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HomeMy WebLinkAboutContract 30549 SC5�9SPECIAL CONTRACTNO . DOCUMENTS FOR Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No. P172-070172141090 Gary Jackson Michael Moncrief City Manager Mayor Marc Ott Assistant City Manager , Dale Fisseler, P.E. Director, Water Department PREPARED BY [UHUE City of Fort Worth, Texas 2004 ORIGINAL City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/24/2004 DATE: Tuesday, August 24, 2004 LOG NAME: 60CLEANING REFERENCE NO.: **C-20230 SUBJECT: Award of Contract to Ace Pipe Cleaning, Inc. for the Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Ace Pipe Cleaning, Inc. in the amount of $341,072.05 for the Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers. DISCUSSION: On March 23, 2004 (M&C C-20008), the City Council authorized the execution of an engineering agreement with Wade and Associates, Inc. in the amount of $677,047.00 for the Main 134 Drainage Area Sanitary Sewer Evaluation Study and Improvements. As part of the scope of work, Wade & Associates prepared plans and specifications for a small diameter sanitary sewer cleaning project to be performed within the Main 134 drainage area. The Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers Project includes the cleaning and inspection of approximately 150,000 linear feet of sanitary sewers within the Main 134 drainage area. Wade & Associates will manage this project and review the television inspection video and logs in order to make comprehensive recommendations regarding the structural integrity of each individual sanitary sewer main within the drainage basin. The project was advertised for bid in the Commercial Recorder on May 27 and June 3, 2004. On June 24, 2004, the following bids were received: BIDDER TOTAL BID CONTRACT TIME Ace Pipe Cleaning, Inc. $341,072.05 120 Calendar Days Compliance EnviroSystems, LLC $360,051.16 Utility & Environmental Services $555,792.55 This project is located in COUNCIL DISTRICTS 7 and 9. Ace Pipe Cleaning, Inc., is in compliance with the City's M/ BE Ordinance by committing to 15% MNVBE participation. The City's goal on this project is 15%. Lop-name: 60CLEANfNG Page 1 of 2 :a FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/AccounVCenters P172 539120 070172141090 $341,072.05 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Dale Fisseler (8207) Additional Information Contact: Dale Fisseler (8207) Logname: 60CLEANING Paae 2 of 2 Jun 22 04 10: 23a Jon Newberry 8174512208 p. 3 CITY OF FORT WORTH Arlington Heights Neighborhood Cleaning and Closed-Circuit Television of Small Diameter Sanitary Sewers Project No. PS 172-070172141090 ADDENDUM NO. 2 June 22, 2004 The Contract documents for the Arlington Heights Neighborhood Cleaning and Closed- Circuit Television Inspection of the Small Diameter Sewers, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 2. All bidders must acknowledge receipt of this Addendum No. 2 on the Proposal-Part B and on the sealed bid envelopes. Failure to acknowledge receipt of an addendum may be cause for rejection of the bid. CONTRACT DOCUMENT REVISIONS INCLUDE: PART B —PROPOSAL a) It was discovered that the Part B - Proposal associated with Addendum No. 1 contained a duplicate number reference for bid item number 12. The attached Part B — Proposal, dated 6/22/04, corrects this problem and must be used in the submission of bid documents for this project. Please disregard all previous versions of the Part B —Proposal. The Bidder shall staple a copy of Addendum No. 2 in the Contract/Bid Documents submitted. The Bidder shall use the new Part B — Proposal section attached to this addendum for recording the unit prices bid and the bid total. of r `Mti C. 67697 9 O � END OF ADDENDUM NO. 2 ADDENDUM NO. 2 1QJ�l� �Y •. v y.�fl� J.O ` CITY OF FORT WORTH Arlington Heights Neighborhood Cleaning and Closed-Circuit Television of Small Diameter Sanitary Sewers Project No. PS172-070172141090 ADDENDUM NO. 1 June 17, 2004 The Contract documents for the Arlington Heights Neighborhood Cleaning and Closed- Circuit Television Inspection of the Small Diameter Sewers, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 1. All bidders must acknowledge receipt of this Addendum No. 1 on the Proposal-Part B and on the sealed bid envelopes. Failure to acknowledge receipt of an addendum may be cause for rejection of the bid. CONTRACT DOCUMENT REVISIONS INCLUDE: PART B—PROPOSAL a) Replace entire section with the Part B—Proposal attached. PART E—TECHNICAL SPECIFICATIONS a) Replace the Table of Contents page for Part E—Technical Specifications with the Table of Contents page attached. b) Item E-1, GENERAL has been amended to include anew term for CIP/DIP MECHANICAL SEWER PIPE CLEANING under SECTION 1:DEFINI'T'IONS. CIP/DIP MECHANICAL SEWER PIPE CLEANING: Hydraulically or electrically powered mechanical equipment and cleaning methods used to scour and remove mineral deposits and scale from cast iron (CIP) or ductile iron pipe (DIP) walls. Mechanical sewer pipe cleaning devices may include root saws, brushes, chains, grinding disks and other cutting tools. All mechanical sewer pipe cleaning tool or device must be approved for use by the ENGINEER prior to conducting cleaning operations. c) Item E-7 CIP/DIP MECHANICAL SEWER PIPE CLEANING has been added to the technical specifications of this contract. The technical specification for Item E-7 CIP/DIP MECHANICAL SEWER PIPE CLEANING is attached. The Bidder shall staple a copy of Addendum No. 1, including attachments, in the Contract/Bid Documents submitted. The Bidder shall use the new Part B — Proposal section for recording the unit prices bid and bid total. �,.. — • 4L END OF ADDENDUM NO. 1 7�o 67697 ADDENDUM NO.1120!%`j .Q �� 14 Part B PROPOSAL THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS TO: Mr. Gary Jackson, City Manager Fort Worth, Texas PROPOSAL FOR: The furnishing of all materials, equipment and labor for the cleaning and internal television inspections of various sanitary sewer lines ranging in size from 4 inches to 18 inches in diameter in the Main 134 Drainage Area of the City of Fort Worth, and to provide a complete and serviceable project designated as: Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No. P172-070172141090 Pursuant to the forgoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including maps, special contract documents, and the General Contract Documents and Specifications for Water Department Projects, the various sites of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the maps and Contract Documents and subject to the inspection and approval of the Director of the Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. The contractor must be specifically pre-qualified for this project in accordance. with the Water Department of the City of Fort Worth requirements as specified in this document. Contractor proposes to do the work within the time stated and for the following sums: Addendum No. 1 Part B Proposal—Page 1 6/17/04 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Furnish and install complete in place, including all appurtenant work,the following items.) 1 73,706 LF Sewer Line Cleaning 6"-8"Diameter Dollars Cents $ $ 2 19,226 LF Sewer Line Cleaning 10"-12"Diameter Dollars Cents $ $ 3 4,004 LF Sewer Line Cleaning 15"Diameter Dollars Cents $ $ 4 920 LF Sewer Line Cleaning 16"Diameter Dollars Cents $ $ 5 647 LF Sewer Line Cleaning 18"Diameter Dollars Cents $ $ 6 40,000 LF Shallow Line Step Cleaning 6"-12" Diameter Dollars Cents $ $ ADDENDUM No., Part B Proposal-Page 4 6/17/04 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Furnish and install complete in place,including all appurtenant work,the following items.) 7 1,502 LF CIP/DIP Mechancial Sewer Pipe Cleaning 6"-8"Diameter Dollars Cents $ $ 8 1,565 LF CIP/DIP Mechanical Sewer Pipe Cleaning 10"-12"Diameter Dollars Cents $ $ 9 394 LF CIP/DIP Mechancial Sewer Pipe Cleaning 16"Diameter Dollars Cents $ $ 10 15,000 LF Pre-Cleaning Closed-Circuit Television Inspection (CCTV)6"to 18"Diameter Dollars Cents $ $ 11 144,778 LF Television Inspection 6"to 16"Diameter Dollars Cents $ $ ADDENDUM NO.1 Part B Proposal-Page 4 6117104 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Furnish and install complete in place, including all appurtenant work,the following items.) 12 647 LF Television Inspection 18"Diameter Dollars Cents $ $ 12 75 EA Locating Manhole With Signal Transmitting Device Dollars Cents $ $ 13 2 Ea Pumping and Bypass Set-Up Dollars Cents $ $ 14 96 HR Pumping and Bypass Operation Dollars Cents $ $ TOTAL AMOUNT BID: $ ADDENDUM NO.i Part B Proposal-Page 4 ;!�p; •'•, ..� ��q ��,. GM74V Within ten (10) days after notification by City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has 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. (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. The Bidder agrees to begin the project within ten (10) calendar days after issue of the work order in the manner as prioritized by the City, and to complete the contract within one hundred- twenty(120) calendar days after beginning the project as set forth in the written work order to be furnished by the Owner. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) Addendum No. 3 (Initials) Addendum No. 1 Part B Proposal—Page 5 6/17/04 Respectfully submitted, By Title Address (SEAL) If Bidder is Corporation Date: Addendum No. 1 Part B Proposal—Page 6 6/17/04 PART E TECHNICAL SPECIFICATIONS TABLE OF CONTENTS ITEM DESCRIPTION PAGE E-1 GENERAL........ ...................................................... ..........................................TS-1 E-2 DEBRIS .............................................................................................................TS-5 E-3 SEWER SYSTEM CLEANING...........................................................................TS-5 E-4 SEWER FLOW CONTROL................................................................................TS-11 E-5 CLOSED CIRCUIT TELEVISION INSPECTION (CCN) ..................................TS-13 E-6 LOCATING MANHOLES WITH SIGNAL TRANSMITTING DEVICE.................TS-17 E-7 CIP/DIP MECHANICAL SEWER PIPE CLEANING...........................................TS-19 6/16/2004 E-7 CIP/DIP MECHANICAL SEWER PIPE CLEANING shall be performed using mechanical cleaning equipment powered hydraulically or electrically. CIP/DIP sewer pipe cleaning is defined as the process of scouring existing mineral deposits and scale off of the carrier or host pipe in order to restore carrying capacity and improve flow characteristics. The mechanical equipment and devices utilized shall be selected based on field conditions observed. The CONTRACTOR will record the amount of debris removed during cleaning operations using the Cleaning Form contained in Appendix A of the Contract Documents. The cleaning forms shall be submitted, at a minimum, on a weekly basis to the City and ENGINEER. The mechanical means selected for scouring the pipe for each segment authorized for this special cleaning activity shall be based on existing pipe conditions. The method of mechanical cleaning selected shall be approved by the Engineer prior to conducting actual cleaning activities. The mechanical cleaning process shall be designed to dislodge and remove all mineral deposits,scale and other materials or obstructions from the pipe wall without damaging the host pipe. Successful heavy cleaning should restore approximately 95% of the original pipe capacity without damaging host pipe. This cleaning process shall also include hydraulic flushing to move the scale and debris to a manhole for collection and removal. The mechanical equipment utilized for pipe scouring shall be capable of cleaning sanitary sewers up to 1000 LF in length. Manholes at each end of the line segments being cleaned shall also be cleaned and all debris shall be removed. The CONTRACTOR shall clean the upstream manhole prior to cleaning the line segment. If successful cleaning cannot be performed without risk of damage to the pipe or the equipment fails to traverse the entire line segment, cleaning efforts shall be temporarily suspended and ENGINEER shall be notified. Before cleaning can resume, the segment shall be televised and evaluated in order to determine if segment can adequately be mechanically cleaned. The CONTRACTOR shall provide an observer at the upstream manhole during all passes to ensure that the entire line segment is cleaned on subsequent passes. The CONTRACTOR shall utilize an appropriate mechanism to prevent debris from moving downstream from the line segment being cleaned. During CIP/DIP Mechanical Sewer Pipe Cleaning, the CONTRACTOR shall comply with all applicable sewer pipe cleaning requirements as outlined in ITEM 3 SEWER SYSTEM CLEANING of these specifications. MEASUREMENT AND PAYMENT: CIP/DIP MECHANICAL SEWER PIPE CLEANING shall be paid at the unit price bid per linear foot of each size pipe for actual pipe cleaned. Measurement of the actual number of feet cleaned shall be made from center of manhole to center of manhole. When a partial line segment is cleaned, measurement shall be made from center of manhole to termination point of actual cleaning as validated by post-cleaning CCN inspections. Acceptance of CIP/DIP mechanical sewer pipe cleaning shall be based on the review of internal CCN inspections. The ENGINEER shall use the CCN inspections to determine if the mechanical pipe cleaning is satisfactory. Based on the results of post-cleaning internal television inspections required under this contract, the CONTRACTOR will be required to perform additional mechanical cleaning at NO additional cost to the OWNER if the television work shows that initial sewer pipe cleaning is inadequate or incomplete. The CONTRACTOR shall be required to re-clean and re-inspect (CCN)the sewer line segment until the sewer pipe cleaning has been shown to be satisfactory. PART E TS - 19 6116/2004 Addendum Number 2 can be found in: PART B CITY OF FORT WORTH M/WBE FORMS AND PROPOSAL SPECIAL CONTRACT DOCUMENTS FOR Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No. P172-070172141090 1 hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Texas. Chris s, P. Date: S�G o Registration No.: >.WS ERIC. ... ... C"WS 67697 ��l�L SPECIAL CONTRACT DOCUMENTS FOR Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No. P172-070172141090 Gary Jackson Michael Moncrief City Manager Mayor Marc Ott Assistant City Manager Dale Fisseler, P.E. Director, Water Department APPROVED: r S. Frank Crumb, P.E., Assistant Director, Engineering, Water Department TABLE OF CONTENTS PART A NOTICE TO BIDDERS Notice to Bidders Special Instructions to Bidders PART B PROPOSAL City of Fort Worth M/WBE Forms Proposal PART C GENERAL CONDITIONS PART C 1 SUPPLEMENTARY CONDITIONS PART D SPECIAL CONDITIONS PART E TECHN CAL SPECIFICATIONS PART F BONDS AND INSURANCE Certificate of Insurance Environmental Impairment Liability Insurance Contractor Compliance with Worker's Compensation Law Performance Bond Payment Bond PART G CONTRACT APPENDIX A Permits and Forms APPENDIX B Tabulated Summary of Sewer Cleaning and CCTV Line Segments APPENDIX C Location Maps for Sewer Cleaning and CCTV Inspection f. PART A NOTICE TO BIDDERS AND SPECIAL INSTRUCTIONS TO BIDDERS NOTICE TO BIDDERS Sealed Proposals for furnishing of all labor, materials and equipment necessary for the cleaning of small diameter sanitary sewer lines and associated closed circuit television inspection for: Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No.P172-070172141090 will be received until 1:30 p.m. on the date of the bid opening at the Office of the Purchasing Manager, located in the lower level of the Municipal Building, 1000 Throckmorton, Fort Worth, Texas 76102. The bids will be publicly opened and read aloud in the City Council Chambers at 2:00 p.m.,Thursday,June 24,2004 Special Contract Documents, including drawings and specifications have been prepared for this project and may be obtained at the office of Wade & Associates, Inc., Consulting Engineers, located at 6701 Brentwood Stair Rd, Suite 100W, Fort Worth, Texas 76112. A fifty-dollar ($50.00)non-refundable deposit is required for each set of documents. These documents contain additional information for prospective bidders. General Contract Documents and Specifications for the Water Department Projects, dated January 1, 1978,with the latest revisions,also comprise a part of the Special Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set, at the Engineering Services Division Office of the Fort Worth Water Department, 1000 Throckmorton Street, Fort Worth, Texas 76102. Pre-qualification according to the Fort Worth Water Department Special Instructions to Bidders is required for this project. A pre-bid conference will be held at 10:00 a.m. on Wednesday, June 9, 2004 in the Water Department Conference Room, Room 225, Fort Worth Municipal Building, 1000 Throckmorton, Fort Worth, Texas. Although this meeting is not mandatory, prospective bidders are strongly encouraged to attend the meeting. The City reserves the right to reject any and all bids and waive any and all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the bids are*received. 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. 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 Wade & Associates, Inc. at (817) 451-2820. r 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. 1 For additional information contact Mr. Chris Brooks,P.E.,with Wade&Associates,Inc.,at(817) 451-2820 or Mr.Chris Harder,P.E.,with the Fort Worth Water Department at(817)392-6820. Advertising Dates: May 27,2004 June 3,2004 Fort Worth,Texas 2 SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. SPECIAL PROJECT PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids on the project are required to meet the Fort Worth Water Department special pre-qualification requirements for this project prior to submitting bids. Previous pre-qualification by the Fort Worth Water Department will not be considered as meeting this requirement. This one-time special project-specific process will pre-qualify potential bidders whose bids will be considered for award based upon the financial statement, equipment schedule, technical experience historical schedule compliance, and the evaluation of proposed manager and project superintendent. In addition, the process will.establish a bid limit based on an analysis of the contractor's finances. It is the bidder's responsibility to submit documentation for those items listed below,to the Water Department's designated representative, at least fourteen (14) calendar days prior to the date of bid opening. The Water Department may request any other documents it may deem necessary. Any additional documents so requested shall be submitted to the Water Department's designated representative at least seven (7) calendar days prior to the date of the opening bids. (a) COVER LETTER. The cover letter provided by the prospective bidder with the pre- qualification information must include the name of a contact individual that the City may contact for additional information if needed. (b) FINANCIAL STATEMENT. The financial statement required shall have been prepared by an independent certified public accountant or 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 late bidding date falls within the time a new statement is " being prepared,the previous statement shall be updated by proper verification. (c) EXPERIENCE RECORD. 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 the work of both the same nature and technical level as that of the project for which bids are to be received. Experience must be on comparable projects that were completed no more than three (3) years prior to the date on which bids will be received. References shall be submitted for a minimum of three (3) projects, each consisting of 50,000 linear feet or more of small diameter (18" and smaller) sanitary sewer line cleaning. References must include a contact person name,telephone �. number,project name and total cost,and the specific work done. (d) EQUIPMENT SCHEDULE. Due to the special nature of this project, a specific list of owned or leased equipment for use on this project shall be provided. (e) PERSONNEL AND SCHEDULE COMPLIANCE RECORD. The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five (5) years to demonstrate ability to perform large scale cleaning projects while maintaining critical schedules, regardless of by whom they were employed. A list of contact persons and phone numbers will be provided for the projects referenced by the bidder. iP 5/26/2004 Page 1 of 5 Special Instructions to Bidders The Water Department will review each pre-qualification submittal. From the financial statement, the maximum bid limit will be based on amount of liquid assets times 10. The.following conditions will apply: (a) The Director of the Water Department shall be the sole judge as to the acceptability for financial, experience and other qualifications to bid on any Fort Worth Water Department project. (b) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (c) The City, in its sole discretion, may reject a bid for failure to demonstrate an acceptable performance, financial statement, equipment schedule,experience and/or expertise. (d) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (e) It is the bidder's responsibility to check with the City to determine issuance of prequalification; however, the City will attempt to notify prospective bidders whose qualifications (financial or experience)are not deemed to be appropriate to the nature and/or the magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre- qualifications. (f) JOINT VENTURES. In the event the Bidder on this contract is a Joint Venture, financial statements from each joint venturer shall be submitted for prequalification, as well as the experience record and list of equipment of each joint venturer. The financial statements required shall have been prepared by an independent certified public accountant or independent public accountant holding a valid license issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the each joint venturer. The statements 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. It is not required that each joint venturer shall have the necessary experience and equipment, rather that combined, the joint venture has the required experience and equipment. Upon request, the joint venture agreement shall be submitted for review. For additional information contact Mr. Chris Harder, Fort Worth Water Department at (817) 392-6820 (Fax 817-392-8195). Pre-qualification submittal should be sent to: Mr.Chris Harder,P.E. Fort Worth Water Department 1000 Throckmorton Street Fort Worth,TX 76102-6212 2. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 2.1.1 Before submitting his Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the work site to familiarize with local conditions that may in any manner affect performance of the work, (c) familiarize himself with federal, state, and local laws, ordinances, rules and regulations affecting performance of the work, and (d) carefully correlate his .� observations with the requirements of the Contract Documents. 2.2 Reference is made to the Supplementary Conditions for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work, which have been relied upon by Engineer in preparing the Drawings 5/26/2004 Page 2 of 5 Special Instructions to Bidders and Specifications. The data is furnished for information only and neither the Owner nor Engineer guarantees the accuracy of the data. Before submitting his Bid each Bidder will, at his own expense, make such additional surveys and investigations, as he may deem necessary to determine his bid price for the performance of the work within the terms of the Contract Documents. The Bidder acknowledges by the submission of his bid that he is solely responsible for trench excavation safety as prescribed by the Occupational Safety and Health Administration and HB662 and HB665 as amended by the 72°d Session of the Texas Legislature and amended by the 73"d Session of the Texas Legislature with HB 1569. 2.3.1 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of the Contract Documents. 3. BID FORM(PROPOSAL): 3.1 Bidders shall use the Bid(Proposal) forms included in these documents. Supplemental data to be furnished shall be included in the same sealed envelope with Proposal. 3.2 Bid(Proposal)Forms must be completed in ink. The bid price of each item on the form must be stated in words, if specifically requested, and/or numerals; in case of a conflict, words will take precedence. 4. 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 (5%) 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. 5. 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. 6. 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. 7. 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. 8. BIDDER LICENSE: Bidder must be a licensed,Contractor in the State of Texas. 9. NONRESIDENT BIDDER: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. 5/26/2004 Page 3 of 5 r Special Instructions to Biddersr�, Ili,��� k: i 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. , 10. 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. 11. 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 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. 12. 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 concerning disability discrimination in the performance of this agreement. 13. MINORITY AND WOMEN BUSINESS ENTERPRISES: An M/WBE goal of fifteen percent (15%)has been established for this project and all M/WBE requirements are applicable. 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 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 - delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or a Women Business Enterprise 5/26/2004 Page 4 of 5 Special instructions to Bidders (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. 5/26/2004 Page 5 of 5 Special Instructions to Bidders PART B CITY OF FORT WORTH M/WBE FORMS AND -° PROPOSAL ..................................... ............................... ............................................................ ..... ................................................................... ................................................................... :::::::::::::::::::::::::::::::::::::::::::::......:............. City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY the f o al dollar aline of fixe contkact 4s ,))Q0 or rnoce,the- E,goal�s, RpGcafile_ I~f the total c�o11 aKalue'af mNP, :. the corit�a�t is<less tF�an;$Z (fOQ,the DBEjgoalls•not applicable . x__ .. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises (DBE)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 DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. DBE PROJECT GOALS The City's DBE goal on this project is 15 %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 DBE program by either of the following: 1. Meet or exceed the.above stated DBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. 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. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid goal is met or exceeded: V opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m:, five (5) City business days after the bid Utilization Form,if participation is opening date, exclusive of the bid opening date. less than statedgoal: 3. Good Faith Effort Form,if no received by 5:00 p.m., five (5) City business days after the bid participation: 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. 5. Joint Venture Form, if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date,exclusive of the bid opening date. _:,� ,F��►1L�7RE TO COMPLY WITH TfiE.CITY'S.,U'BE:`P.ROGRAM,ti111LL'RESUL�'=fN THE`BID=BEING - ' COf�[SIDERE"ON=RESPONS1V1=4T0 SPECtFICATIt3NS Any questions, please contact the M/WBE Office at(817) 871-6104. Rev.5130103 i ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRINX COMPAN AME: _ Check applicable block to describe prime TOJECT NAME: f I ��� � � M/W/DBE NON-MNWDBE �11 � �Q..,� Vl -e� Vu Yq � f BID DATE e ( moiQ, VYQ-WrS&L.,� City's MMBE Project Goa. Prime's M/WBE Project Utilization: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, ., will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered Vt tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. - Certification means those firms, located or doing business at the time of bid opening within the Marketplace,that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The MNVBE may lease trucks from non-MNVBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT IA FORT WORTH Page 2 of 4 Primes are required to identify ALL subcontractorstsuppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T " i N T Detail Detail Company Name Address e M wC X M Subcontracting Work Supplies Purchased Dollar Amount r B B T D W Telephone/Fax R o B E E C T E A Pa (ave -1 3Lt Cs-CL) --7 6 c i/ �W• cl07 0 (6/1 •�-24"� Rev.5/30/03 rt I ATTACHMENT 1A FORT WORTH Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n i N T Detail Detail Company Name Address e M WC X M Subcontracting Work Supplies Purchased Dollar Amount T D VY Telephone/Fax r B B E E R O B C T E A 4w Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of MIWBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ( 00(1 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. JO- *uthoorfid Signature Printed Signature _A � kn � TWO Contact Name/Title(if different) - I Its- Company Nance Telephone and/or Fax db c�TIn( 1 d ry {/{(— a ��CVNO 0 UD Ap Ql,-, Addra w ;—m dress ALE _.6-} W(fl/ 1k 7(,om � ` L�4 CitylStataip Date Rev.5/30/03 r ATTACHMENT 1B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe �. rime PROJECT NAME: MNV/DBE NON-M/W/DBE Arlington Heights Neighborhood Cleaning and Closed-Circuit Television BID DATE Inspection of Small Diameter Sanitary Sewers June 24, 2004 City's MI BE Project Goal: PROJECT NUMBER 15% 1 P172-070172141090 If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Fallure to completelhis form in its entirety and be received by the Managing Department on or before 5:00 �p. :eve(5)City=business days after bid opening,exclusive of the'bid opening date,will result:in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, NO this is your normal business practice and provide an operational profile of your business. i Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information M" regarding actual work performed by all subcontractors, including M/WBE(s)on this contract,the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. Auftriaed Signature Printed signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Emaall Address clty/StawZIP Date Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Disadvantage Business Enterprise GOOD FAITH EFFORT June 24,2004 Prime Company Name Bid Date Arlington Heights Neighborhood Cleaning and Closed- P172-070172141090 �+ Circuit Television Inspection of Small Diameter Sanitary Sewers Project Name Project Number N you'have failed to secure DBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than'the City's project goal,you const complete this'`form. If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening,exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a DBE or non-DBE. On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities Rev."5130103 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months old from the bid open date)list of DBE subcontractors and/or suppliers from the City's MN1/BE Office. Yes Date of Listing / d No 3.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? Yes If yes, attach DBE mail listing to include name of firm and address and a dated No copy of letter mailed. 4.) Did you solicit bids from DBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are opened? Yes If yes, attach list to include name of DBE firm, person contacted, No phone number and date and time of contact. JM �: ►tacsirrtElermye rased to.�com.piy anrith,either3 or 4 .but sy.not'be used foroth. i#.afacsimile s Fmsed;.:attach. Ehe Fax:confirmation, Which is :to provide DBEI; relate, time, fax number .and docuh*ftfion'faxed NOTE--`:If Ahe list-of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder must-contact the entire list to be in compliance with questions 3 and 4. If the list of DBEs for a particular -. subcontractinglsupplier opportunity is ten or more,'the bidder must contact at least two-thirds of the list within such area of:opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential DBEs or information regarding the location of plans and specifications in order to assist the DBEs? Yes No 6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to a inspection of any relevant documentation by City personnel. (Pie se use additional sheets,if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection Rev.5/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION. Please provide additional information you feel will further explain your good and honest efforts to obtain DBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment _ thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for , terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the DBE(s) listed was/were contacted in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's BE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/StateMp Date y. Rev.5130103 Joint Venture Page 1 of 3 CITY OF FORT WORTH JOINT VENTURE ELIGIBILITY FORM All questions must be answered,use"NA"if applicable. Arlington Heights Neighborhood Cleaning and Closed-Circuit Name of City project: Television Inspection of Small Diameter Sanitary Sewers A joint venture form mud be compiled an tib project UPBidTurchasing Number: 1.Joint venture information: Joint Venture Name Joint Venture Address (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets If additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture DBE firm Non-DBE firm name: name: Business Address: Business Address: ■ City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2.Scope of work performed by the Joint Venture: Describe the scope of work of the DBE: Describe the scope of work of the non-DBE: Rev.5/30/03 Joint Venture Page 2 of 3 3.What is the percentage of DBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. } 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-today management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ----------------------------------------------- b. Marketing and Sales ----------------------------------------------- c. Hiring and Firing of management personnel ----------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Disadvantage Business Enterprise Office will review your joint venture submission and will have final approval of the DBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of R work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's DBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's DBE Program. Rev.Sl3OM Joint Venture Page 3 of 3 AFFIDAVIT _ The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books,records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of DBE firm Name of non-DBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public PdMN=e Notary Public_ Si�naAue Commission Expires (sed) Rev.5/30/03 CITY OF FORT WORTH Arlington Heights Neighborhood Cleaning and Closed-Circuit Television of Small Diameter Sanitary Sewers Project No. PSI 72-070172141090 ADDENDUM NO.2 June 22,2004 The Contract documents for the Arlington Heights Neighborhood Cleaning and Closed- Circuit Television Inspection of the Small Diameter Sewers, for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 2. All bidders must acknowledge receipt of this Addendum No. 2 on the Proposal-Part B and on the sealed bid envelopes. Failure to acknowledge receipt of an addendum maybe cause for rejection of the bid. CONTRACT DOCUMENT REVISIONS INCLUDE: PART B—PROPOSAL a) It was discovered that the Part B - Proposal associated with Addendum No. 1 contained a duplicate number reference for bid item number 12. The attached Part B — Proposal, dated 6/22/04, corrects this problem and must be used in the submission of bid documents for this project. Please disregard all previous versions of the Part B—Proposal. The Bidder shall staple a copy of Addendum No. 2 in the Contract/Bid Documents submitted. The Bidder shall use the new Part B — Proposal section attached to this addendum for recording the unit prices bid and the bid total. OF prh� . . - MC •c M. 67697 0 Sy ., F , may► NA z� o� END OF ADDENDUM NO. 2 ADDENDUM NO.2 1 6'22'04 Part B PROPOSAL THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS TO: Mr. Gary Jackson, City Manager Fort Worth,Texas PROPOSAL FOR: The furnishing of all materials, equipment and labor for the cleaning and internal television inspections of various sanitary sewer lines ranging in size from 4 inches to 18 inches in diameter in the Main 134 Drainage Area of the City of Fort Worth, and to provide a complete and serviceable project designated as: Arlington Heights Neighborhood Cleaning and Closed-Circuit Television Inspection of Small Diameter Sanitary Sewers Water Department Project No. P172-070172141090 Pursuant to the forgoing "Notice to Bidders," the undersigned Bidder, having thoroughly examined the Contract Documents, including maps, special contract documents, and the General Contract Documents and Specifications for Water Department Projects, the various sites of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the maps and Contract Documents and subject to the inspection and approval of the Director of the Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. The contractor must be specifically pre-qualified for this project in accordance with the Water Department of the City of Fort Worth requirements as specified in this document. Contractor proposes to do the work within the time stated and for the following sums: Addendum No.2 Part B Proposal—Page 1 6/22/04 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Furnish and install complete in place,including all appurtenant work,the following items.) 1 73,706 LF Sewer Line Cleaning 6"-8"Diameter Zero Dollars Seventy-Seven Cents $0.77 $56,753.62 2 19,226 LF Sewer Line Cleaning 10"-12"Diameter One Dollars Five Cents $1.05 $20,187.30 3 4,004 LF Sewer Line Cleaning 15"Diameter One Dollars Seventy-Two Cents $1.72 $6,886.88 4 920 LF Sewer Line Cleaning 16"Diameter One Dollars Eighty-Five Cents $1.85 $1,702.00 5 647 LF Sewer Line Cleaning 18"Diameter Three Dollars Zero Cents $3.00 $1,941.00 6 40,000 LF Shallow Line Step Cleaning 6"-12" Diameter One Dollars Sixty-Five Cents $1.65 $66,000.00 ADDENDUM NO.2 Part B Proposal-Page 2 8122104 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Fumish and install complete in place,including all appurtenant work,the following items.) 7 1,502 LF CIP/DIP Mechancial Sewer Pipe Cleaning 6"-8"Diameter Thirteen Dollars Zero Cents $13.00 $19,526.00 8 1,565 LF CIP/DIP Mechanical Sewer Pipe Cleaning 10"-12"Diameter Fourteen Dollars Zero Cents $14.00 $21,910.00 9 394 LF CIP/DIP Mechancial Sewer Pipe Cleaning 16"Diameter Eighteen Dollars Fifty Cents $18.50 $7.289.00 10 15,000 LF Pre-Cleaning Closed-Circuit Television Inspection(CCTV)6"to 18"Diameter Zero Dollars Ninety-Eight Cents $0.98 $14,700.00 11 144,778 LF Television Inspection 6"to 16"Diameter Zero Dollars Sixty-Five Cents $0.65 $94,105.70 ADDENDUM NO.2 Part B Proposal-Page 3 6122104 Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers PAY APPROX. DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS BID (Furnish and install complete in place,including all appurtenant work,the following items.) 12 647 LF Television Inspection 18"Diameter Zero Dollars Sixty-Five Cents $0.65 $420.55 13 75 EA Locating Manhole With Signal Transmitting Device One Hundred Fifty Dollars Zero Cents $150.00 $11,250.00 14 2 EA Pumping and Bypass Set-Up Two Thousand Dollars Zero Cents $2,000.00 $4,000.00 15 96 HR Pumping and Bypass Operation One Hundred Fifty Dollars Zero Cents $150.00 $14,400.00_ TOTAL AMOUNT BID: $341.072.05 ADDENDUM NO.2 Part B Proposal-Page 4 6/22/04 Within ten (10) days after notification by City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has 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. (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 /41-SSa4e , 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. The Bidder agrees to begin the project within ten (10) calendar days after issue of the work order in the manner as prioritized by the City, and to complete the contract within one hundred- twenty(120) calendar days after beginning the project as set forth in the written work order to be ,furnished by the Owner. I(we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements which have been taken into consideration in preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 2 (Initials) _ Addendum No. 3 (Initials) Addendum No.2 Part B Proposal—Page 5 6/22/04 Respectfully submitted, By,&CCT Title rc 67 Ze.710 Ilf Address (SEAL) If Bidder is Corporation Date: 4/tLlo Addendum No.2 Part B Proposal—Page 6 6/22/04 s PART C GENERAL CONDITIONS a I� PART C GENERAL CONDITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents,the following terms or pronouns in place are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all 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 include the�following items: PART A - NOTICE TO BIDDERS WHITE PART B PROPOSAL WHITE PART C - GENERAL CONDITIONS YELLOW PART D - SPECIAL CONDITIONS GREEN PART E - SPECIFICATIONS -WHITE PART F - BONDS WHITE PART G - CONTRACT WHITE B. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A NOTICE TO BIDDERS PART B - PROPOSAL PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bond separately) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published g P Y in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the Notice to Bidders. I Fort Worth Water Department C- 1 General Conditions 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. CI-1.5 BIDDER: Any person, persons, firm, or 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. CI-1.7 SPECIAL CONDITIONS: Special Conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not u 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 of part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment, and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations,requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written.guarantee or security furnished by the Contractor for the prompt and faithful performance of the contract and shall 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 of Bid Security(See Special Instructions to the 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. CI-1.11 PLANS: The plans are the drawings or reproductions 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, Fort Worth Water Department C-2 General Conditions working drawings,preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents,but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth,Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by charter vested in the City Manager. Terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth,Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence,the Mayor Pro Tem of the City of Fort Worth,Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth,Texas,or his duly authorized.representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed Director of the City Water Department of the City of Fort Worth,Texas, or his duly authorized representative, assistant, or agents. C1-1.18 DIRECTOR. CITY WATER DEPARTMENT: The duly appointed official of the City of Fort Worth, Texas,referred to in the Charter as the City Engineer,or his authorized representative. CI-1.19 Fort. 9 ENGINER: The Director of Public Works, the Director of the rt Worth Water Department, or their duly authorized assistants, agents, engineers,inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person,persons,partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm,corporation, or others under contract with the principal contractor, supplying labor and materials,or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes herein. Fort Worth Water Department C-3 General Conditions C1-1.22 THE WORK OR THE 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 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 AM and 6:00 PM,with exceptions as permitted in paragraph C7-7.6. C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month,no days being excepted. C1-1.25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City Employees as follows: New Year' Day January 1 M.L.King,Jr.Birthday Third Monday in January Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Thanksgiving Friday Fourth Friday in November Christmas Day December 25 Such other days in lieu of holidays as the City Council may determine When one of the named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday,by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as a 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 State Highway Transportation Officials ASCE American Society of Civil Engineers LAW In Accordance With ASTM American Society of Testing Materials r AWWA American Water Works Association ASA American Standards Association HI Hydraulic Institute Asph, Asphalt Ave. Avenue Blvd. Boulevard CI Cast Iron Fort Worth Water Department C-4 General Conditions CL Center Line GI Galvanized Iron Lin. Linear or Lineal MH Manhole Max. Maximum Min. Minimum MGD Million Gallons Per Day CFS Cubic Foot per Second R Radius I.D. Inside Diameter O.D. Outside Diameter F Fahrenheit C Centigrade In. Inch Ft. Foot St. Street CY Cubic Yard Yd. Yard SY Square Yard L.F. Linear Foot D.I. Ductile Iron C1-1.27 CHANGE ORDER: A"Change Order"is a written supplement agreement g PP �' between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which the 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: A. Any type of asphaltic concrete with or without separate base material B. Any type of asphalt surface treatment,not including oiled, surface C. Brick,with or without separate base material D. Concrete,with or without separate base material E. Any combination of the above C1-1.29 UNPAVED STREETS AND 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. M- Fort Worth Water Department C-5 General Conditions C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') feet back of the curb lines or four(4') feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Fort Worth Water Department C-6 General Conditions 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 being received, and such experience must have been on projects completed not more than five(5) years prior to the date on which bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any For Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be fiunished 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 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. Fort Worth Water Department C-7 General Conditions Bidders are required,prior to filing of proposal, to read and become familiar with the Contract Documents,to visit the site of the project and examine carefully all local conditions,to inform themselves by their own independent research and investigations, tests,borings, and by such other means as may be necessary to gain a complete knowledge of the conditions which may 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 work or the time required for its completion, and obtain all 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 the conditions 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 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 furnish the materials required. All such prices shall be written legibly. In case of discrepancy between the price written 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 the 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 or words or figures, additions not called for, conditional or uncalled for alternate bids,incomplete bids, erasures, or irregularities of any kind, or contain unbalanced value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. Fort Worth Water Department C-8 General Conditions 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 famish 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. MP 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 Bidders sole responsibility to deliver the proposalat 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 work"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 the 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 4P 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 written signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within the forty-eight(48)hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no"Non-consideration Request"has been received will be publicly opened and read aloud by the CityManager or his duly 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 Fort Worth Water Department C-9 General Conditions called for,unauthorized alternate bids, or irregularities of any kind. However, the 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 of a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to ,the following reason: A. Reasons for believing that collusion exists among bidders B. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. D. The bidder being in arrears on any existing contract or having defaulted on a previous contract. E. The bidder having performed a prior contract in an unsatisfactory manner. F. Lack of competency as revealed by the financial statement, experience of 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"X'—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. Fort Worth Water Department C- 10 General Conditions u " SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 CONSIDERATION OF PROPOSALS: After the 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 may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE) and or a Woman-Owned Business Enterprise(WBE)on the contract and the payment therefore. Contractor further agrees, upon request by the Owner,to allow and audit and/or an examination of any books, records, or files in the possession of 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 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. The Contractor shallost the required notice to that effect on the p eq project site, and, at his request,will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five(45) days after the date on which the proposals were opened. C3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time,not to exceed forty-five(45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made at to the responsibility of the proposed awardee. Fort Worth Water Department C- 11 General Conditions 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 by 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 the damage by reason of negligence of the ,W Contractor, or improper execution of the work or the use of inferior materials. This performance bond shall guarantee the payment for all labor,materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until the 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 561 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 contact being constructed under these specifications. Payment bond shall remain in full 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. Fort Worth Water Department C- 12 General Conditions OW LNo 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 the Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required,have qualified and have been Laccepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of 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 other 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. LC3-3.9 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 occurring to the Owner by reason of said Awardee's failure to execute said bonds and contract within ten(10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will 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. Fort Worth Water Department C- 13 General Conditions 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-contractor's certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of r the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. A. Compensation Insurance: The Contractor shall maintain, during the life of this contract,Workers Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub- contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers Compensation Statute,the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. B. Comprehensive General Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance(Public Liability and Property Damage Insurance) in the amount not less than$500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than$500,000 covering each occurrence on account of property damage with$2,000,000 umbrella policy coverage. :.s C. Additional Liability The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,the following insurance: 1. Contingent Liability(covers General Contractor's Liability-for acts �- of sub-contractors.) 2. Blasting,prior to any blasting being done. 3. Collapse of building or structures adjacent to excavation(if excavations are to be performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builders risk(where above-ground structures are involved) 6. Contractual Liability(covers all indemnification requirements of Contract). Fort Worth Water Department C- 14 General Conditions D. Automobile Insurance—Bodily Injury and Property Damage: The k Contractor shall procure and maintain, during the life of the Contract, Comprehensive Automobile Liability insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than$500,000 on account on one accident, and automobile property damage insurance in an amount not less than $100,000. E. Scope of Insurance and Special Hazard: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract,whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. F. Proof of Carriage of Insurance: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner. All insurance requirements made upon the Contractor shall apply to the sub- contractor, should the Prime Contractor's insurance not cover the sub- contractor's work operations. G. Local Agent for Insurance Bonding: The insurance and bonding companies with whom the Contractor's insurance and performance, payment,maintenance and all such other bonds as written shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth,Tarrant County,Texas. Each such agent shall be a duly qualified one upon whom service of process may be had, and must have the authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant, or any property owner who has been damaged, may have against the Contractor,insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract,the Contractor shall pay for all materials, labor, and services when due. C3-3.13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be Fort Worth Water Department C- 15 General Conditions IWA A. Milestone dates and final project completion dates shall be developed to L conform to time constraints, sequencing requirements, and completion time. B. The construction process shall be divided into activities with time durations of approximately fourteen(14) days and construction values not to exceed$50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C. Durations shall be in calendar days and normal holidays and weather 4L conditions over the duration of the Contract shall not be accounted for within the duration of each activity. D. One critical path shall be shown on the construction schedule. E. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. F. Thirty days shall be used for submittal review unless otherwise specified. 4L The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be , broken down into activities in enough detail to achieve activities of approximately fourteen(14)days duration. For each general category, the construction schedule shall be identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements, construction and pre-acceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals - 2. Submittal review periods 3. Shop fabrication and delivery 4. Erection or installation 5. Transmittal of manufacturer's operation and maintenance manuals 6. Installed equipment and materials testing GL 7. Owner's operation instruction(if applicable) 8. Operational testing 9. Final inspection do Fort Worth Water Department C-20 General Conditions If in the opinion of the Owner,work accomplished falls behind that scheduled,P � P ed,the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in schedule progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable,he may require the Contractor to increase the work force,the construction plant and equipment,the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. Fort Worth Water Department C-21 General Conditions SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished,work performed, rate of progress of the work, overall sequence of construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation,mutual rights between the Contractor and Owner under the Contract Documents, supervision of the work,resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition of the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the F Engineer on any such matters, the Engineer must, within a reasonable time,upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. r C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with the lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5.3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections,which, taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies, figured dimensions shall govern over scaled dimensions,plans shall govern over specifications, special conditions shall govern over general conditions, and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the Contract Documents, and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents. In the event that the Contractor discovers an apparent error or discrepancy,he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. Fort Word,Water Department C-22 General Conditions C5-5.4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contractor shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer,his inspector, and other Contractors in every way possible. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent, English—speaking superintendent and an assistant who are fully authorized to act as the Contractor's agent on the work. Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives. Pursuant to this responsibility of the Contractor,the Contractor shall designate in writing to the project superintendent,to act as the Contractor's agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be a subject to call, as is the project superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5.5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative, shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition. Such a response shall occur day or night,whether the project is scheduled on a calendar day or on a working day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies, omissions, or corrections necessary to conform with the requirements of the project specifications or plans,the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours,the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action,plus 25%, from any funds due the Contractor on the project. Fort Worth Water Department C-23 Genera!Conditions C5-5.6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,well heated, air conditioned, lighed and weather-proof,so that documents will not be damaged by the elements. C5-5.7 CONSTRUCTION STAKES: The City, through its Engineer,will furnish the Contractor will all lines, grades, and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents, and lines grade, and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay. Such stakes or markings as may be established for the Contractor's use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer, any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees,the full cost of replacing such stakes or marks plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5.8 AUTHORITY AND DUTIES OF CITY INSPECTOR: City inspectors will be authorized to inspect all work done and to be done and all materials furnished. Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents, and to call the attention of the Contractor to any such failure or other infringements. Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the material or equipment furnished or the manner of performing the work,the City Inspector will have authority to reject materials or equipment and to suspend work until the question at issue can be referred to and be decided by the Engineer. The City Inspector will not,however,be authorized to revoke, alter, enlarge, or release any requirement of these Contract Documents, nor to approve or accept any portion or section of the work, not to issue any instructions contrary to the requirements of the Contract Documents. He will in no case act as superintendent or foreman or perform any other duties for the Contractor,or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties. The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents,provided,however, should the Contractor object to any orders or instructions of the City Inspector, the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. Fort Worth Water Department C-24 General Conditions