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Contract 26456
CITY SECRETARY IGc D.O.E. FILE WOO CONTRACT DOCUMENTS CQ AND / I D D ' �CTo rvoinrG R'S BQ SPECIFICATIONS � CONST'RUCnpN,S COPY FOR (JL CLIENT DEPARTMENT 2000 CITY SECRETAY MAIN 21 DRAINAGE ARErAONTRACT NO �P�JrCQ SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 7, CONTRACT 3), PART 8 PROJECT NO. PS46-070460410310 UNIT 2—D.O.E. PROJECT NO. 2910 UNIT 3—D.O.E. PROJECT NO. 2955 a CITY OF FORT WORTH, TEXAS KENNETH BARR BOB TERRELL MAYOR CITY MANAGER DALE A. FISSELER, P.E. DIRECTOR, WATER DEPARTMENT HUGO A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, RE, DIRECTOR, DEPARTMENT OF ENGINE OFFICIA PFC- 1M PREPARED BY c N f�l F C P mQd', 0 E & ASSOCIATES, INC. FORT WORTH, TEXAS o EaIc eaooKS 2000 i...... 67697 �P�ao�•`°'his � ;' OQ SS• ... • ;�� so City of Fort Worth, Texas 4valjor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/14/00 **C-18349 1 30CROMWELL 1 of 3 SUBJECT AWARD OF CONTRACT TO WHIZCON UTILITIES, INC. FOR MAIN 21 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS GROUP 7, CONTRACT 3 PART 8, UNITS 2 AND 3 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Whizcon Utilities, Inc. in the amount of $582,840.00 for Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 3) Part 8, Units 2 and 3. DISCUSSION: On August 12, 1997 (M&C C-16217), the City Council authorized the City Manager to execute an engineering agreement with Wade & Associates, Inc. to prepare plans and specifications for the reduction of inflow/infiltration in the sanitary Main 21 drainage area. The project is part of the City's Integrated Wet Weather Wastewater Management Program to comply with an administrative order from the U.S. Environmental •Protection Agency to eliminate sewer overflows from the City's wastewater collection system. The Unit 2 project consists primarily of the replacement of the following sanitary sewer laterals: • L-790 Beginning from the Cromwell Street/South access road of U.S. Highway 287 southerly 950 feet; and • L-797B Beginning from a point located 350 feet west of the Riverside Drive /Leuda Street intersection northerly 350 feet; and • L-5623 Beginning from a point located 200 feet north of the Belzise Terrace/Avenue C intersection, westerly 600 feet. The project was advertised for bid on September 7 and September 14, 2000. On October 5, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Whizcon Utilities, Inc. $234,370.00 120 Calendar Days Stocker Enterprises, Inc. $239,781.00 William J. Schultz, Inc. d/b/a Circle "C" Construction Company $255,382.00 1 , A. Development, Inc. $282,739.00 J:D. Vickers, Inc. $292,643.40 Southern Paradise Construction, Inc. $294,119.00 Mid-State Utilities, Inc. $303,176.00 Burleson Utilities, Inc. $312,383.00 list continued on next page) City of Fort Worth, Texas 4voluor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/14/00 **C-18349 30CROMWELL 2 of 3 SUBJECT AWARD OF CONTRACT TO WHIZCON UTILITIES, INC. FOR MAIN 21 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS GROUP 7, CONTRACT 3 PART 8, UNITS 2 AND 3 Rhino Utility Construction, Inc. $316,560.00 Texas-Sterling Construction, Inc. $514,250.00 The Unit 3 project consists primarily of the replacement of the following sanitary sewer laterals: • L-171 Located in the alley between Cannon Street and Leuda Street from Illinois Street easterly 1,400 feet; and • L-774 Beginning from a point located 180 feet south and 300 feet west of the Rosedale Street/Argyle Drive intersection, northeasterly 450 feet, then easterly 150 feet; and • L-776 Beginning from a point located 180 feet south and 80 feet east of the Rosedale Street/Argyle Drive intersection, westerly 350 feet; and I i • L-793 Beginning from the Magnolia Avenue/Kuroki Lane, intersection, easterly along Magnolia Avenue to Deming Street then northeasterly 350 feet along Argyle Drive. This project was advertised for bid on September 7 and 14, 2000. On October 15, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Whizcon Utilities, Inc. $ 348,470.00 140 Calendar Days Stocker Enterprises, Inc. $ 349,289.00 William J. Schultz, Inc. d/b/a Circle "C Construction Company $ 362,294.50 R. A. Development, Inc. $ 386,104.00 Southern Paradise Construction, Inc. $ 422,506.00 Cleburne Utility Construction, Inc. $ 456,649.50 Mid-State Utilities, Inc. $ 477,820.00 Burleson Utilities, Inc. $ 470,003.75 Texas-Sterling Construction, Inc. $ 694,059.00 Rhino Utility Construction, Inc. $3,491,165.00 The proposed improvements consist of the replacement of 6,800 linear feet of 8-inch diameter sewer pipe. 1 The project is located in COUNCIL DISTRICT 8, Mapsco 77G, H, M and L. i City of Fort Worth, Texas "611jor and coun"'I Communication DATE REFERENCE NUMBER LOG NAME PAGE 11/14/00 **C-18349 30CROMWELL 3 of 3 SUBJECT AWARD OF CONTRACT TO WHIZCON UTILITIES, INC. FOR MAIN 21 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS GROUP 7, CONTRACT 3 PART 8, UNITS 2 AND 3 Since Whizcon Utilities, Inc. is the low bidder of both units, construction of both units will begin simultaneously and the contractor shall be allowed a total of 140 calendar days to complete construction of both units as stipulated in the project contract documents. In addition to the contract cost, $42,000 (Unit 2: $17,000 and Unit 3: $25,000) is required for inspection and survey and $30,000 (Unit 2: $12,000 and Unit 3: $18,000) is required for project contingencies. Whizcon Utilities, Inc. is in compliance with the City's M/WBE Ordinance by committing to 19% M/WBE participation on Unit 2 and 19% M/WBE participation on Unit 3. The City's goal on this project is 19% for Unit 2 and 19% for Unit 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current budget, as appropriated, of the State Revolving Fund-Sewer. MG:j Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED(� Originating Department Head: CITY COUNCIL A.Douglas Rademaker 6157 (from) Noy 14 M PE42 541200 070420418360 $234,370.00 Additional Information Contact: PE42 541200 070420418370 $348,470.00 � ....�i city 5ecretuT of the A.Douglas Rademaker 6157 city of Fort WortkTaxas Sep-28-00 12 : 54P Wade & Associates , Inc . 817 335 1729 P . 02 ADDENDUM NO. 1 TO THE PLANS,SPECIFICATIONS AND CONTRACT DOCUMENTS CITY OF FORT WORTH PROJECT MAIN 21 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 7, CONTRACT 3), PART 8, UNITS 1, 2, & 3 SEWER PROJECT NO, PS46-070460410310 D.O.E. PROJECT NOS. 2081, 2910, &2955, Respectively Prospective bidders are hereby notified of the following changes to the Project Construction Documents: 1. In Part B Proposal Section for Main 21, Part 8, Unit 3, Bid Item 51s changed to read: 128 L,F. Sanitary Sewer Railroad Crossing By Other Than Open Cut including 8-Inch CL 51 DI Carrier Pipe and 16-Inch Steel Casing Pipe complete in place. Please reflect this change and initial it in the existing contract documents (bid book). 2. In Part D—Special Conditions D-87 PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION Is changed to read. Prior to beginning construction on any block in the project, the contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project(i.e. type of construction activity), actual construction duration within the block, the name of the contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the 'pre-construction notification' flyer is attached. The contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 871-8306. All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. See attached notification form. 3. In Part F— Bonds & Insurance,the Payment Bond has been revised. See attached Revised Payment Bond. 4. In Part H Plans (Details) & Figures, Figure 1 B has been added. See attached Figure 1B. This addendum forms a part of the Contract Documents and modifies the original Notice to Bidders. A signed copy of this addendum shall be attached to the proposal at the time of bid submittal. Bidders shall also acknowledge receipt of the Addendum in the space provided in the Bid Form. Failure to acknowledge receipt of the Addendum may subject bidder to disqualification. SCHEDULED BID DATE: October 5, 2000 DATE ADDENDUM ISSUED: September 28, 2000 RECEIPT ACKNOWLEDGED: DEPARTMENT OF ENGINEERING h!G By: — TQ A_� S " Ci q_ 2 fes, o� Rick Trice, P.E. Manager, Consultant Services Page I r ® 2 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2000 MAIN 21 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 7, CONTRACT 3), PART 8 PROJECT NO. PS46-070460410310 UNIT 1 -D.O.E. PROJECT NO. 2081 UNIT 2 - D.O.E. PROJECT NO. 2910 UNIT 3 - D.O.E. PROJECT NO. 2955 CITY OF FORT WORTH, TEXAS KENNETH BARR BOB TERRELL MAYOR CITY MANAGER DALE A. FISSELER, P.E. DIRECTOR, WATER DEPARTMENT HUGO A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, RE, DIRECTOR, DEPARTMENT OF ENGINEERING PREPARED BY 1flfloE & ASSOCIATES, INC. FORT WORTH, TEXAS 2000 TABLE OF CONTENTS PART A Notice to Bidders Detailed Notice to Bidders Special Instructions to Bidders PART B City of Fort Worth Minority/Women Business Enterprise Specifications z Proposal PART C General Conditions Supplementary Conditions PART D Special Conditions Additional Special Conditions State Revolving Fund (SRF) Requirements PART E Specifications Easements Permits PART F Certificate of Insurance Contractor Compliance with Worker's Compensation Law Bonds a. Payment Bond b. Performance Bond C. Maintenance Bond PART G Contract PART H Plans (Details) Figures I" IMF PM op rp imp PART A - NOTICE TO BIDDERS DETAILED NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS OW f- NOTICE TO BIDDERS Sealed Proposals for the following: Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 3), Part 8 Project No. PS46-070460410310 UNIT 1 —D.O.E. Project No. 2081 UNIT 2 -D.O.E. Project No. 2910 UNIT 3 -D.O.E. Project No. 2955 Including: UNIT 1: 744 L.F. 8-Inch PVC 149 L.F. 8-Inch CL 51 DIP 94 L.F. 8-Inch By Short Bore 40 L.F. 8-Inch CL 51 DIP By Other Than Open Cut 1,894 L.F. 10-Inch PVC 81 L.F. 10-Inch CL 51 DIP 85 L.F. 10-Inch By Short Bore 110 L.F. 12-Inch PVC 95 L.F. 12-Inch CL 51 DIP 20 L.F. 12-Inch By Short Bore 90 L.F. 12-Inch CL 51 DIP By Other Than Open Cut 565 L.F. 18-Inch PVC 219 L.F. 18-Inch CL 51 DIP 160 L.F. 18-Inch CL 51 DIP By Other Than Open Cut 188 L.F. 20-Inch CL 51 DIP 607 L.F. 20-Inch CL 51 DIP By Other Than Open Cut 30 L.F. 20-Inch By Short Bore 391 L.F. 21-Inch PVC 20 L.F. 21-Inch By Short Bore 15 Four Foot Dia. Manholes & 5 Five Foot Dia. Manholes 1 Junction Box 35 Service Reconnects. UNIT 2: 2,350 L.F. 8-Inch PVC 70 L.F. 8-Inch CL 51 DIP 120 L.F. 8-Inch By Short Bore 154 L.F. 8"CL 51 DIP By Other Than Open Cut 100 L.F. 8-Inch to 8-Inch HDPE I.D. By Pipe Enlargement 21 Manholes 48 Service Reconnects. UNIT 3: 2,360 L.F. 8-Inch PVC 1,236 8-Inch C900(DR 18) PVC 170 L.F. 8-Inch By Short Bore 50 L.F. 8-Inch By Other Than Open Cut 128 L.F. 8-Inch CL 51 DIP in 16-Inch Steel Casing Pipe By Other Than Open Cut(Railroad Crossing) 10 L.F. 10-Inch PVC 16 Manholes 110 Service Reconnects. Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., October 5, 2000 and then publicly opened and read aloud at 2:00 p.m. Drawings, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. A fifty dollar($50.00)refundable deposit is required for the first set of documents and additional sets may be purchased for a non-refundable basis for fifty dollars ($50.00). These documents contain additional information for prospective bidders. A pre-bid conference will not be held. For additional information, contact Chris E. Brooks, P.E., at the offices of Wade & Associates, Inc., (817)451-2820 or John Boyer, D.O.E. Project Manager at the City of Fort Worth, (817) 332-5474 ext. 25. Advertising Dates: September 7,2000 September 14, 2000 Fort Worth,Texas t DETAILED NOTICE TO BIDDERS Sealed Proposals for the following: Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7,Contract 3), Part 8 Project No. PS46-070460410310 UNIT 1 -D.O.E. Project No. 2081 } UNIT 2-D.O.E. Project No. 2910 UNIT 3 -D.O.E. Project No. 2955 R Including: UNIT 1: The construction of 744 L.F. 8-Inch PVC Sanitary Sewer, 149 L.F. 8-Inch CL 51 DI Sanitary Sewer, 94 L.F. 8-Inch Sanitary Sewer By Short Bore, 40 L.F. 8-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut, 1,894 L.F. 10-Inch PVC Sanitary Sewer, 81 L.F. 10-Inch CL 51 DI Sanitary Sewer, 85 L.F. 10-Inch Sanitary Sewer By Short Bore, 110 L.F. 12-Inch PVC Sanitary Sewer, 95 L.F. 12-Inch CL 51 DI Sanitary Sewer, 20 L.F. 12- Inch Sanitary Sewer By Short Bore, 90 L.F. 12-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut, 565 L.F. 18-Inch PVC Sanitary Sewer, 219 L.F. 18-Inch CL 51 DI Sanitary Sewer, 160 L.F. 18-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut, 188 L.F. 20-Inch CL 51 DI Sanitary Sewer, 607 L.F. 20-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut, 30 L.F. 20-Inch Sanitary Sewer By Short Bore, 391 L.F. 21-Inch PVC Sanitary Sewer, 20 L.F. 21-Inch Sanitary Sewer By Short Bore, 15 Four-Foot Diameter Manholes, 5 Five-Foot Diameter Manholes, 1 Junction Box and 35 Service Reconnects. UNIT 2: The construction of 2,350 L.F. 8-Inch PVC Sanitary Sewer, 70 L.F. 8-Inch CL 51 DI Sanitary Sewer, 120 L.F. 8-Inch Sanitary Sewer By Short Bore, 154 L.F. 8" CL 51 DI Sanitary Sewer By Other Than Open Cut, 100 L.F. 8-Inch to 8-Inch HDPE I.D. Sanitary Sewer By Pipe Enlargement, 21 Manholes, and 48 Service Reconnects. UNIT 3: The construction of 2,360 L.F. 8-Inch PVC Sanitary Sewer, 1,236 8-Inch C900 (DR18) PVC Sanitary Sewer, 170 L.F. 8-Inch Sanitary Sewer By Short Bore, 50 L.F. 8-Inch Sanitary Sewer By Other Than Open Cut, 128 L.F. Sanitary Sewer Railroad Crossing By Other Than Open Cut including 8- Inch CL 51 DI Carrier Pipe and 16-Inch CL 51 DI Casing Pipe complete in place, 10 L.F. 10-Inch PVC Sanitary Sewer, 16 Manholes, and 110 Service Reconnects. Included in the above will be all other items of construction as outlined in the Drawings and Specifications. Addressed to Mr. Bob Terrell,City Manager of the City of Fort Worth,Texas, will be received at the Purchasing Office until 1:30 p.m.,October 5,2000 and then publicly opened and read aloud at 2:00 p.m.. Drawings, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas. A fifty dollar($50.00)refundable deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50.00). These documents contain additional information for prospective bidders. All bidders will be required to comply with provision 5159 of "Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278,as amended by City Ordinance No. 7400(Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. A pre-bid conference will not be held. AWARD OF CONTRACT: 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 sixty(60)days from the date bids are opened. The award of the contract, if made, will be within sixty(60)days after the opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. SUBMISSION OF BIDS: This document is designed as three(3) separate contract documents and shall not be construed as being a single contract. The proposal sections are provided as three (3) individual proposals with three(3) individual M/WBE specifications and are arranged in units to allow prospective bidders to submit bids on one unit,any or all units. Award of contract(s), if made, shall be to the responsive low bidder for each individual unit. If a contractor is the responsive low bidder on two or more units,then a set of contract documents consisting of all applicable units will be created and one single award of contract shall be made. The Contractor shall comply with the City's M/WBE Ordinance on each unit. Construction time on all will run concurrently. For situations involving approved contracts with multiple units,the total allowable construction time period for all the units shall be the same as the unit with the longest construction time period within such contracts. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817)871-8100. Bidders shall not separate,detach or remove any portion,segment or sheets from the contract document at any time. Bidders shall submit the complete specifications book or risk rejection of bid. In accordance with City of Fort Worth Ordinance,No. 13471,as amended by Ordinance No. 13781,the City of Fort Worth has goals for the participation of Disadvantaged Enterprise in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation")as appropriate. The Documentation must be received by the contracting department no later than 5:00 PM,five(5) business days after bid opening date.The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was made. Such receipt shall be evidence that the Documentation was received by the City. The Contracting Department for this project is the Engineering Department. Any contract or contracts awarded under this Notice to Bidders are expected to be funded in part by a loan from the Texas Water Development Board. This contract is contingent upon release of funds from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies, or employees is or will be a party to this Detailed Notice to Bidders or any resulting contract. For additional information contact Chris E. Brooks,Wade &Associates,Inc., at (817)451-2820, or Mr. John Boyer, DOE Project Manager, at(817) 332-5474 ext. 25. Bob Terrell Gloria Pearson City Manager City Secretary Advertisement Dates: Department of Engineering September 7, 2000 A. Douglas Rademaker, P.E., Director September 14, 2000 , / Rick Trice, P.E., Manager Consultant Services Division Fort Worth, Texas SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. PRE-QUALIFICATION REQUIREMENT: All contractors submitting bids are required to be pre- qualified by the Fort Worth Water prior to submitting bids. This pre-qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current Financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. (a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. (b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which the bids are to be received. (c) The Director of the Water Department shall be the sole judge as to the acceptability for qualification to bid on any Fort Worth Water Department project. (d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (e) The City, in it's sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (f) Any proposals submitted by a non-pre-qualified bidder shall be returned unopened, and if inadvertently opened,shall not be considered. (g) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-qualification. 2 BID SECURITY: A cashier's check or an acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (517) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond and a payment bond each for one hundred percent (100%) of the contract price will be required, Reference C 3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDER: Pursuant to Article 6018, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is$25,000 or less, the contract amount shall be paid within forty-five (45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a y bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ® ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws 4 concerning disability discrimination in the performance of this agreement, 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with City of Fort Worth t Ordinance, No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM, ("Documentation") as appropriate. The documentation must be received no later than 5:00 PM, 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 deIiverywas 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 a Women Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. sm po ph ow PART B MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS PROPOSAL Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3),Part 8,UNIT 2 D.O.E.Unit No.2910 City of Fort Worth Minority and Women business Enterprise S r.f ialns ►Nd/CFW SPECIAL INSTRUCTIONS FOR BI6A8;12 Pfd 3 yg APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal Is applicable. If the total dollar value of the contract Is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. Ali requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 19%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; 2. Good Faith Effort documentation, or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. MMBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the participation: bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at(817)871-6104. Rev.6/19/00 Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3),Part 8,UNIT 2 D.O.E.Unit No.2910 ATTACHMENT 1A � City of Fort Worth Page 1 of 2 Minority and Women Business Enterprise Sp&tMcWions MBE/WBE UTILIZATION HICNEERIIV!/C FW '03 OF 12 Pn 3 48 N/ZCOn/vT/� i rS L October 5. 2000 IME COMPANY NAME BID DATE ain 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 3), Part 8-Unit 2 PS46-070460410310 OJECT NAME PROJECT NUMBER -rff'S M/WBE PROJECT GOAL: 1996 FW-"E PERCENTAGE ACHM-VED: 'iilure to complete this form, in its entirety with supporting documentation, and received by the Managing Department I 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. le undersigned bidder agrees to enter Into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing rrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered �`n-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify&11Items to be Dollar Amount Address,and Telephone No. Scope of Work(*) Supplied(*) 21 v �= NF Ma GK/GEy d1tif9r�)' / ✓ )5,604k.4 �`f*&-W,4Ls ,Bc"DDin/6 A/*h70+,4LS / oZ7 'f 90, oo o 404/.14 OAr Ao, V ,c},9D H v�.aF< AND lh9vG oFr ?1.? 404 72F.t4.f 7to�.p 8i7- 4178-038lf $�7 -4175-/S/3 da*x ek4 S3oC/q-rC-I -T!� �,er' -T✓ / 9, ��a,00 9049 14 X ti&-) alo,./ h4 os T-N/ Vi?[��-! /�o l T-Tj/, W4, Ai C,I� Sa�� TQC 73-,f'/ W7- W# s, R7r M#Is. Ii7;X-G$o-So8'j ffl7- - S ModreC' �,694,JCII V se as v/L,✓�sy �0 �' FvR-�Gsi} ��� / ` �OOo?,OD qi/ 600/K sT Hrk*-c C�.sPiv,�c� h1",0G G9rAr4`T) r 101_.9 1,*W T ;74©6,f 17- X77-- 4477—3,?.2G r.+K MIWBEs must be located in the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. Specify all areas in which MWBE's are to be utilized and/or items to be supplied: A complete listing of Items to be supplied Is required in order to receive credit toward the M/WBE goal. (�)Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the prime contractor to a subcontractor Is considered 10 tier,a payment by a subcontractor to Its supplier is considered 2nd tier. A THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3),Part 8,UNIT 2 D.O.E.Unit No.2910 ATTACHMENT 1A Page 2 of 2 Cit of Fort Worth Minority and Women Cit Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name; Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(•) Supplied(') Q oo � m v x NF Z ~x I bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding tual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. 'he bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that I substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or �pioyee of the City. Any intentional and/or knowing misrepresentation of facts will be gfounds for terminating the ntract or debarment from City work for a period of not less than three (3) years and for Initiating action under 'ederai, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a terial breach of contract may result in a determination of an Irresponsible offeror and barred from participating in y work for a period of time not less than one(1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD r/7/)A-n 0 6 . hr� mei"-;t-- ( '/yit Raz. A• 21JN IS e)VjQ -r7- luthorized Signature Printed Signature Pe Contact Name and Title(if different) mpany Name Telephone Number(s) P. o. /so X l non 8/2- Sia- Asap ►ddress Fax Number f�2G/../GTv�✓, 7r 7(0003 /O- THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Paaes 1 and 2 of Attachment 1A must be received by the Mananina Denartment UNIT 2—BID—Sanitary Sewer Rehabilitation Part B PROPOSAL THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS. TO: Mr. Bob Terrell City Manager Fort Worth, Texas 2000 Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 3), Part 8, Unit 2 Project No. PS46-070460410310 D.O.E. No. 2910 Pursuant to the foregoing "Notice to Bidders," the undersigned bidder has thoroughly examined the Contract Documents, including Plans, special Contract Documents, the General Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to be done, and hereby proposes to do all the work, furnish all labor, equipment and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. The contractor must be pre-qualified in accordance with the Water Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort Worth for the performing and completing of said work within the time stated and for the following sums, to wit: Part 8 - Unit 2 - (1) - Part 8 - Unit 2 Bid - Sanitary Sewer Pipeline Rehabilitation PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT PRICE TOTAL ITEM QUANTITY WRITTEN IN WORDS AMOUNT BID (Furnish and install complete in place, including all appurtenant work, the following items.) 1 2,350 L.F. *8-Inch PVC Sanitary Sewer Pipe, All Depths -�-4 Dollars Cents $ z e. U d $ K Foo. ab 2 70 L.F. 8-Inch CL 51 DI Sanitary Sewer Pipe, All Depths -AtDollars 3• ._.,..,-� Cents $38. vo $ (a(.0- as 3 160 L.F. 8-Inch Sanitary Sewer By Short Bore (Pipe Material as Specified on Plans) ' ...,1aCr►.�.L Dollars Cents $ i o o. a o $ /6 000. 00 4 114 L.F. 8-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut 41,1 ..-- IJAIACI Dollars f Cents $ .200, 00 $ .L o . a o 5 100 L.F. **8-Inch to 8-Inch I.D. HDPE Sanitary Sewer by Pipe Enlargement f'�os lfw(i Dollars Cents 6 2 EA. Sewer Service Reinstatement for Pipe Enlargement Y..IZ- Dollars 1 ,10 - —V- � Cents $ 3Sa. do $ 70y.v *, ** Contractor must complete City Approved Product and Method Form on page PART 8 - Unit 2 (8) Part 8 - Unit 2 (2) PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT PRICE TOTAL ITEM QUANTITY WRITTEN IN WORDS AMOUNT BID (Furnish and install complete in place, including all appurtenant work, the following items.) 7 545 L.F. *4-Inch PVC Sanitary Sewer Service Pipe Dollars -41-- , Cents $ 00 $ Z/0. v o 8 46 EA. 4-Inch Sewer Service Connection 7 �oLt,c Dollars -� Cents $ eZav_ ao $ 00 9 20 L.F. *6-Inch PVC Sanitary Sewer Service Pipe / i.�►` - Dollars Cents $ oZ 8. o n $ s-6 a . 00 10 2 EA. 6-Inch Sewer Service Connection �o•�- u.,1dt¢e2. p4,� Dollars Cents $ YSO. ua $ f o o. 00 11 2 EA. Construct Shallow 4-Foot Diameter Manhole C 1y:n, `�ue.�cCnLe( Dollars ` Cents $ .Sa o. a o $ 33 v o a. ad 12 16 EA. Construct Standard 4-Foot Diameter Manhole, 6' Depth Dollars Cents $ 1, ,5-do. o o $ a�0, as d *,** Contractor must complete City Approved Product and Method Form on page PART 8 - Unit 2 (8) Part 8 - Unit 2 (3) PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES TOTA ITEM QUANTITY WRITTEN IN WORDS UNIT PRICE AMOUNT (Furnish and install complete in place, including all appurtenant work, the following items.) 13 22 V.F. Extra Depth,4-Foot Diameter Manhole 6- �L.,,. ZA"4. Dollars - WAr Cents $ /00 . 14 3 EA. Construct 4-Foot Diameter Drop Manhole, 6' Depth .u-�.lz �L►tt,Dollars Cents $ duo. od $sToo, a 15 14 V.F. Extra Depth,4-Foot Diameter Drop Manhole Dollars V Cr Cents $ /'Fo. a e $ et 5". 4 16 205 L.F. *Re-route 4" PVC Private Sanitary Sewer Service, including Cleanouts 2; Dollars Cents $ '30 ' o o $ So. o 17 21 EA. Install Watertight Manhole Insert Dollars Cents $ 5-0. a 6 $/ a.ra• a 18 21 EA. Install Concrete Collar for Manholes `TJi„••.� - ,., ott.� Dollars Cents $ ,Zoo. 00 $ zoo. a a * Contractor must complete City Approved Product and Method Form on page PART 8 - Unit 2 (8) Part 8 - Unit 2 (4) PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT PRICE TOT) = ITEM QUANTITY WRITTEN IN WORDS AMOUN (Furnish and install complete in place, including all appurtenant work, the following items.) 19 21 EA. Manhole Vacuum Testing aka_ `�L�As•�dh�aQ, Dollars — Cents $ Ido. a a $ i va,, 20 14 EA. Remove Existing Manhole 7 Dollars --�� Cents $ .7,o a. a o $2T_a 21 40 L.F. Gravel Alley Replacement (18' Wide) Dollars —xe-� Cents $ vko. c . 22 10 EA. Cut and Plug Existing Sanitary Sewer • AA4W Dollars --�� Cents 23 0.6 TON Ductile-Iron and Cast-Iron Fittings A-e 4. -42LA- X+-,J4"L-.Dollars Cents $ 0 dao. a $/ ego 24 2,420 L.F. Trench Safety System for Trenches Greater Than 5'Depth Dollars �-- Cents 06 $ '1�? , Part 8 - Unit 2 (5) PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES TOTAL ITEM QUANTITY WRITTEN IN WORDS UNIT PRICE AMOUNT BID (Furnish and install complete in place, including all appurtenant work, the following items.) 25 93 L.F. Pavement Replacement, Per Figure 1 Dollars - fttv-1 Cents $ 26 5 L.F. Pavement Replacement, Per Figure 2 Fob Dollars U 41 Cents $ 5/S o o $ ezoz S. o d 27 773 L.F. Pavement Replacement, Per Figure 4 Dollars -�•,rJ Cents $ 02oZ. -00 $ I o 0 6. 00 28 20 L.F. Concrete Curb and Gutter Replacement Dollars Cents $ oZS'0o $ So0. 00 29 5 V.F. Protective Coating for 4-Ft Diameter Manholes . ....c( ,Q� Dollars Cents $ /0.6, 00 $ 5-ou. o v 30 1,592 L.F. Sodding (Bermuda or St. Augustine, as Directed) Dollars Cents $ .3. on $ i/ 774, Part 8 - Unit 2 (6) PAY APPROX. DESCRIPTION OF ITEMS WITH BID PRICES UNIT PRICE TOTA ITEM QUANTITY WRITTEN IN WORDS AMOUNT (Furnish and install complete in place, including all appurtenant work, the following items.) 31 8 S.Y. Concrete Sidewalk and Driveway Replacement Dollars Cents $ 40 . U o $ .3020. vo 32 1,655 L.F. Pre-Construction Cleaning and Television Inspection Dollars TLD Cents $ 3. o o $ g o 33 2,794 L.F. Post-Construction Television Inspection Dollars - Cents $ oo $� •a 34 1 EA. Exploratory Excavation (D-Hole) d>V Dollars Cents $ / $ t PART 8 - TOTAL AMOUNT BID UNIT 2: $ .23 5; J 70• ao [Transfer TOTAL BID - UNIT 2 to Part 8 Summary of Bids Sheet] Part 8 - Unit 2 (7) CITY APPROVED PRODUCT AND APPROVED METHOD FOR * and ** w *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC NO. SIZE R EI-31 4" thru 30" _ ' EI-25 4" thru 15" EI-27 4" thru 15" EI-28 18" thru 27" E 100-2 18" thru 48" Consult the"City of Fort Worth Standard Product List"to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above, ** CONTRACTOR SHALL SELECT PIPE ENLARGEMENT METHOD TO BE USED AND PROVIDE NAME OF CONTRACTOR FOR INSTALLATION: ✓ PIM Method !nl 14 Name of Subcontractor if Applicable T.R.S. System Name of Subcontractor if Applicable McConnell Method Name of Subcontractor if Applicable Expanded System Name of Subcontractor if Applicable " Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non-responsive. Part 8 - Unit 2 - (8) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of f% AI0/3*r,P is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order, and to complete the contract within One-hundred twenty (120) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Part 8 - Unit 2 - (9) Respectfully submitted, WN/ZC,o,c! �/1/Li Ti Es, i,•/G By Title 41el- /G -aAf, %X 7(003 Address (SEAL) If Bidder is Corporation Date: /O — oZOcpp Part 8 - Unit 2 - 0 0) L Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3),Part 8,UNIT 3 D.O.E.No.2955 Ciof Fort Worth • Minority and Women Business Enterprise'Specifications SPECIAL INSTRUCTIONS V0iRT15113DQ APPLICATION OF POLICY If the total dollar value of the contract Is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. k POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City.on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 19%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5)City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5)City business days after the Utilization Form, if participation is bid opening date,exclusive of the bid opening date. less than stated goal: 3. Good Faith Effort Form if no received by 5:00 p.m.,five(5)City business days after the participation: bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCIE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at(817)871-6104. Rev.6/19/00 L Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3), Part 8,UNIT 3 D.O.E.Unit No.2955 ATTACHMENT 1A City of Fort Worth P T OF Page 1 of 2 Minority and Women business Enterp, �fafVpns - - MBE/WBE UTILIZA11UU QT 12 Pel 3 48 October 5. 2000 RIME COMPANY NAME BID DATE Wain 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7. Contract 3). Part 8—Unit 3 PS46-070460410310 f PROJECT NAME PROJECT NUMBER PTY'S M/WBE PROJECT GOAL: 12% M/WSE PERCENTAGE ACE EYED: =allure to complete this form, in its entirety with supporting documentation, and received by the Managing Department .)n 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. rhe undersigned bidder agrees to enter Into a formai agreement with the MBE and/or WBE firms for work listed In this schedule, conditioned upon execution of a contract with the City of Fort Worth. The Intentional and/or knowing isrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered ion-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(') Supplied(') Z= ood Z NF Irl;cAUGEY bar e. t/ Jjc/)Di,✓6 M,*;Wh ,1 65i)d'✓G 1.14AAAj AO S'Plel"16 oder AD, ,g,�p f}Rv` OCr Ova yNvl. OGi TOc 76 AA? 8/7-• �i7d- o3�S� oFc q&D Mr,, V& 2^10W D4 PoST=7'�, VRCIMAf P'o S T-771 ✓*4&40 y g/c1M&S61✓j TOC 7,0f/ ArS7* V TAT M� Y 177 - 68o-Soo 64-- Ave e17— - S 0 117010ILd 1349,c ew y Seas ✓ l-,v �sN �✓iu �.c+�iSH �/� / /6�5�.r3,o® I rh Q co m'l� T.� �.t T17- 'V7-S'fQ9 rl 7- q-77 - G F,+A MIWBEs must be located in the 9(nine)county marketplace or currently doing business In the marketplace at the time of bid. •) Specify all areas In which MWBE's are to be utilized and/or Items to be supplied: •) A complete listing of Items to be supplied is required in order to receive credit toward the M/W BE goal. (••)Identify each Tier level. Tier:Means the level of subcontracting below the prime contractor/consultant,I.e.,a direct payment from the prime contractor to a subcontractor is considered 14 tier.a payment by a subcontractor to Its supplier is considered a tier. PW THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.8/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements(Group 7,Contract 3),Part S,UNIT 3 D.O.E.Unit No.2955 ATTACHMENT 1A Page 2 of 2 City of Fort Worth Minority and Women Business Enterprise Specifications MBE/,WB E_UTI.LIZATION Company Name,Contact Name, Ce fled Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. a F Scope of Work(') Supplied(') Z _ �f= bidder further agrees to provide, directly to the City upon request, complete and accurate Information regarding ttual work performed by all subcontractors, Including MBE(s) and/or WBE(s) arrangements submitted with this bid. ie bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that I substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or iployee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the antract or debarment from City work for a period of not less than three (3) years and for initiating action under Weral, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a Pterial breach of contract may result in a determination of an irresponsible offeror and barred from participating in y work for a period of time not less than one(1)year. ALL MBEs and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Ahhorized Signature Printed Signature Fe Contact Name and Title(if different) co 0-1z-0—/L/T/9 //1 G 117- 5'71)1'1;1;k-*Id- pany Name Telephone Number(s) r /?0.130x /73071 If/7—S2'12- .23"A7 ddress Fax Number E'y/StateMp Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.612AS Paaes 1 and 2 of Attachment 1A must be received by the Mananina Department UNIT 3—BID—Sanitary Sewer Rehabilitation Part B PROPOSAL THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS. r TO: Mr. Bob Terrell City Manager Fort Worth, Texas 2000 Main 21 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 7, Contract 3), Part 8, Unit 3 Project No. PS46-070460410310 D.O.E. No. 2955 Pursuant to the foregoing "Notice to Bidders," the undersigned bidder has thoroughly examined the Contract Documents, including Plans, special Contract Documents, the General Contract Documents, and General Specifications for Water Department Projects, and the site of the project, understands the amount of work to be done, and hereby proposes to do all the work, furnish all labor, equipment and materials necessary to complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. The contractor must be pre-qualified in accordance with the Water Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, approved by the City of Fort Worth for the performing and completing of said work within the time stated and for the following sums, to wit: Part 8 - Unit 3 - (1) Part 8 - Unit 3 Bid - Sanitary Sewer Pipeline Rehabilitation PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BID (Furnish and install complete in place, including all appurtenant work, the following items.) 1 2,360 L.F. *8-Inch PVC Sanitary Sewer Pipe, All Depths Dollars _Our, Cents $ 3.2. do $ 75 9 o 2 1,236 L.F. *8-Inch C900 DR18 PVC Sanitary Sewer Pipe, all Depths Dollars Cents $ 3(o o d $ y'� el96.0 0 3 170 L.F. 8-Inch Sanitary Sewer By Short Bore (Pipe Material as Specified on Plans) 6%A- ,t�/�t�i Dollars - Cents $ /06. 00 $ 000-00 4 50 L.F. 8-Inch CL 51 DI Sanitary Sewer By Other Than Open Cut Dollars Cents $ az.o o. o o $ i 0,0 00, a d 5 128 L.F. Sanitary Sewer Railroad Crossing By Other Than Open Cut including 8-Inch CL 51 DI Carrier Pipe and 16-Inch^T� Casing Pipe complete in place PaADuti � olitx. Dollars Cents $ 3oa• 06 $ ,3? 400. 00 6 10 L.F. *10-Inch PVC Sanitary Sewer Pipe, All Depths Dollars -- '� Cents $ (.S-. 0 d $ * Contractor must complete City Approved Product Form on page PART 8 - Unit 3 (8) Part 8 - Unit 3 (2) PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAI ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT (Furnish and install complete in place, including all appurtenant work, the following items.) 7 1,357 L.F. *4-Inch PVC Sanitary Sewer Service Pipe F Od,.J Dollars Cents $ /4' co $/f f 9e,a 8 109 EA. 4-Inch Sewer Service Connection Dollars --�a-J Cents $ z o o. o o $,2/ ko0.� 9 35 L.F. *6-Inch PVC Sanitary Sewer Service Pipe i Dollars --"-0-� Cents $ J-1/ c d $ goo. ab 10 1 EA. 6-Inch Sewer Service Connection Dollars Cents $ d o $ ySd.oa 11 15 EA. Construct Standard 4-Foot Diameter Manhole, 6'Depth �xt73�t a�coer,..,C� .c> hw►��i1 c.Qi Dollars Cents $ .so o, o o $ 12 22 V.F. Extra Depth,4-Foot Diameter Manhole Au— `4'- Dollars Cents $ 1 -00, do $�.200.c * Contractor must complete City Approved Product Form on page PART 8 - Unit 3 (8) Part 8 - Unit 3 (3) PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT I . (Furnish and install complete in place, including all appurtenant work, the following items.) 13 1 EA. Construct 4-Foot Diameter Drop Manhole, 6' Depth +. ,c. .a...,.d-r- V,,, .d6ArC pollars Of --turj Cents $ u o $ b4 Ud. a z 14 7 V.F. Extra Depth,4-Foot Diameter Drop Manhole Dollars �..rCents $ /Fd. oy $/ 'Z40.0 15 16 EA. Install Watertight Manhole Insert F Dollars Cents $ So . o $ F-00, d d 16 16 EA. Install Concrete Collar for Manholes 'T Ztc.P, Dollars Cents $ o2.S4. u d $ odd, a 17 16 EA. Manhole Vacuum Testing Dollars �urJ Cents $ /0 -0. 00 $ 18 8 EA. Remove Existing Manhole -XU.-dA..e2, Dollars Cents $ zoo. od $ iG ad.vc Part 8 - Unit 3 (4) PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT BI (Furnish and install complete in place, including all appurtenant work, the following items.) 19 5 EA. Abandon Existing Manhole %7inu. Dollars "tea Cents $ 300. 0 o $Asa 0 ..06 20 6 EA. Cut and Plug Existing Sanitary Sewer 1 '- � Vf,�a � Dollars — ' Cents $ 36 d. ea $ / o 21 0.8 TON Ductile-Iron and Cast-Iron Fittings -Tw-c-aCl,Qr,�a.�,.�.y .�+��•u-e2.Dollars / Cents $ 2 o. a $ / .2 o•a d 22 3,440 L.F. Trench Safety System for Trenches Greater Than 5'Depth Dollars Cents $ /. o o $ 5t0.do 23 36 L.F. Pavement Replacement, Per Figure 1 td Dollars Cents $ .S.5. v v $ 91 24 60 L.F. Pavement Replacement,Per Figure 2 F Dollars -- Cents $ 7do.o� I Part 8 - Unit 3 (5) PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL, ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT B: (Furnish and install complete in place, including all appurtenant work, the following items.) 25 2,063 L.F. Pavement Replacement, Per Figure 4 Tti c� Dollars -J Cents 26 40 L.F. Concrete Curb and Gutter Replacement Dollars -tea Cents $ / 8 . o o $ 7-mod 27 1,977 L.F. Sodding (Bermuda or St. Augustine, as Directed) Dollars --�•.r-1 Cents $ 3, vy $S 93/.a c 28 2,918 L.F. Pre-Construction Cleaning and Television Inspection T Dollars Cents $ 0,z . oy $ 29 3,954 L.F. Post-Construction Television Inspection —Tcr� Dollars Cents $ 02 • oci $ 7 9afs. a 30 48 S.Y. Concrete Sidewalk and Driveway Replacement Dollars '- � Cents $ 5ld, 00 $ Part 8 - Unit 3 (6) PAY APPROX. DESCRIPTION OF ITEMS WITH BID TOTAL ITEM QUANTITY PRICES WRITTEN IN WORDS UNIT PRICE AMOUNT I (Furnish and install complete in place, including all appurtenant work, the following items.) 31 16 V.F. Protective Coating for 4-Ft Diameter Manholes s Dollars �.o Cents $ o267d .ad $ a a. 32 30 L.F. Concrete Encasement .r.�..l `' Dollars "ka Cents $ 02 k. 06 $ 89(o,yo 33 1 EA. D-Hole 14" Gas Line Dollars Cents $ 02 i 9 d C) $ 0?/?. a 34 1 EA. D-Hole Fiber Optic Cable � Dollars ho Cents $ /y. as 35 1 EA. Fee for Contractor's Right-of-Entry Agreement per Union Pacific Railroad Folder No. 1838-94. See Contract Documents and Specifications Manual Part E Specifications/Easements/ Permits Five Hundred Dollars Zero Cents $500.00 $500.00 PART 8 - TOTAL AMOUNT BID UNIT 3: $ 3`f 8, `{ 70. y O [Transfer TOTAL BID - UNIT 3 to Part 8 Summary of Bids Sheet] Part 8 - Unit 3 (7) CITY APPROVED PRODUCT FOR *CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC NO. SIZE E1-31 4" thru 30" EI-25 4" thru 15" EI-27 4" thru 15" E1-28 18" thru 27" E 100-2 18" thru 48" Consult the"City of Fort Worth Standard Product List"to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non-responsive. Part 8 - Unit 3 - (8) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of S?, did 13M0 is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order, and to complete the contract within One-hundred forty (140) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following addenda: Addendum No. 1 )C Adde►Idum No. 2 Addendum No. 3 Part 8 - Unit 3 - (9) Respectfully submitted, . WN/ZCa►/ yTi��Tj�S./�✓G . By Title O. X /7307/ 74 7eey? Address (SEAL) If Bidder is Corporation Date: /O—S-02'p" + Part 8 - Unit 3 - (10) PART 8 SUMMARY OF BIDS UNIT 1 TOTAL - $ ivo &-D UNIT 2 TOTAL - $ z,3 3 7 o . o o UNIT 3 TOTAL - $ 3 a. o o SUMMARY OF BIDS SHEET PART C - GENERAL CONDITIONS PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1 (1) C1-1. 2 Contract Documents C1-1 (1) C1-1. 3 Notice to Bidders C1-1 ( 2 ) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2 ) C1-1.7 Special Conditions C1-1 ( 2 ) a C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 ( 2) C1-1.10 Contract C1-1 ( 3) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 ( 3 ) C1-1.13 City Council C1-1 (3 ) C1-1.14 Mayor C1-1 (3 ) C1-1.15 City Manager C1-1 (3 ) C1-1.16 City Attorney C1-1 ( 3) C1-1.17 Director of Public Works C1-1 (4 ) C1-1.18 Director, City Water Department Cl-1 ( 4 ) C1-1.19 Engineer C1-1 ( 4 ) C1-1. 20 Contractor C1-1 ( 4) C1-1.21 Sureties C1-1 (4 ) C1-1.22 The Work or Project C1-1 ( 4) C1-1.23 Working Day C1-1 (4 ) C1-1.24 Calendar Day C1-1 ( 4) C1-1.25 Legal Holiday C1-1 ( 4 ) C1-1. 26 Abbreviations C1-1 (5 ) C1-1. 27 Change Order C1-1 (6 ) r C1-1.28 Paved Streets and Alleys C1-1 (6 ) C1-1. 29 Unpaved Streets and Alleys C1-1 (6) C1-1. 30 City Streets C1-1 (6 ) C1-1. 31 Roadway Cl-1 (6 ) C1-1. 32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2. 2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2. 4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2.6 Bid Security C2-2 (3 ) (1) C2-2.7 Delivery of Proposal C2-2 (4) C2-2.8 Withdrawing Proposals C2-2 (4) C2-2.9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4 ) C2-2.11 Irregular Proposals C2-2 (4 ) C2-2.12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1 ) C3-3.2 Minority Business Enterpise _ Women-Owned Business Enterprise compliance C3-3 (1) C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2) _ C3-3.5 Award of Contract C3-3 (2 ) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2 ) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4 ) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4 ) ` C3-3.12 Contractor ' s Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor ' s Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8 ) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4. 3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2 ) C4-4.5 Extra Work C4-4 (2 ) C4-4.6 Schedule of Operations C4-4 (3) C4-4. 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS k C5-5.1 Authority of Engineer C5-5 (1) C5-5. 2 Conformity with Plans C5-5 (1) C5-5. 3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2 ) C5-5.5 Emergency and/or Rectification Work C5-5 (3 ) C5-5.6 Field Office C5-5 (3 ) C5-5.7 Construction Stakes C5-5 (3 ) h C5-5.8 Authority and Duties of Inspectors C5-5 (4 ) C5-5.9 Inspection C5-5 ( 5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5 ) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6 ) C5-5.14 Existing Structures and Utilities C5-5 (7 ) C5-5.15 interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8 ) C5-5.17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 ( 9) (2) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6. 2 Permits and Licenses C6-6 (1) C6-6. 3 Patented Devices, Materials and Processes C6-6 (1) C6-6. 4 Sanitary Provisions C6-6 (2 ) C6-6. 5 Public Safety and Convenience C6-6 (2 ) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3 ) C6-6.7 Railway Crossings C6-6 (4 ) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4 ) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5 ) C6-6.10 Work Within Easements C6-6 (6 ) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor ' s Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor 's Claim for Damages C6-6 (10 ) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor ' s Responsibility for Work C6-6 (11 ) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6. 20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12 ) C7-7 PROSECUTION AND PROGRESS _ C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3 ) C7-7.7 Time of Commencement and Completion C7-7 (4 ) C7-7. 8 Extension of time of Completion_ C7-7 (4 ) C7-7. 9 Delays C7-7 (4 ) C7-7.10 Time of Completion C7-7 (5 ) C7-7.11 Suspension by Court Order C7-7 (6 ) C7-7.12 Temporary Suspension C7-7 (6 ) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8. 2 Unit Prices C8-8 (1) (3 ) C8-8. 3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3 ) C8-8.8 Final Payment C8-8 (3 ) C8-8.9 Adquacy of Design C8-8 (4) r C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5) (4) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS rSECTION Cl-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and rinterpreted as follows: C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and rinclude the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: M PART A - NOTICE TO BIDDERS (Advertisement) Same as FP above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER : Any person , persons , firm, partnership, - company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General z Conditions and Special Conditions , the latter shall take precedence and shall govern. C1 -1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions . When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project . Whenever reference is made to standard specifications, regulations, requirements , statutes , etc . , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or security ; urnished by the Contractor for the prompt and C1-1 (2 ) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond ( see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2. 6 ) C1-1. 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1 . 11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner' s representative showing in detail the location , dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY : The City of Fort Worth, Texas , a municipal rcorporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR: The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. rC1-1 .16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized rrepresentative. C1-1 (3 ) P0 C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1 .19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly - authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. C1 -1 . 20 CONTRACTOR: The person , persons , partnership , company, firm, association , or corporation ,. entering into a �. contract with the Owner for the execution of the work, acting directly or through a duly authorized representative . A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and dW materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor , materials , tools , equipment, and incidentals necessary to produce a completed - and serviceable project. C1-1. 23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 a.m. and 6 : 00 p.m. , with exceptions as permitted in paragraph C7-7. 6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1 . 25 LEGAL HOLIDAYS : Legal holidays shall be observed as Y prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: C1-1 (4 ) 1. New Year ' s Day January 1 2. M. L. Ring, Jr. Birthday. Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is 1 declared by the City Council , falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1 . 26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW _ In Accordance With ASTM American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O . D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. _ Boulevard C - Centigrade CI Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH _ Manhole SY - Square Yard Max. Maximum L.F. - Linear Foot D. I. - Ductile Iron C1-1 (5) C1 -1 . 27 CHANGE ORDER : A " Change Order " is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was nbt specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick, with or without separate base material. z- 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1. 30 CITY STREETS : A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 21 ) feet back of the curb lines or four ( 41 ) feet back of the average edge of pavement where no curb exists. C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to which has been add-(;-d- 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 not more than one ( 1 ) year old . In the case that a bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification . Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) 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 kthe actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requi4ed for its completion, and obtain all information required to make an intelligent proposal . No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation, research, tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the ' bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in ■ construction and as indicated in the Contract Documents will not be allowed. ■ The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct . Neither the w C2-2( 2 ) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of rds or figures , additions not called for , conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. +� C2-2. 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2 (3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. _ The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2. 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner , be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight ( 48) hours after the proposal opening time, T no further consideration will be given to the proposal. C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders . " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind. However , the C2-2( 4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2- 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work y contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement , experience record, equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the Financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5 ) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner , the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner , upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request , will be provided assistance by the City of Fort North ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time , not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. . The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion , return the proposal security which accompanied the proposals which, in its judgment , would not be considered for the award . 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 an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract , and for the protection of the Owner and all other persons _ against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2 ) bond 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 an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner . All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and yhave been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. _ No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee ' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order" , it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 . 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 )