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HomeMy WebLinkAboutContract 44775 CITYKadm Mam,. �L/77� FORTWORTH SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REHABILITATION CONTRACT LXIV (64) - PART 2 CITY PROJECT No. 01493 DOE 3890 X - 21459 Sewer Nos. P254-702170149387 & P258-702170149387 November 2012 Betsy Price Tom Higgins Mayor City Manager Doug W. Wiersig, Ph.D., P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. CITY SECRETARY Director, Water Department tr D.C.E. FILE CONIRACTOR`S BONDING CO, PREPARED FOR: The City of Fort Worth C©NSl"R�JCTIQN'S COPY �OF r CLIENT DEPARTMENT ®O0 HALFF ' KEtTN L F $ 4000 Fossil Creek Boulevard . .... »................3...� Fort Worth, Texas 76137-2720 �A�, ...tg5454.o f fro TBPE REG # 312 REC0VED DEQ 09 2;]13 FORTWORTH SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SANITARY SEWER REHABILITATION CONTRACT LXIV (64) — PART 2 CITY PROJECT No. 01493 DOE 3890 X - 21459 Sewer Nos. P254-702170149387 & P258-702170149387 November 2012 Betsy Price Tom Higgins Mayor City Manager Doug W. Wiersig, Ph.D., P.E. Director, Transportation and Public Works Department S. Frank Crumb, P.E. Director, Water Department PREPARED FOR: The City of Fort Worth OF rah ■� HALFF � � �°� ■ ■ fes; �i O'KE .. FREEMM 4000 Fossil Creek Boulevard i............ ....r...,..,,.N.;.�� Fort Worth, Texas 76137-2720 s ...c�85454o f '�® TBPE REG # 312 t�' M&C Review Page 1 of 2 Official site of the City of Fort worth,Texas CITY COUNCIL AGENDA oR_ r i� COUNCIL ACTION: Approved on 6/4/2013 -Ordinance No. 20778-06-2013 DATE: 6/4/2013 REFERENCE NO.: **C-26294 LOG NAME: 60SS64P2 -ARK CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract with Ark Contracting Services, L.L.C., in the Amount of $912,795.00 for Sanitary Sewer Rehabilitation Contract 64, Part 2 in Several Alleys and North Main Street, 30th Street, Grafton Street, Chester Street, Loving Avenue and Prairie Avenue, Provide for Project Costs and Contingencies for a Project Total in the Amount of $975,179.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize a transfer in the amount of$62,384.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$62,384.00 from available funds; and 3. Authorize the execution of a contract with Ark Contracting Services, L.L.C., in the amount of $912,795.00 for Sanitary Sewer Rehabilitation Contract 64, Part 2. II DISCUSSION: On March 19, 2002, (M&C C-19000)the City Council authorized an Engineering Agreement with Halff Associates Inc., for Sanitary Sewer Rehabilitation Contract 64, for the preparation of plans and specifications for replacement of deteriorated sanitary sewer mains. This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated sanitary sewer mains on the following streets: Street From To North Main Street 100 feet south of the North Main North 200 feet Street/3e Street intersection NW 30th Street North Main Street 300 Feet East to Dead End Grafton Street East Avenue East Lancaster Avenue Chester Street East Avenue East Lancaster Avenue Loving Avenue Angle Avenue NW 31St Street Prairie Avenue Angle Avenue NW 31St Street The project was advertised for bid on February 14, 2013 and February 21, 2013 in the Fort Worth Star-Telegram. On March 7, 2013, the following bids were received: r Bidder Amount Time of Com letion Ark Contracting Services, L.L.C. $ 912,795.00 210 Calendar Days Conatser Construction, TX, LP $ 1,178,863.75 Woody Contractors, Inc. $ 1,558,100.00 Atkins Brothers Equipment Grou $ 1,693,740.00 M/WRF Office-Ark Contracting Services, L.L.C., is in compliance with the City's MM/BE Ordinance http://apps.cfwnet.org/council_packet/mc_review.asp?ID=18465&councildate=6/4/2013 6/21/2013 M&C Review Page 2 of 2 by committing to 21 percent M/WBE participation. The City's goal on this project is 18 percent. Most State Revolving Loans are granted for construction contracts only. However, with this particular loan, the City of Fort Worth was authorized to pay for both an Engineering Agreement(design and survey) and the construction contract. Since no other expenses can be covered by the SRF funding, additional appropriations of$62,384.00 ($35,000.00 for construction staking, project management, material testing and inspection and $27,384.00 for project contingencies) are needed from the Sewer Capital Projects Fund. Funds have already been appropriated in the Clean Water SRF2007 Series Fund. The project is located in COUNCIL DISTRICTS 2 and 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Clean Water SRF 2007 Series Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1821 1) PE45 538040 0709020 $62.384.00 P258 476045 702170149322 $62.384.00 P254 541200 702170149387 $912.795.00 2) P258 531350 7021701493528$ .000.00 2) P258 531200 702170149384 $5,000.00 2) P258 531350 702170149384 $2,000.00 2) P258 541200 702170149387 $27.384.00 2) P258 511010 702170149380 $5,000.00 2) P258 511010 702170149391 $1,000.00 21P258 531350 702170149393 $1,000-00 2) P258 511010 702170149394 $1,000.00 2) P258 531350 702170149385 $12.000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Rakesh Chaubey (6051) ATTACHMENTS 60SS64P2-ARK MAP 01.pd 60SS64P2-ARK MAP 02.pdf 60SS64P2-ARK MAP 03.pdf 60SS64P2 ARK A013.doc http://apps.cfwnet.org/council_packet/mc_rreview.asp?ID-=18465&councildate=6/4/2013 6/21/2013 to kip i SECTION 2—FRONT END DOCUMENTS 2.1 —TABLE OF CONTENTS 2.2—NOTICE TO BIDDERS 2.3 —COMPREHENSIVE NOTICE TO BIDDERS 2.4—SPECIAL INSTRUCTIONS TO BIDDERS (WATER-SEWER) AL TABLE OF CONTENTS 01 — Project Information ® 1.1 — Title Page MS-Word ❑ 1.2 — Location Maps pdf 02 — Front End Documents 2.1 —Table of Contents MS-Word ® 2.2— Notice to Bidders MS-Word ® 2.3—Comprehensive Notice MS-Word to Bidders ® 2.4—Special Instructions to pdf Bidders (water-sewer) ❑ 2.5—Special Instruction to pdf Bidders (paving-drainage) ❑ 2.6— Detailed Project MS-Word Specifications (no drawings provided) 03— MWBE Documentation ® 3.1 — MWBE Special pdf Instructions ® 3.2— MWBE pdf Subcontractors/Suppliers Utilization Form ® 3.3 — MWBE Prime Contractor pdf Waiver ® 3.4— MWBE Good Faith Effort pdf ® 3.5— MWBE Joint Venture pdf 04— Bid Package ® 4.1 — Bid Proposal Workbook MS-Excel 4.3— Bid Schedule MS-Excel ® 4.4— List of Fittings MS-Excel ® 4.5— Pre-Qualified Contractor MS-Excel List 05—General and Special Conditions ® 5.1 — Part C General pdf Conditions (water—sewer) ® 5.2— Supplementary pdf Conditions to Part C (water— sewer) ® 5.3 — Part D— Special MS-Word Conditions (water—sewer) ® 5.4— Part DA—Additional MS-Word Special Condition (water— sewer) ® 5.5— Part E Specifications pdf ❑ 5.6 —Special Provisions (paving -drainage) ® 5.7 -Wage Rates pdf ® 5.8 — Compliance with and pdf Enforcement of Prevailing Wage Rates ® 5.9— Standard Details (water- dwf sewer) ❑ 5.10—Standard Details dwf (paving-drainage) City of loilt Wonh,Texas Table of Contents PMO Release Date 06.10.2010 Page 1 of 2 TABLE OF CONTENTS 06—Technical Specifications ❑ Technical Specs Index 07—Contracts, Bonds and Insurance ® 7.1 —Certificate of Insurance MS-Word ® 7.2—Contractor Compliance pdf With Workers' Compensation Law ® 7.3-Conflict of Interest pdf Questionnaire ® 7.4 -Performance Bond pdf ® 7.5-Payment Bond pdf ® 7.6- Maintenance Bond pdf ® 7.7—City of Fort Worth pdf Contract 08—Appendices ® Easements Index ❑ Permits Index ❑ Reports Index 09—Addenda ❑ Addenda Index 10—SRF Form ® SRF Form City of Fort WoM.Texas Table of Contents PMO Release Date:06.10.2010 Page 2 of 2 SHORT FORM NOTICE TO BIDDERS Sealed proposals for the following: FOR: SANITARY SEWER REHABILITATION CONTRACT LXIV (64) - PART 2 Sewer Project No. P254-702170149387 & P258-702170149387 City Project No. 01493 DOE 3890 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 will be received at the Purchasing Office until 1:30 p.m., March 7, 2013 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers.Contract documents,including plans and specifications for this project may be obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.or&urchasing(and clicking on the project link. This link will take you to the advertised project folders on the City's Buzzsaw site, where the plans and contract documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. This contract is contingent upon release of funds from the Texas Water Development Board(TWDB). All bidders submitting bids are required to be pre-qualified with the requirements of the Special Instruction to Bidders. Hard copies of plans and contract documents are available at the office ofthe design engineer Halff Associates,Inc.,4000 Fossil Creek Boulevard, Fort Worth, Texas, 76137-2720,at a cost of$60 per set(non-refundable). Plans and Specifications will be available for pick-up on Monday,February 18,2013. The major work will consist of the following(All Approximate): SEWER IMPROVEMENTS 125 L.F. 6" PVC Sewer Pipe 767 L.F. 8" DIP Sewer Pipe 1526 L.F. 8" SDR 26 Sewer Pipe 3839 L.F. 8" PVC Sewer Pipe 363 L.F. 8" HDPE By Pipe Enlargement 36 EA. Std. 4' Dia. Manholes All bidders submitting bids are required to be pre-qualified in accordance with the requirements of the Special Instructions to Bidders. For additional information, please contact Rakesh Chaubey, P.E., City of Fort Worth Project Manager — Water Department at Telephone Number: 817-392-6051 or by email: rakesh.chaubey@fortworthtexas.gov, and/or Keith Freeman, P.E.,Project Manager, Halff Associates,Inc. at 817-847-1422 or kfreeman@halff.com. s Advertising Dates: February 14,2013 February 21, 2013 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: SANITARY SEWER REHABILITATION CONTRACT LXIV (64)— PART 2 Sewer Project Nos. P254-702170149387 & P258-702170149387 City Project No. 01493 DOE 3890 Addressed to: CITY OF FORT WORTH PURCHASING DIVISION 1000 THROCKMORTON ST FORT WORTH TX 76102-6311 IN will be received at the Purchasing Office until 1:30 p.m., March 7,2013 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. One set of plans and documents for this project may be purchased for a non- refundable cost of Sixty Dollars($60.00)per set at the offices of Halff Associates,Inc.,4000 Fossil Creek Boulevard, Fort Worth,TX 76137. These documents contain additional information for prospective bidders. Documents may also be obtained free of charge at the City's online bidding system(Buzzsaw). Email the Project Manager listed below for instructions on accessing the online documents. Plans and Specifications will be available for pick-up on Monday,February 18,2013. The major work will consist of the following(All Approximate): SEWER IMPROVEMENTS 125 L.F. 6" PVC Sewer Pipe 767 L.F. 8" DIP Sewer Pipe 1526 L.F. 8" SDR 26 Sewer Pipe 3839 L.F. 8" PVC Sewer Pipe 363 L.F. 8" HDPE By Pipe Enlargement 36 EA. Std. 4' Dia. Manholes Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. NOTICES All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes"of the State ofTexas with respect to the payment of prevailing wage rates and City of Fort Worth Ordinance no.7400(Fort Worth City Code Sections 13-A-221 through 13-A-29)prohibiting discrimination in the employment practices. Bid security may be required in accordance with Special Instructions to Bidders. The City of Fort Worth reserves the right to reject any and/or all bids and waive any and/or all formalities. All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Clean Water State Revolving Fund or Drinking Water State Revolving Fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 title 40,United States Code. Wages to be paid on this project will be governed by the Department of Labor Wage General Decision or Decisions included in the bid documents for this project. No bid may be withdrawn until the expiration of ninety(90)days from the date bids are opened.The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. COMPREHENSIVE NOTICE TO BIDDERS Bidders are responsible for obtain ing all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Addenda Index and Receipt form(s). 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 Keith Freeman, P.E.,of HalffAssociates,Inc.,at 817-847-1422. Bidders,using the printed copy, shall not separate,detach or remove any portion,segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete specification book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time deadline stated below or the bidder may request a copy of said forms from the City of Fort Worth Project Manager named in this solicitation. In accordance with the City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City of Fort Worth contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m.,five(5)City of Fort Worth business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the Water Department to whom delivery was made. Such receipt shall be evidence that the City of Fort Worth received the Documentation. Failure to comply shall render the bid non- responsive. SUBMISSION OF BID AND AWARD OF CONTRACT The proposal within this document is designed as a package. In order to be considered an acceptable bid,the Contractor is required to submit a bid for the complete proposal.A bid proposal submittal that is received with the proposal incomplete will be rejected as being non-responsive. The Contractor,who submits the bid with the lowest price,will be the apparent successful bidder for the project. Bidders are hereby informed that the Director of the Water Department reserves the right to evaluate and recommend to the City of Fort Worth City Council the bid that is considered to be in the best interest of the City of Fort Worth. Bidders must be pre-qualified with City of Fort Worth to secure an award of a project. Not being pre-qualified shall be grounds for rejection of a bid. Any contract or contracts awarded under the Notice to Bidders are expected to be funded in part by a loan from the Texas Water Development Board.Neither the State of Texas nor any of its departments,agencies or employees are,or will be,a party to this Notice to Bidders or any resulting contract.The contract or contracts are subject to regulations contained in 31 TAC,Chapter 363, if effect on the date this contract is executed. For additional information, please contact Rakesh Chaubey, P.E., City of Fort Worth Project Manager — Water Department at Telephone Number: 817-392-6051 or by email:rakesh.chaubey@fortworthgov.org,and/or Keith Freeman P.E., Project Manager, Halff Associates, Inc. at 817-847-1422. TOM HIGGINS MARY J. KAYSER CITY MANAGER CITY SECRETARY By: Tony Sholola, P.E Engineering Manager, Water Department Advertising Dates: February 14, 2013 February 21, 2013 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7)calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whgwe qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which-bids are M to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid k 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 bid bond,the surety must be authorized to do business in the state of Texas. w In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. R 09/10/04 1 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City The provisions of Bight to Audit;under paragraph L of Section CI- Supplementary C,Supplementary To Part C General Conditions,pertain to this inspection (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to gpderbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the , bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: if the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program h 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 09/10/04 2 Lb or privileges of their employment,discriminate against persons because of their age except on the bases 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 aging 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, i retirement plan or statutory requirements. 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. r 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA'),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be 5L obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM,SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be t� received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal,State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. 09/10/04 3 b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. rw C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due + and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. e • ■ r 4 SECTION 3-MWBE DOCUMENTATION 3.1 -MWBE SPECIAL INSTRUCTIONS 3.2-MWBE SUBCONTRACTORS/SUPPLIERS UTILIZATION FORM 3.3 -MWBE PRIME CONTRACTOR WAIVER 3.4-MWBE GOOD FAITH EFFORT 3.5-MWBE JOINT VENTURE A Y 6 k R h FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal Is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MlWBE goal on this project is 18 %of the total bid(Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's MlWBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation, or; 3. Waiver documentation,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. The Offeror shalldeliver the MWBE documentation in p'et's h to th'e app'opiiate empibyee of the managing department and obtain a,dafe/time e receipt. Such receipt shall be.evidence that the City received the documentation in the time.allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: 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 less than opening date,exclusive of the bid opening date. stated goak ` 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: I opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. o ening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions,please contact the Mf BE Office at(817)392-6104. Rev. 1111105 i ATTACHMENT IA Page 1 of 4 FQR�TWORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M=/DBE NON-M/W/DBE BID DATE City's M/WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER 18% % 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 w 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 1 st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business .. Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT IA F-ORRTWOORRT-H� Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status; Le.,Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail , Address e M WC X M Subcontracting Work Supplies Purchased Dollar Amount T D W Telephone/Fax r B B R O B E E C T E A { F w r +i M r r I Rev.5/30/03 I ATTACHMENT 1A FORTWORTH Page 3 of 4 R 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. a Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name ; N T Detail Detail Address i M wC X M Subcontracting Work Supplies Purchased Dollar Amount F Telephone/Fax r B B R O B E E C T E A Lr ■ r Rev.5/30/03 i ATTACHMENT 1A FORT WORTH Page 4 of 4 r Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. ., By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Wd Authorized Signature Printed Signature We Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address r City/State/zip Date s Rev.5/30/03 ATTACHMENT 1 B 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: MAA//DBENON-MM//DBE BID DATE City's M/WBE Project Goal: PROJECT NUMBER 18 If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on _ this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5.00 p.m., five(5) City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project,this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MNVBE(s) on this contract, the payment therefore and any proposed changes to the original MNNBE(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 MAIVBEs 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. w Authorized Signature Printatt Signature Title Contact Name(if different) r Company Name Phone Number Fax Number Address Email Address r. C4/Stats2ip Date e Rev.5130/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: M/W/DBE NON-MNV/DBE BID DATE City's MIWBE Project Goal: PROJECT NUMBER 18% If you have failed to secure MlWBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (6) City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity] for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OFF� IRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets,if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.05/30/03 r ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing t t- No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MfWBE 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 M1WBE firm, ep rson contacted,phone number and date and time of contact.) No y NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and ' documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the F bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/suppile r opportunity is ten (10) or more, the bidder`must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets,if necessary,and attach. Company Name -Telephone Contact Person Scope of Work Reason for Rejection • Rev.05130103 F ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: 4 Please provide additional information you feel will further explain your good and honest efforts to obtain M/VIIBE participation on this project. J r 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 r terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) d Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.05/30/03 41 Joint Venture FORT WORTH Page 1 of 3 CITY OF FORT WORTH Joint Venture Eligibility Form r All questions must be answered;use"NA"if applicable. Name of City project: A joint venture form must be completed on each project ■ RFP/Bid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Lb 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 M/WBE firmNon-M/WBE name: T firm name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile or Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: Ir 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: r P r r r r r Rev.5130103 Joint Venture Page 2 of 3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward T 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: ar 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-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating +� ----------------------------------------------- b. Marketing and Sales----------------------------------------------- - c. Hiring and Firing of management personnel ----------------------------------------------- d. Purchasing of major equipment ... and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MANBE 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 work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev.5/30/03 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 M/WBE firm Name of non-M/WBE firm P1 Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner w• Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date r Notarization M 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 r "(Name Notary Public Sig AMM Commission Expires (seal) Rev.5/30/03 ■ w SECTION 4-BID PACKAGE 4.1 -BID PROPOSAL WORKBOOK 4.3 -BID SCHEDULE 4.4-LIST OF FITTINGS 4.5-PRE-QUALIFIED CONTRACTOR LIST PROPOSAL TO: The Purchasing Department Fort Worth, Texas City of Fort Worth, Texas FOR: SANITARY SEWER REHABILITATION, CONTRACT LXIV (64) - PART 2 City Project No.: 01493 Sewer Project No.: P254-702170149387 &P258-702170149387 DOE No.: 3890 Pursuant to the foregoing"Notice to Bidders,"the undersigned has examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director, Water Department of the City of Fort Worth. If required by this project, Contractor must be pre-qualified in accordance with the projects sponsoring Departments of the City of Fort Worth requirements. Upon acceptance of this Proposal by the City Council and required by this project,the bidder is bound to execute a contract and furnish Performance, Maintenance Bond for the water replacement contract only, and Payment Bond approved by the City of Fort Worth for performing and completing said work within the time stated for the following sums,to wit: Total quantities given in the bid proposal may not reflect actual quantities, by represent the best accuracy based on a reasonable effort of investigation;however,they are given for the purpose of bidding on and awarding the contract. Proposal-1 Sanitary Sewer Rehabilitation,Contract LXIV(64)Part,2 Sewer Project No.P254-702170149387 Unit I(SRF Funded) DOE No.3890' PAY CPMSAPPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORD PRICE BID 1 BID-00= 375 LF •Pipe-sewer 8 Incl,(Al Depths)-Instal(DIP) 3 j�joo.08 wiN Proledo 401 e lrj 4).Clxw 00 MOLL_Dolam ts rl p_Cents : $ per Linear Foot 2 BID-003.32 20 LF •Pqx-Sewer 8 Inch(AI Depths) with Cement Stablized Baddi -Instal,(D�II�P)yyw�it�h Prdecto 401 hDoffarsa r\ NUCents = 90.0c) s QU .Q .per Linear Foot 3 BID-00332 315 LF •Pipe-Sewer 81nch(Al Depths)-IrWall(DIP with Pros o 40 By tr,er Tina�1re c 2'1. •t)d (09l 3�•°D Doaars Cents -0 per Linear Fool 4 BID-003.50 710 LF •PipeSewer 8 Inch-SDR 28(Al Depths) -Instal 51 DORM a Cents $ OG per Linear Foot 5 BID-OW51 2,675 LF •P4 Sewer 8 Inch PVC(Al Depths) -Instal SI Xt1A Dolars a N J Cents $ `r Q' $1110011500-00 per Linear Foot 8 BID-00351 20 LF 'Pipe-Sewer 8 Inch PVC(M Depths) with Cement SlabizBackfa-Instal 4 Delana a YID Cents $ 5 0 Q $ 0.0 (J per Linear Foot 7 BID-00959 365 LF "Pip"Inch HDPE by Pepe Elargerne t Tedrtiqum-Instal •V e Dollars a Y1.o Cents 8 p o $ S 00 per Linear Fool 8 BID-00354 35 LF Sewer SerAc"Inch - In "jon Private Properly 5 7� per Linear Fool &"`Contractor Shall Com lett City Approved Product Form on Page Proposal-12 Proposal-2 PAY CPMS APPROK DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID • 9 1310.00100 1 LS Storm Water Pollution Prevention Plan>Then 1 Ac SWPPP-Instal _ -a -U 0 !��Oyy-wj Dollars a O cents s Zoos ao 5'L000'0D per Lump Sum 10 BID-00131 670 SY Grass a Hydramulrh-Install '� �� Dollars& per �7�� Square Yard NIU Cents $ 3. 00 s LTJ 1 y•oo 11 BOD-00181 1 LS Trarffic_Control-Instal ,,� �Aa =6,Y- 411 oyS tM't ..& A OCants Per Lump Sum sNWO-oO s4066•O8 12 SID-00198 24 EA Color-manhole-32 Inch-Frame& � MAf�M Dollars& Q N O cents $ Q.O0 s l •00 per Each 13 BID-00201 4,620 LF Inspectfon-Post Construction Cleaning&TV —SbidY Re Dollars& M o Cents $ 1.00 �p20•00 per Linear Foot 14 BID-00202 5.160 LF Inspection-Prawnstr uction Cleanhg&TV -S" 4w 0 Dolan& s rev Cents 2.O s 10 3,10.OO per Linear Foot 15 BID-00208 19 EA MaNwle-Remove- lI res Ir•WW/Y. Dogars& Cents 06. v o : o•oa per Each 18 SID-00208 2 EAMentals-Remora Ur er Abandon Lover DollarsCents f VCO•/W Soo •oV Per Each " &"`Contractor Shall Complete City Approved Product Form on Page Proposal-12 s Proposal-3 PAY CPMS APPROX. 11 DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID ' 17 BID-00208 1 EA Remove Edatlng Vent O Dollars 8 vtD cants E .pO E 200 =00 ' per Each 1a BID-00211 30 VF manhole-paint 8 Costinonterior Protective Coating-Install r L Cents E �JO. OtJ E��7 QQ •O� per Vertical Foot 19 BID-00213 23 EA Manhole-Std 4 Ft Diem(b 6 Ft Depth) -Instan ,yy AA ((Q �fIt01.Sifrtf7. cents 8 n O Cents E3 V DO •Oa per Each 20 BID-00214 47 VF Manhole-Std 4 A DiamAdded Depth(over 0 Ft Depth) Install Dm Donors 8 vty Cents E 100-0( o0•0o per Vertical Foot 21 BID-00217 23 EA Manhole-VS ices Dollars 8 ta Cents E Iib.0 :3NSG•o a per Each _ 22 BID-00225 25 IF PWag Aquatmard for Spa -Rehab skmDalars 8 as Conte : O.Oa s17S0 00 per Linear Foot 23 BID-00354 90 IF Sewer Serviced Inch -Instal on Private Pry�yppe�rty .�tnit'iAt ZVC Dollars& Cents S 7 5.�� $175 0•�0 per Linear Foot 24 BID410355 100 EA Scr Se jce4I S"9 Tap-Instal I'ed vara 8 yl J Cents E O. 07t S (J d0 per Each &"•Contractor Shall Complete City Approved Product Form on Page Proposal-12 ProposaW a PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ® ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID i 25 BID-00358 2 EA Sewer Service-4 Inch-2 Way Clean Out-Instal Ins1�`p Pd ate l l oon n Dollars a 41-)—Cents $ s fool)•023 per Each 28 BID-00372 3,500 LF Trench Safety System 5 Foot Depth-Instal —SIN a Dolars a 'O Cents sobs / 7• OU per Linear Foot 27 BID-00418 195 SY AleN-Crushed Stone'Instal ASC �!L Dollars a VVMents $ 12.oa :23K©.00 per Square Yard 28 BID-OD423 15 LF Curb and Gutter-In 1 t V Dollars 8 C Cis $ 5.0-0 s-57'.5-.06 per Linear Foot Pavement-Additional HMAC Repair Beyond 29 SID-00430 300 SY Trench YVM Instal Th,fITN Dalarsa it a Cents $ I -0z) .".Do per Square Yard Pavement-2 Inch Min HMAC on 2F27 30 BID-00443 2,825 LF Conor I B (2000-1A)(M-M)-Install 4W O popars 8 rtt7 Cents $ LZ.0(7 : 2 15,0-00 per linear Foot 31 BID-OD 58 235 SY Pavement-Concrete on=7 Concrete Base (2000-2)(STR-03 -Instal VDolars& V%0_Cen s s VJ� 0 i 5 2757.00 per Square Yard 32 SID-00473 25 SY PavementyV,al�ley Gutter-Instal Dolars& r+D Cents $ oa s�SDa•b� per Square Yard • " &"`Contractor Shall Com fete Cky Approved Product Form on Page Proposal-12 Proposal-5 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID 33 BID-00628 45 SF Walk- oncrete-Instal XA/tvN Dollars a KD Cents s 7,o O s 31,,57 O per Square Foot 34 BID4)0542 7 EA Dehole-Exploratory Ex vation Study S 1y �M/r�r�Dollars a ��� ,�, -, .n n Cents s [�lJll s HZ 00.oa per Each 35 BID4)0837 5 CY Concrete-Twe B-In a�l. CYV_ ;IJ Dollars& /42cents S100-g-0 s 00•a s per cubic Yard 38 BID-00839 5 Cy Concrete-Type E-Install ,e A6,, " Dollars a Cents $ g0-0-0 s 40 a . o o per Cubic Yard 37 BID-00841 20 LF Concrete Encasement-Install ♦ c rl1A �l C Dollars a .amu cents s woo $100-00 per Linear Foot 38 BID-00901 770 LF Pipe-Abandon and Fil with Flowable Material (4 to 12 Inch Pipe) 1 Dollars& Acp Cents s 6-0-0 &2,0-06 per Linear Foot s &'•'Contractor Shall Complete City Approved Product Form on Page Proposal-12 Unit I(SRF Funded)TOTAL $ 02 .D (Transfer Total to Page Proposal-13) R T ■ t• Praposat-6 ■ Sanitary Sewer Rehabilitation,Contract LXIV(64)Part 2 Sewer Project No.P258-702176149397. Unit 11(Cit Funded) r DOE No.3890 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID 1 131D-00332 80 LF •Pipe-Sewer 8 Inch(AI Depths)-ketal(DIP) with Proteclo 401 ` {1� fit•v C Dollars& vto cents = 00 E�Dt-O0•UC7 per Linear Foot 2 BID-00350 820 LF -Pipe-Sewer 81ndfSDR 26(AI Depths) -In!tau Dollars& T-tel b Cents �Q A O a i O•OD per Linear Foot 3 8I0-00351 1,170 LF 'Pipe-Sewer 81nch PVC(AB Depths) -1 l� } Dollars& 1Dcents = �•00 _ („'�8't�b,oQ per Linear Foot 4 BID-00331 125 LF -Pipe- r1-6 Inch-PVC(AE Depths)-[mug Dollars& t / VVID Cents E 5Jr•0� $ldS7S O'O per Linear Foot 5 BID-00068 30 CY Erosion ContraMattrese(9"Galton) Install fhCt.Odlars& N Ce & 5�00.Op t-/GG d OO•do per Cubic Yard 6 BID-00100 1 LS Shim Watery Pollution Prevention Plan>Than Dollars 8 Vt V Cents per Lump Sum 3��•OO fZi�/Cd a0 • 7 BID-00129 40 LF F ce Priva Stone)-Install Dollars& ✓1 L7 Cents per Linear Foot $ 20•00 $b 00 -OCA * **,&***Contractor Shall Complete City Approved Product Form on Page Proposal-12 Proposal-7 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT I BID PRICES WRITTEN IN WORDS PRICE BID fr■ a 13ID-00131 845 SY Gra Bermuda Hydromulch-Instal I Dollars& i k$ Cents per Square Yard s s (p G&.00 9 13ID-00132 95 SY GrassrBermucla Sod-Install s UZ Dollars& 11L"CCents l per Square Yard s .00 s LJ-7-5'.0 10 BID-00181 1 LS Trafrfi�c_Control-Instal Tr/r ��OV 50,1j Dollars& i A 0 Cents I per Lump Sum s 00 3H 000 -tin t 1 BID-00198 13 EA Collar-Manhole-32 011e-321nch-Frame& -In hu W Dol.&tall �Op•0 4,5700-00 4O Cents s s per Each 12 13ID-00201 2.195 LF Inspection-Post Constructlon Clearing 3 N Study Ott -Dollars& r n,oCents s 1.00 s 21q�00 per Linear Foot 13 BID-00202 3,875 LF Inspection-Preconstruction Clearing&N a -Study -�'1a►O Dollars a �fC no Cents i . L s 71 J0 per Linear Foot R 14 BID-00201 250 LF Inspection-Post Construction Cleaning&N - Study(Storm Drain) 0 Dollars S . Cents .Da 25'0. 00 per Linear Foot 15 BID-00202 250 LF Inspection-Preconstruction Cleansing&N Study(Storm Drain) 4wo Dollars a n %!) Cents $5-60 .00 r per Linear Foot 16 BID-00205 2 EA MaMole- and ■ iwo lass 8 G - yU, Cents s 150•Ud SJtJf�. O per Each &"*"Contractor Shall Complete City Approved Product Form on Page Proposal-12 Proposal-8 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID 17 BID-00206 3 EA M -R71 ite�v'eIy,y^M''' I�,ww • Dollars& y 1.cJ Cents 3 300.00 s .C)0 per Each 18 BID-00211 18 VF Manhole-Paint&Coating-interlor Protective Coating—1tall 8 Cents $ l SO.00 $ Q(j,0O per Vertical Foot 19 BID-00213 13 EA Manhole-Std 4 Fl Diarn-M 5 Ft Depth) —Instal W 4-4k Dollars& L.:aCents S 3��.00 per Each 20 BID-00214 47 VF Manhole-Std 4 Fl DWn Added Depth(over 6 R Depth)—nstal AM WAUL&A Dollars& V'-Q Cents $ 100-00 s N7ao.0 0 per vertical Foot 21 BID4)0217 13 EA Mant Vacu Tet—Pa �*C DoAars& Cents : 156-oo s IgSb•Od per Each 22 BID-00354 645 LF Sewer Service-4 Inch —Instal on Private Properly Awh3 oolars& VAD Cents $ OD $ per Linear Foot 23 BID400355 15 EA Service-4 Inch e ' Tap—Install rI Dollars& ti.b Cents $ "4500.0c)— per 4700•0c)per Each ® 24 BID-00356 15 EA Sower Servlm4 Inch-2 Way Clean Out —I ,l e,P vale Pr pert' t Iv_�JI 0.1 N D Cents p'O ✓oa.Ob ents =56 d• :�7 per Each &`•`Contractor Shall Complete City Approved Product Forth on Page Proposal-12 F Proposal-9 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID 25 BID-00362 1 EA Sewer Servic"kmh-2 Way Clean Out -Instal on Private P Dollars& YV0 Cents 0, 00 ,S'0(),O O per Each 26 BID-00372 2,020 LF Trench Safety System 5 Foot Depth-Install W� Dollars& t/LL)cents 3 2. 0 0 S 40y 0.00 per Linear Foot 27 BID-00404 75 SF D' 6 Inch-Install till- Dollars& .,a,& Cents 3 . S •�6 ' per Square Foot 28 BID-00416 20 Sy Alley-Crushed Stone-Install 14t Dollars& n Z 0 0 o cents $ $ 2Nd• 0c) per Square Yard 29 BI1340423 35 LF Curb and Cutter-Instal ,+,L L 61A tA'V C Dollars&. Oa 7 %o Cents S i 2 47,CPO per Linear Foot Pavement-Additional HMAC Repair Beyond 30 BID-00430 300 SY Tren-�hWidth-Instal �'h1 Dollars& f, A OCents S `l b• 00 S 'N LI DW•Od per Square Yard Pavement-2 Inch Min HMAC on 2117 31 BID-00443 1,325 LF Concrete Base(20041A)(STR-029)-Install V 1 Dollars& Vl b Cents $��•00 3 8,00-co per Linear Foot 32 BID-"28 20 SF Walk-Co aete-Instal I, �-- Dollars& Q. K uCants $ O• dO $ Noo.,00 per Square Foot &"'Contractor Shall Com C-Ity Approved Product Form on Page Proposal-12 w ■ Proposal-10 PAY CPMS APPROX. DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM No. QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE BID 33 BID4)0542 3 EA Dehole-ExNoratory,i�``xxcava -Study �Ihk W WvYDollars& �, IA n Cents i 00.00 $ +/ &W. O per Each 34 BID-00837 5 CY Concrete-Type B-! tall Dollars 8 Cents $1 00.00 sS00,OD per Cubic Yard 35 BID-00839 5 Cy Concrete-Type E-Instal Q t Dollars 8 .n Cents $ 0. 0o i HOa•0 0 per Cubic Yard 36 BID-00841 60 LF Concrete Encasement-Install LAAMnA S'V L Dollars 8 LA LJ Cents i ZS. v 0 S 100•Oo per unear Foot 37 BID-00901 2,510 LF Pipe-Abandon and Fill with Floweble Material (4 to 12 Inch Pipe) Sl X Dollars& yp Cents i (0,00 i A Db O.OD per linear Foot &"««Contractor Shall Complete City Approved Product Form on Page Proposal-12 22 UNIT it(City Funded)TOTAL SS J (Transfer Total to Page Proposal-13) Proposal 11 CITY APPROVED METHOD AND APPROVED PRODUCT FOR*, **AND... CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec No. Size E1-31 4"through 36" E1-25 4"through 15" E1-27 4"through 15" E1-28 18"through 48" E100-2 18"through 48" Consult the"City of Fort Worth,Texas,Texas Standard Product List"to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Contractor to indicate Pipe Enlargement Method being used: JPIM Method Name of Subcontractor: T.R.S.System Name of Subcontractor. McConnell Method Name of Subcontractor: Note: Only tee service connections will be allowed. CONTRACTOR TO INDICATE TRENCHLESS METHOD, IDENTIFY APPROVED LINER PROCESS,AND PROVIDE NAME OF CONTRACTOR FOR INSTALATION: Cured-in-Place Pipe(CIPP) / (Approved CIPP Liners:Insitufonn; Approved CIPP Liner Name of contractor for Installation National Liner,and Inliner) Fold and Form Pipe(FAFP) / (Approved FAFP Liner. U-Liner) Approved FAFP Liner Name of Contractor for Installation Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project. Any substitutions shall result in rejection of bid as non-responsive. Proposal-12 SUMMARY OF BIDS PROJECT BID TOTAL: Unit I Subtotal (SRF Funded) $ G02 , 125-00 Unit II Subtotal (City Funded) $ 10, (Q-10-00 Total * $ l Z�25, Old *This total to be read at Bid Opening Proposal-13 Within ten (10) days after notification by the City of Fort Worth,the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. If as a requirement of this project,the undersigned bidder certifies that they have been furnished at least one set of the General Contract Documents and General or Special Specifications for Projects, and that they have thoroughly read and completely understand all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assured that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction with ten(10)calendar days after issue of the work order and to complete the contract within 200 days after beginning construction as set forth in the written work order to be furnished by the Owner. (Circle and complete A or B below, as applicable) A. The principal place of business of our company is in the State of a. Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. b. Nonresident bidders in the State of , our principal place of business,are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. i' Receipt is acknowledged of the following addenda: R_espectfull ub4itt , Addendum No. 1: By: Addendum No. 2: Ipp _ Addendum No. 3: Title• res(1t�C l d— Addendum No. 4: Addendum No. 5: C any: p{�-�-,�a ice, �Cl�l/i cis., L�C Addendum No. 6: h /J Address: _go S ��i✓� V'f-[< (�U [Affix Corporate Seal] Date: Proposal-14 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required too underbid a nonresident bidder in order to obtain a comparable contract in the State in which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or nonresident bidders in order for your bid to meet specifications. The failure of out-of-state or nonresident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. S A. Nonresident vendors in (give State), our principal place of business, are required to be percent lower than resident bidders by State law. A copy of the Statute is attached. Nonresident vendors in (give State), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. BIDDER: Co pany (Please print) I�® (/F• Put /d Signature: Address ell � &,x, TitlJ(e ,iAv�� City/State/Zip (Please print) a THIS FORM MUST BE RETURNED WITH YOUR QUOTATION LIST OF Select Fitting Type FITTINGS ADD OR SUBTRACT FOR THE FOLLOWING Select Fitting Type FITTINGS INCLUDING INSTALLATION WT PER TOTAL- FITTING WEIGHT COST QTY SIZE OF FITTING TYPE OF FITTING lb Ib "Y TOTALS 0 $0.00 Total Weight= 0 lbs or 0 Tons Contractor shall fill in blanks for"Wt per Fitting", "Total Weight"and "Cost" as a part of the bid. Contractor is responsible for correct quanity total of all fittings and specials. PRE-QUALIFIED SUB-CONTRACTOR LIST R SUB-CONTRACTOR Indicate Detail Company Name Units)/Section(s) Subcontracting I Address Working Work T I h E Ii I , I� c i r: A SECTION 5-GENERAL AND SPECIAL CONDITIONS 5.1 -PART C GENERAL CONDITIONS (WATER-SEWER) 5.2-SUPPLEMENTARY CONDITIONS TO PART C (WATER-SEWER) 5.3 -PART D-SPECIAL CONDITIONS (WATER-SEWER) t 5.4-PART DA-ADDITIONAL SPECIAL CONDITION (WATER- SEWER) 5.5-PART E SPECIFICATIONS 5.7-WAGE RATES 5.8-COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATES 5.9-STANDARD DETAILS (WATER-SEWER) e Ir PART C- GENERAL CONDITIONS TABLE OF CONTENTS OCTOBER 19, 2009 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) Cl-1.2 Contract Documents Cl-1 (2) C1-1.3 Notice to Bidders C1-1 (2) F C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) Cl-1.6 General Conditions Cl-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bonds C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) F C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (3) C1-1.18 Director, City Water Department C1-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor C1-1 (3) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Days C1-1 (4) C1-1.25 Legal Holidays C1-1 (4) C1-1.26 Abbreviations C1-1 (4) C1-1.27 Change Order C1-1 (5) - C1-1.28 Paved Streets and Alleys C1-1 (5) C1-1.29 Unpaved Streets or Alleys C1-1 (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2 (2) • C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2(3) C2-2.6 Bid Security C2-2(3) C2-2.7 Delivery of Proposal C2-2(3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2(3) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2.11 Irregular Proposals C2-2(4) C2-2.12 Disqualification of Bidders C2-2 (4) C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) C3-3.5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (3) _ C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) _ C3-3.15 Venue C3-3 (7) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4(2) C4-4.5 Extra Work C4-4(2) C4-4.6 Construction Schedule C4-4(3) C4-4.7 Schedule Tiers Special Instructions C4-4(6) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) w C5-5.8 Authority and Duties of City Inspector C5-5 (3) R C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBH= C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials, and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets,Alleys, C6-6 (3) and Right-of-Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6 (10) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of The Work C7-7 (1) C7-7.4 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7 (3) C7-7.8 Extension of Time Completion C7-7 (3) (3) C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7 (4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7 (8) C7-7.17 Safety Methods and Practices C7-7 (11) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) C8-8.8 Final Payment C8-8 (3) C8-8.9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) PART C-GENERAL CONDITIONS C 1-1 DEFINITIONS SECTION C1-1 DEFINITIONS CI-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are in all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc., which govern the terms and performance of the contract. These are contained on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS (Sample) White PART B -PROPOSAL (Sample) White PART C -GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E- SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F-BONDS (Sample) White PART G -CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A -NOTICE TO BIDDERS (Advertisement) same as above PART B -PROPOSAL (Bid) PART C-GENERAL CONDITIONS PART D -SPECIAL CONDITIONS PART E- SPECIFICATIONS • PERMITS/EASEMENTS PART F- BONDS PART G-CONTRACT PART H-PLANS (Usually bound separately) C1-1 (1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to ' perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal, which becomes binding upon the Bidder when it is officially received by the Owner,has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. i C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Whenever there may be a conflict between the General Conditions and the Special Conditions,the latter shall take precedence. . C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements 7 which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an t useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes, etc., such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and faithful performance of the contract and include the following: a. Performance Bond(see paragraph C3-3.7) b. Payment Bond(see paragraph C3-3.7) C. Maintenance Bond(see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 (2) C1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The City of Fort Worth,Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth,Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth,Texas. 6- C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth,Texas, or his duly authorized representative. C1-1.17 DIRECTOR OF PUBLIC WORKS: The officially appointed official of the City of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly Ph authorized representative. C1-1.1$ DIRECTOR CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. i C1-1.20 CONTRACTOR: The person,person's,partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as are required with and for the Contractor. The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 C1-1.24 CALENDAR DAYS: A calendar day is any day of the week or month, no days being excepted. C1-1.25: LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 1. New Year's day January 1 2. M.L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Forth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on a Saturday, the holiday shall be observed on the preceding Friday, or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar as the holiday. C1-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents, the intent and meaning shall be as follows: C1-1 (4) i ■ r w AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation ® Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.L - Ductile Iron 1k C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25%of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment, not including an oiled surface, with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1 (5) C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for"Paved Streets and Alleys." ' C1-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1.31 ROADWAY: The roadway is defined as the area between parallel lines two (2') back of the curb lines or four (`4) feet back of the average edge of pavement where ' no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. a Cl-1 (6) r SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL Ph 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 Qpgni Lng of bids. R The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by , an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and no more than one(1)year old. In the case that bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10)percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been completed not more than five (5) years prior to the date on which Bids are to be received. The Director of the Water Department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and • state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal forms or other parts of the Contract Documents will be considered as gpproximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2(1) C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the Owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent research and investigations, tests,boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents " and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the-submission of a proposal is prima-facie evidence that the bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions -. actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, on the plans are for general information only and may not be correct. Neither the Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices, written in ink in both words and numerals, for which he proposes to do work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy between price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member of the firm, association, or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power C2-2(2) i , of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, erasures, or irregularities of any kind, or contain unbalanced value of any Nk items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2.6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and the amount indicated in the "Notice to Bidders" and the "Proposal." The Bid Security is required by the Owner as evidence of good faith . on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders." It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope W plainly marker with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders." The envelope shall be addressed to the City Manager,City Hall, Fort Worth,Texas. s C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals. A request for .• non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non- consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager �* prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening ' time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time,no further consideration will be given to the proposal. C2-2(3) C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly ' opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the"Notice to Bidders."All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as "Irregular" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the Owner reserves the right to waive any all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to,the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part"A"-Special Instructions 2. A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS ek SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices,the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of the unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the ward of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as may be considered for the best interest of the Owner. C3-3.2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6)months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the ■ Contractor.Appropriate notices may be acquired from the Equal Employment Officer. C3-3.4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner, it cannot be withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 (1) C 3-3.5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if award is made, will be to the lowest and best responsive bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3.6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3.7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND: A good and sufficient performance bond in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article C3-3 (2) r 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56h Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3.8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner, the Contract and such bonds as may be required in the Contract Documents. No Contract shall be binding upon the Owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3.9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the owner as an abandonment of his proposal, and the owner may annual the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occurring to the owner by reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which the Owner will w C3-3 (3) A suffer by reason of such failure on the part of the Awardee and shall thereupon immediately by forfeited to the Owner. ' The filing of a proposal will be considered as acceptance of this provision by the Bidder. s C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization ' usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company will, within ten (10) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3.11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract,Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Worker's Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, ' Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors). C3-3 (4) r r 2. Blasting,prior to any blasting being done. ,. 3. Collapse of buildings or structures adjacent to excavation excavation are performed adjacent to same). F 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-ground structures are involved). 6. Contractual Liability (covers all indemnification requirements of Contract). r d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500,000 on account of one accident, and automobile property damage insurance in an amount not less than$100,000. r 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 r be encountered in the performance of the Contract. w f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. w g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with whom the Contractor's insurance and C3-3 (5) performance, payment, maintenance and all such other bonds are written, shall be represented by an agent or agents having an office located within the city limits of the City of Fort Worth. Tarrant County, Texas. Each such agent shall be a duly qualified, one upon whom authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth- Dallas area. The name of the agent, or agents shall be set forth on all such bonds and certificates of insurance. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment of wages to all persons engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor's principal base of operations be other than in the Fort Worth- Dallas metropolitan area, notification of the Contractor's assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all 4 C3-3 (6) R ■ appropriately signed and sealed, as applicable, by the Contractor's responsible offices with the understanding that this written assignment of authority to the local representative shall become part of the project Contract as though bound directly into the project documents. The intent of these requirements is that all matters associated with the Contractor's administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of the Engineer, the Engineer, at his sole discretion, may demand that such local representative be replaced and the Engineer may, at his sole discretion, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County,Texas. r ■ 4 • Ir • • C3-3 (7)