lease will be required. If utilities lines to serve the facility will cross BNSF owned track, then
each such installation will require a separate permit to cover the specific utility involved. If the
location involves the crossing of BNSF tracks, then a Private Crossing Agreement will be
required.
NOTE: BNSF Railway Company will not execute any Track Agreements until all insurance
documents have been received and approved.
•
Please provide this document and all agreement copies to your Risk Management
Department, Insurance Agent or Insurance Underwriter, as soon as possible.
•
For questions regarding BNSF Railway’s insurance requirements please contact a member of
the BNSF Risk Management department: Jamie Johnson (817-352-3485), Vickie Barnett
(817-352-2414) or Kevin Burrin (817-352-3477).

EXHIBIT B

Transcription

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