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Contract 26328
CITY SECRETARY D.O.E. FILE CITY SECRETARY i SPECIFICATIONS CONTRACT NO. ��� CONTRACTOR'S BONDING CO. CONSTRUCTION'S COPY AND CLIENT DEPARTMENT CONTRACT DOCUMENTS FOR MAIN 64, 641119 1809 180R, AND 445 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION 8& IMPROVEMENTS (GROUP 3, CONTRACT 2) PART 6, UNIT I (SECTIONS A & B) AND UNIT II AND 1998 CAPITAL IMPROVEMENT PROJECT (WEST ARLINGTON AVENUE FROM FOREST PARK TO WEST DEAD END) UNIT 1, SECTION A DOE No. 2698 UNIT 1, SECTION B DOE No. 2061 SEWER PROJECT NO. PS 46-070460410100 PAVING PROJECT NO. GS 67-020670410010 IN THE CITY OF FORT WORTH, TEXAS Hugo Malanga, P.E. A. Douglas Rademaker, P.E. Dale A. Fisseler, P.E. Director Director Director Transportation & Public Works Department of Engineering Water Department PREPARED BY DUNAWAY ASSOCIATES, INC. ENGINEERS.PLANNERS. SURVEYORS ' 1501 Merrimac Circle, Suite 100 (E OF• Fort Worth,Texas 76107 i CO�P.••• qqq '• y�,��� Phone 817.335.1121 Fax 817.335.7437 FEBRUARY 2000 '* """""""' BRIAN S. DARBY ; .. ., DAI No. 9721700 '> -.qq 8 2 6 2 3 .'..0" 6AKWA PENA �;;/.NAL NGS GIS c"�'< G vi z City of Fort Worth, Texas 4Vsoyor and lZoundt Communication DATE REFERENCE NUMBER LOG NAME PAGE 10/10/00 **C-18279 1 30LING 1 of 2 SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR MAINS 64, 64R, 180, 180R AND 445 DRAINAGE AREAS SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 3, CONTRACT 2) PART 6, UNIT 1, SECTIONS A AND B, INCLUDING PAVEMENT RECONSTRUCTION OF WEST ARLINGTON AVENUE FROM FOREST PARK BOULEVARD TO WEST DEAD END RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of $549,639 for Mains 64, 64R, 180, 180R and 445 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 3, Contract 2) Part 6, Unit 1, Sections A and B, including pavement reconstruction of West Arlington Avenue from Forest Park Boulevard to west dead end. DISCUSSION: On February 10, 1998 (M&C C-16586), the City Council authorized the City Manager to execute an engineering agreement with Dunaway Associates, Inc. to prepare plans and specifications for the reduction of inflow/infiltration in the sanitary sewer Mains 64, 64R, 180, 180R and 445 drainage areas. The sewer portion of the project is part of the City's Integrated Wet Weather Wastewater Management Program to comply with an administrative order from the U.S. Environmental Protection Agency to eliminate sewer overflows from the City's wastewater collection system. The sewer portion of the project consists of the replacement of the following sanitary sewer laterals and main: • L-1150 Beginning from a point located 150 feet west and 350 feet south of the Colonial Avenue/Park Place Drive intersection, southerly 300 feet along Park Place Drive, then easterly 150 feet; and • L-2833 Beginning from a point located 150 feet south and 150 feet west of the Bellaire Circle/ South Hills Circle intersection, southwesterly 280 feet, then northwesterly 350 feet; and • L-2841 Beginning from a point located 350 feet west of the Alton Road/South Hills Avenue intersection, southerly 150 feet, southwesterly 100 feet, westerly 550 feet, then southwesterly 400 feet; and • L-5568 Beginning from the Rockridge Terrace/West Arlington Avenue intersection, northerly 150 feet, westerly 200 feet and 200 feet southerly along Kensington Drive, westerly 250 feet along West Arlington Avenue, then southwesterly 150 feet; and • M-7 Located in the alley between Highview Terrace and Boyd Avenue from Park Hill Drive to Manchester Street. P City of Fort Worth, Texas 4toolair and CoundlCommunication DATE REFERENCE NUMBERLOG NAME PAGE 10/10/00 **C-18279 30LING 2 of 2 SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR MAINS 64, 64R, 180, 180R AND 445 DRAINAGE AREAS SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 3, CONTRACT 2) PART 6, UNIT 1, SECTIONS A AND B, INCLUDING PAVEMENT RECONSTRUCTION OF WEST ARLINGTON AVENUE FROM FOREST PARK BOULEVARD TO WEST DEAD END The proposed sewer improvements consist of the replacement of 4,200 linear feet of 8-inch sewer pipe. The project is located in COUNCIL DISTRICTS 3 and 9, Mapsco 76P and S. The paving improvements on West Arlington Avenue from Forest Park Boulevard to west dead end include HMAC (hot mix asphalt concrete) pavement, standard concrete curb and gutter, driveway approaches and sidewalk where shown on the plans. The project was advertised for bid on April 6 and 13, 2000. On May 4, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Stocker Enterprises, Inc. $549,639 140 Calendar Days B&H Utilities, Inc. 622,414 Whizcon Utilities, Inc. 670,539 William J. Schultz, Inc. d/b/a Circle "C" Construction Company 679,459 In addition to the contract cost, $39,000 is required for inspection and survey and $17,000 is provided for project contingencies. The contingency for possible change orders for street reconstruction is$6,838. Stocker Enterprises, Inc. is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on this project is 22%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the State Revolving Fund- Sewer and the Street Improvements Fund. MG:k Subndtted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: A.Douglas Rademaker 6157 (from) OCT 10 20M PE42 541200 070420418320 $412,879.00 Additional Information Contact: C115 541200 020115040604 $136,760.00 "`' City Secretary of the City of Fort Worth,Texas A.Douglas Rademaker 6157 TABLE OF CONTENTS PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) PART B UNIT 1 MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL - SECTION A PROPOSAL - SECTION B CITY APPROVED PRODUCT AND METHOD UNIT 2 MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL CITY APPROVED PRODUCT AND METHOD BID SUMMARY PART C GENERAL CONDITIONS PART Cl SUPPLEMENTARY CONDITIONS TO PART C PART D SPECIAL CONDITIONS (WATER DEPARTMENT) PART DA ADDITIONAL SPECIAL CONDITIONS (WATER DEPARTMENT) PART DAA SPECIAL CONDITIONS FOR STREET & STORM DRAIN IMPROVEMENTS (T/PW DEPARTMENT) PART E SECTION E SPECIFICATIONS SECTION E100 - MATERIAL SPECIFICATIONS PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW 9721700—Part6—Specs_BSD.doc i TABLE OF CONTENTS EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND PAYMENT BOND r- MAINTENANCE BOND PART G CONTRACT APPENDIX A DETAILS APPENDIX B EASEMENT DOCUMENTS TEMPORARY RIGHT-OF-ENTRY AGREEMENT APPENDIX C TWDB CONTRACT CONDITIONS S.R.F. CONTRACTOR'S ACT OF ASSURANCE CONTRACTOR'S ACT OF ASSURANCE RESOLUTION APPENDIX D WASTEWATER ACCESS CHAMBER SPECIFICATIONS APPENDIX E SOIL BORING RESULTS APPENDIX F SILICONE JOINT SEALING SPECIFICATIONS APPENDIX G GEOTECHNICAL REPORT ' 9721700_Part6 Spem_BSD.doc II P PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) NOTICE TO BIDDERS Sealed Proposals for the following: FOR: Main 64, 64R, 180, 180R, and 445 Drainage Area Sanitary Sewer System Rehabilitation & Improvements (Group 3, Contract 2) Part 6, Unit 1 (Sections A & B) and Unit 2 and 1998 Capital Improvement Project (West Arlington Avenue from Forest Park to West Dead End) Sewer Project No. PS 46-070460410100 Paving Project No. GS 67-020670410010 Unit 1, Section A— Sewer (L-1150, L-2833, L-2841, L-5568, and M-71) DOE No. 2698 1,894 LF 8-in. sewer by open cut 1,460 LF 6 to 8-in. sewer by pipe enlargement 597 LF 8-in. sewer by pipe enlargement 148 LF 8-in. sewer by other than open cut 60 LF 8-in. sewer by short bore 23 EA Manholes Unit 1, Section B — Paving (West Arlington Avenue) DOE No. 2061 2,230 SY 8-in. pavement pulverization 1,690 LF Reinforced concrete curb 2,600 SF 6-in. reinforced concrete driveway 900 SF 4-in. reinforced concrete sidewalk 379 TN 3-in. HMAC Unit 2 — L-2977, L-2978, and L-3046 DOE No. 2699 1,486 LF 8-in. sewer by open cut 3,323 LF 6 to 8-in. sewer by pipe enlargement 60 LF 8-in. sewer by short bore 24 EA Manholes Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., May 4, 2000, and then publicly opened and read aloud at 2:00 p.m., in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents will be provided for a deposit of$50.00. These documents contain additional information for prospective bidders. Bidders are hereby notified that Unit 1 (Sections A & B) is a combined contract as defined in the Ordinance No. 13781. The offeror shall list all first and second tier subcontracting and/or supplier opportunities. All other provisions of Attachment 1 of Ordinance 13471 as amended by Ordinance 13781 apply to this contract. For additional information, please contact Mr. Brian Darby, P.E. at (817) 335-1121, or Mr. Rakesh Chaubey, P.E. at (817) 332-5474. Advertising Dates: April 6, 2000 April 13, 2000 9721700_Part6_Specs_BSD.doc A- COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: FOR: Main 64, 64R, 180, 180R, and 445 Drainage Area Sanitary Sewer System Rehabilitation & Improvements (Group 3, Contract 2) Part 6, Unit 1 (Sections A & B) and Unit 2 and 1998 Capital Improvement Project (West Arlington Avenue from Forest Park to West Dead End) Sewer Project No. PS 46-070460410100 Paving Project No. GS 67-020670410010 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., May 4, 2000, and then publicly opened and read aloud at 2:00 p.m. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A Fifty dollar ($50.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for Fifty dollars ($50.00) per set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above-referenced project shall consist of the following: Unit 1, Section A—Sewer (L-1150, L-2833, L-2841, L-5568, and M-71) DOE No. 2698 1,894 LF 8-in. sewer by open cut 1,460 LF 6 to 8-in. sewer by pipe enlargement 597 LF 8-in. sewer by pipe enlargement 148 LF 8-in. sewer by other than open cut 60 LF 8-in. sewer by short bore 23 EA Manholes Unit 1, Section B — Paving (West Arlington Avenue) DOE No. 2061 2,230 SY 8-in. pavement pulverization 1,690 LF Reinforced concrete curb 2,600 SF 6-in. reinforced concrete driveway 900 SF 4-in. reinforced concrete sidewalk 379 TN 3-in. HMAC Unit 2 — L-2977, L-2978, and L-3046 DOE No. 2699 1,486 LF 8-in. sewer by open cut 3,323 LF 6 to 8-in. sewer by pipe enlargement 60 LF 8-in. sewer by short bore 24 EA Manholes Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. * 97217 Part6_Specs_BSD.doc A-2 COMPREHENSIVE NOTICE TO BIDDERS The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders shall not separate, detach, or remove any portion, segment, or sheets from the contract document at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of sixty (60) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within sixty (60) days after this documentation is received, 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. Bidders are responsible for obtaining all addenda to the contract documents prior to the receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. SUBMISSION OF BID(S) AND AWARD OF CONTRACT(S): This document is designed as two (2) separate contract documents and shall not be construed as being a single contract. The proposal sections are provided as two (2) individual proposals with two (2) individual M/WBE specifications and are arranged in units to allow prospective bidders to submit bids on one or both units. Award of contract(s), if made, shall be to the responsive low bidder for each individual unit. If a contractor is the responsive low bidder on both units, a single set of contract documents consisting of all applicable units will be created and one single award of contract shall be made. The Contractor shall comply with the City's M/WBE Ordinance on each unit. Construction time on all units will run concurrently. For situations involving approved contracts with multiple units, the total allowable construction completion time period for all the units shall be the same as the unit with the longest construction time period. Bidders are hereby notified that Unit 1 (Sections A & B) is a combined contract as defined in the Ordinance No. 13781. The offeror shall list all first and second tier subcontracting and/or supplier opportunities. All other provisions of Attachment 1 of Ordinance 13471 as amended by Ordinance 13781 apply to this contract. In accordance with the City of Fort Worth Ordinance No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The Documentation must be received by the contracting 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 contracting department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Any contract or contracts awarded under this 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, in effect on the date this contract is executed. 9721700_Part6_Specs_BSD.doc A-3 COMPREHENSIVE NOTICE TO BIDDERS - For additional information concerning this project, please contact Mr. Brian Darby, P.E., at (817) 335-1121, or Mr. Rakesh Chaubey P.E., at (817) 332-5474. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY ADVERTISING DATES: A. DOUGLAS RADEMAKER, P.E. DIRECTOR April 6, 2000 DEPARTMENT OF ENGINEERING April 13, 2000 IY la' Rick Trice, P.E. Manager, Consulting Services 9721700 PafY6 SpecsBSDvcc A-4 SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) 1. PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be pre-qualified by the Forth Worth Water Department prior to submitting bids. This pre- qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by n appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more that 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-pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g. The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-qualification. 2. BID SECURITY: A cashier's check or acceptable bidder's bond payable to the City of Fort Worth in an amount of not less than five percent (5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within (10) days after the contract has been awarded. To be an acceptable surety o the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 3. BONDS: A performance bond, a payment bond and a maintenance bond each for one hundred (100%) percent of the contract price will be required, Reference C 3-3.7. 9721700_Par16_Specs_BS0.doc A- 5 SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and set forth in the Contract Documents must be paid on this project. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the State in which the nonresident's principal place of business is located. "Nonresident bidder' means a bidder whose principal place of business in not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. This provision does not apply if this contract involves Federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it, nor any of its officers, members, agents, employees, program participants or subcontractors while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory 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 subcontractors and/or its subcontractors' alleged failure to comply with the above referenced policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all 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. 97217 Parl6 Specs_BSD.doc A-6 SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) Contractor warrants it will fully comply with the ADFA'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 Policy concerning age discrimination in the P performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must be received no later that 5:00 PM, five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. F Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Women Business Enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal state or local laws or ordinances relating to false statements. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. Revised 9/24/97 f e 9721700_Par16_Specs_BSD.doc A-7 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten (10) times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond, as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten (10) times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury List or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. s 9721700_Part6_Specs_BSD.doc A-8 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 6. WAGE RATES: All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250,000 each person, $500,00 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder' means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with the City of Fort Worth Ordinance No. 11923, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A, copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition, the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as 9721700_Part6_Specs_BSD.doc A-9 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non- responsive. Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records, or files in its possession that will substitute the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3) years. 11, AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) 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. 12. PAYMENT: The Contractor will receive full payment (minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: a. Workers Compensation Insurance Coverage: 1) Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. 97217D0_Part6_Spea BSD.doc A- 10 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) Persons providing services on the project ("subcontractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the contractor providing services on the project, for the duration of the project. 3) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5) The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and b) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7) The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8) The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that 9721700_Part6_Specs_BSD.doc A- SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9) The contractor shall contractually require each person with whom it contracts to provide services on a project, to: a) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; C) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; d) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage 9721700_Part6_Specs_BSD.doc A- 12 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties, or other civil actions. 11) The contractor's failure to comply with ary of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. b. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be'in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement, or discharge of employees or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such 9721700_Part6_SPM—BSD.dx A- 13 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify, and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms, and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 i 9721 700_Par16_Specs_BSD.doc A- 14 PART B UNIT 1 MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL - SECTION A PROPOSAL - SECTION B CITY APPROVED PRODUCT AND METHOD UNIT 2 MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL CITY APPROVED PRODUCT AND METHOD BID SUMMARY NOTE M/WBE goals are different for Units 1 and 2. Individual M/WBE documentation must be completed with the proposal for each unit. 9721700_Part6_Specs_0SD.doc UNIT 1 9721700_Part6 Specs_BSD.doc CITY OF FORT WORTH Revised 06/02/98 MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goals are applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goals are not applicable. F POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual ■ basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MIWBE PROJECT GOALS The City's MBE/WBE goal on this project is 22% of the total bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated minimum M/WBE goals, or 2. Good Faith Effort documentation, or 3. Waiver documentation. SUBMITTAL OR REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form: received by 5:00 p.m.,five(5) City business days after the bid opening date,exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m.,five(5) City business days after the bid opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MfWBE ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 871-6104. 9721700_Part6_Specs_BSD_PartB MWBEt.dm Part B- MWBE 1 Unit 1 � ections A& B) FATTACHMENT IA 1111 Page 1 of 2 CITY OF FORT WORTH Revised 06/02/98 MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS MBE/WBE UTILIZATION DEPT OF ' (4 'r— `R CINEE C1 � �..A c::0 Prime Company Name Bid Date I 1PM 1 02 M-64,64R. 180, 180R. and 445 Part 6 Unit 1 Sections A&B PS 46-070460410100 and GS 67-020670410010 Project Name Project Number CITY'S M/WBE PROJECT GOAL: 22% M/WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m., five (5) City business days after bid opening,exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The willful misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name, Contact Name, Certified Specify All Contracting Specify All Items to Dollar Amount Address, and Telephone No. Scope of Work M be Supplied (`) a o o my X CL x � BRANCH&SONS CONTRACTORS LEON WILLIAMS tAiiur 911 COOK ST. I �� 3 MIDLOTHIAN,TX 76065 817-477-5409 Phone 817-477-3826 Fax ARROW CONSTRUCTION IANICE SNOW RR 3,4661 FM 1176 r / BROWNWOOD,TX 76801 rr r 70 ©©O 915-W-9647 Phone 915-646-7355 Fax Banda Trucking rQ a .TUAN BAND 4812 t.Vernon Richardson,TX 75081 `-% L40? 972-680-8089 Phone ■ 972-680-8089 Fax M/WBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at time of bid. ■ (') Specify all areas in which M/WBEs are to be utilized and/or items to be supplied: (•) A complete listing of items to be supplied is required in order to receive credit toward the M/WBE goal. ■ (•')Identify Each Tier Level. Tier: Means the level of subcontracting below the prime contractor/consultant,i.e.,a direct payment from the prime contractor to a subcontractor is considered 1st tier,a payment by a subcontractor to its supplier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department ■ 97217D0_Pan6 Spea_BSD_PanB MWBEIAM Part B - MWBE 2 Unit 1 (Sections A& B) ATTACHMENT IA Page 2 of 2 CITY OF FORT WORTH Revised 06/02/98 MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS MBE and WBE UTILIZATION FORM Company Name, Contact Name, Certified Specify All Contracting Specify AEI Items to L Dollar Amount Address,and Telephone No. Scope of Work(*j be SuppliedH (*) m 00 Z c m �. x lz PIP ~z as COWTOWN TRAFFIC CONTROL � (� 00SEVELT BURRELL 724 BRYAN STREET i� fel— / FORT WORTH TX 76104 817-924-4524 Phone 17-926.2725 Fax Kairos Construction Co. TAMMY DRISKELL I■ 2401 Pleasant Circle N. Arlington,TX 76105 817-464-9479 Phone nD.. \ P 1'7 Alt) �nt)Q A yr s ,7 F a C•R.I.S.&Associates [ GILBERT YABARRA 900 Mt. Vernon Richardson, TX 75081 1 t ` 972-680-8089 Phone 972-690-8099 F'aA gide, directly to the City upon request, complete and accurate information • regarding actual worn y all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records, and files held by their company that will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of-facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State, or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. LL MBEs)and WBE(s) MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT A ARD r 6 1 6 f C� Authorize5k Signature Printing Signature ffla"e Title t Contact Name and Title (if different) S-r-6)c_1<fE / 3 vC Company Name Telephone Nu er(s) Address Fax Number City/State! ip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department r 9721700 Pert6_SpecsBSD PartB MWBEI.doc Part B - MWBE 3 Unit 1 (Sections A& B) PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: Main 64, 64R, 180, 180R, and 445 Drainage Area Sanitary Sewer System Rehabilitation & Improvements (Group 3, Contract 2) Part 6 and 1998 Capital Improvement Project (West Arlington Avenue from Forest Park to West Dead End) Sewer Project No. PS 46-070460410100 Paving Project No. GS 67-020670410010 Unit 1, Section A— DOE No. 2698 Unit 1, Section B — DOE No. 2061 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly 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, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond, and Payment Bond approved by the City of Fort Worth for performing and completing the sewer construction work within the time stated and for the following sum, to-wit: UNIT 1,SECTION A;,SEWER(L-1150,L-2833,L-2841,L-5568,AND M-71) PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE - 1. 1 EA Storm drain pr nstruction D-hole 7� O -tet N ioezjo Dollars C ©6 and Cents per EA $ 2. 1,824 LF 8-in.sanitary sewer pipe(all depths)' Dollars Q� d and Cents per LF $154i $ ZA 3. 23 LF 8-in.SDR 26 sanitary sewer pipe(all depths) -4L/L�� Dollars ^ BD p o w and Cents per LF $ 5 $ 4. 47 LF 8-in.DIP sanitary ewer pipe(all depths) l!C r 1 '— D•— Dollars and Cents per LF $ $ 7/ 5. 60 LF 84n.sanitary sewer pipe by short bore(all depths) --67 Dollars and Cents per LF $ too $ Contractor must complete the following "City Approved Product& Method"form } 9721700_Part6_spem_BSD_PartB_Propt.doc Part B - Proposal 1 Unit 1, Section A PROPOSAL UNIT 1,;S4CTIpN A-SEWER(L-1150,L-2833,L-2841,L75 ,AhD M-71) PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 6. 1,460 LF 6 to 8-in.ID DR 21 DIP sizing HDPE sewer rehab by pipe enlargement method" 1 61 ,✓'ZY'—r L Dollars D and �� Cents per LF $ 3S $ 7. 597 LF 8-in.ID DR 21 DIP sizing HDPE sewer rehab by pipe enlarg !m t ethod" Dollars Q9� �� and r' Cents per LF $ $ 2 8. 148 LF 8-in.DIP sanitary sewer pipe by other than open cut with 16-in.steel ca ' g pipe and stainless steel casing spacers 0Dollars and Cents per LF $ $ 9. 206 LF Sag adjustment for ipe enlargement Dollars and Cents per LF $ $ Q (� 10. 21 EA 4-1n.sanitary sewer service taps t�— Dollars / AO and Cents per EA $ t% $ L d 11. 43 EA Sewer service reinstateme for pipe enlargement Dollars and Cents per EA 12. 1,173 LF 4-in.sanity sewer service 1' es' Dollars and Cents per LF $ $ Zq 13. 5 EA Sanitary sewer service line cleanout /t/10 2 Dollars led-- Cents per EA $ and $ 14. 4 EA Sanit sewer main line cleanout Q� 641 �2ff- Dollars and Cents per EA $ 15. 3,067 LF Trench safety syst for trenches(depth>5-ft.) Dollars C9 and Cents per LF $ ' $ PM *, **Contractor must complete the following"City Approved Product& Method"form 9721700_Part6_Specs_BSD_PartB Propl.doc Part B -Proposal 2 Unit 1, Section A PROPOSAL ,UN.IT 1;SECTION A-SE,INE.I ;(L- 150,L-2833,62841,jL•556$}AhfD lf{ l < " .. : °x,. PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 16. 12 EA Remove existing sanitary sewer manholes c nn ' /L,o Dollars V _ and — 0 - Cents per EA $ $ 17. 5 EA Abandon existing sanitary sewer manholes e tV /?-Z-� Dollars and C>= Cents per EA $ $ 18. 23 EA Standard 4-ft.diamet r SSMH to 6-ft.depth) 4 ,., ,(� Dollars $US�✓f/ $ / and c`7 Cents per EA 19. 40 VF 4-ft.diameter extra depth for SSMH Dollars � and Cents per VF $ R 20. 23 EA Watertight manhole ins for SSMH Dollars 60 B and '— Cents per EA $ $ S 21. 23 EAConcrete collars f SSMH 9�/ A2 0 L i Dollars ��3 and Cents per EA $4-2 $ 22. 23 EA Vacuum test SSM r- L A In V e� i t=::E (— Dollars and � L-9 `-- Cents per EA $ �� $ 23. 63 VF SSMH corrosion resi nt coating 0.0 - r P' Dollars and �^ Cents per VF._ $ $ 24. 0.50 TN DIP fitt/G /1 ir� � A9�p C) A)1)t'W70 Dollars and Cents per TN $ $ 25. 30 LF 44n.water line ad ent Dollars and �- �- Cents per LF $ $ Contractor must complete the following"City Approved Product& Method"form 9721700_Part6_Specs BSD_PartB_Propl.doc Part B -Proposal 3 Unit 1, Section A PROPOSAL UNIT 1,SECTION A-SEWER(L-1150,L-2833,L-2841,L-q$"%,ANP WTI) PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL " ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 26. 30 LF 3-in.water line adjustment Dollars GL!?_ r�CL and Cents per LF $ $ 27. 65 LF Concrete curb and gutterplacement • T�� Dollars p� and .—tr Cents per LF $ $ �— 28. 951 LF Permanent asphalt pavement repair per Fig.4 t2L Dollars ®d O and t' Cents per LF $ 29. 320 LF Temporary asphalt pavement replacement per Fig.B S Dollars Qd and Cents per LF $7�` $� 30. 120 SF 6-in.reinforced concrete driveway replacement Dollars - and '—J^ Cents per SF $ CV� $ (j 31. 202 SF 4-in.reinforced concrete sidewalk replacement r— 0 Dollars ©d g and Cents per SF $ s $ AQZ(� 32. 872 SY 6-in.topsoil ,,;_ Dollars FAD and Cents per SY $ $ 33. 1,947 LF Sodding r Dollars �/ t90 * and '--O Cents per LF $ `0 $ S 34. 3,117 LF Pre-construction cleaning and N inspection of sanitary sewer line 2 Dollars and O Cents per LF $ �`{— $ 35. 4,166 LF Post-construction nspeec ion of sanitary sewer Dollars $ ` $and r—g Centser LF 1/ [y Contractor must complete the following"City Approved Product & Method"form F 9721700_Part6_Spem_BSD_PartB_Propi.doc Part B- Proposal 4 Unit 1, Section A PROPOSAL UNIT 1,SECTION A—SEWER(L-1150,L-2833, L-2841,L-5568,AND M-71) PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 36. 23 LF Concrete encasement Dollars ®--- 6d and ` Oma' Cents per LF $ $ SUBTOTAL AMOUNT BID-UNIT 1,,SECTION A S TRANSFER SUBTOTAL TO PAGE"Part B-Proposal 9" *, ** Contractor must complete the following "City Approved Product& Method"form 9721700_Part6 specs_BSD_PartB_Propl.doc Part B - Proposal 5 Unit 1, Section A PROPOSAL CITY APPROVED PRODUCT & METHOD FOR-,— `CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec No. Size E1-31 4" through 30" E1-25 4" through 15" E1-27 4" through 15" E1-28 18"through 27" E100-2 18"through 48" Consult with "City of Fort Worth, Texas Standard Product List" to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. "CONTRACTOR SHALL SELECT PIPE ENLARGEMENT METHOD TO BE USED AND PROVIDE NAME OF SUBCONTRACTOR FOR INSTALLATION PIM Method Name of Subcontractor if Applicable _ T.R.S. System Name of Subcontractor if Applicable McConnell Method Name of Subcontractor if Applicable Expanded System Name of Subcontractor if Applicable Note: Only tee service connections will be allowed. 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. 9721700_Part6_Spem_BSD_PartB Propl.doc Part B -Proposal 6 Unit 1, Section A PROPOSAL „ s „ UNIT 1,SECTION B—PAVING"(VVEST,ARIUNGTON,�VENtlE)', v PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1. 2 EA Pro' at ' n Dollars and Cents per EA $ �� $ DQ 2. 2,230 SY 84L1. av ent pulverization s� �/ ®� Dollars and -f Cents per SY $ $ 0 ! 3. 59 TN Cement stgqilized sube L L—� Dollars /L00 $ and r— � Cents per TN $ $ 4. 379 TN 34n.HMA urface course(Type D mix) (150 ©e7 Dollars and Cents per TN $ l/v $ 5. 1,690 LF Demolish and remove reinforced concrete curb and gutter Dollars n and `�� Cents per LF $ / $ 6. 1,690 LF Replace reinforced concrete curb and gutter Dollars and "—C7`` Cents per LF $ $ 1-0 7. 1,410 SY 5-in.concrete se(2:27)for curb and gutter V m Dollars �, and ^ y Cents per SY $ $ 8. 30 SY Demolish and remove 7-in.reinforced concrete valley gutter Dollars 7--7V^� and r-- 0 v Cents per SY $ $ 9. 30 SY Replace 7-in.reinforced concrete valley gutter Dollars �E ,J and Cents per SY $ '�� $ TOf71.� 10. 4,680 SF Demolish and remove reinforced concrete driveway, sidewalk,leadwalk-.step nd wheelchair ramp Dollars and Cents per SF $ $ 97217 Part6 sp=_BSD_PartB Pmpl.doc Part B - Proposal 7 Unit 1, Section B i PROPOSAL ipNIT 1 'SEGTIO[ B=PAVING(WJCST ARIF. IGTQN,AVI, ttlEj PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 11. 2,600 SF Replace 64n.rein orced concrete driveway CJ-Q - Dollars © dv and Cents per SF $ �� $ 12. 700 SF Replace 6-in.reinforced concrete with exposed aggregate drivewayAfIL PL/1 Dollars O� and — � Cents per SF $ $ / �© 13. 900 SF Replace 44n.r ' orced concrete sidewalk and leadwalk Do6lars $ 5- $ Z ZS and �L r Cents per SF 14. 6 EA Reinforced concre wheelchair accessible ramp o6 Dollars 4eso_ and r--' CentsperEA $ $ 15. 1 EA 1 - .standard curb inlet Dollars and •–— Cents per EA $ $ 16. 10 LF Remove and nq ce 44n.drain r_� 0� Dollars D C? and Cents per LF $ $ j ' 17. 2 EA Manhole adjustment THREE HUNDRED FIFTY Dollars and NO Cents per EA $ 350.00 $ 700.00 18. 3 EA Water valve adjustment TWO HUNDRED FIFTY Dollars and NO Cents per EA $ 250.00 $ 750.00 19. 1 EA Water meter box adjustment to include all incidentals necessary THIRTY-FIVE Dollars and NO Cents per EA $ 35.00 $ 35.00 20. 10 CY Topsoil ELEVEN Dollars and NO Cents per CY $ 11.00 $ 110.00 21. 1 LS Utility adjustment TWO THOUSAND Dollars and NO Cents per LS $ 2,000.00 $ 2,000.00 PE 9721700_Part6_Spem_BSD_PartB_Propl.doc Part B - Proposal 8 Unit 1, Section B PROPOSAL UNIT 1;SECTION B—PAVING(WEST ARILINGTON AVENUE) . PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 22. 500 CY Unclassified street��5%vithin cluding overcut and undercut(include the right-of-way) Dollars 6 and r d Cents per CY $ $ SUBTOTAL AMOUNT BID—'UNIT 1,SECTION B $ Subtotal Amount Unit 1, Section A.............................................................$�� L (transfer amount from previous Page "Part B - Proposal 4") Subtotal Amount Unit 1, Section B.............................................................$ C� (transfer amount from above) / 36 7&0 TOTAL AMOUNT BID UNIT 1 ...................................................................$ 2 TRANSFER TOTAL TO PAGE"Part B-Summary" `7 5 , 97217 Pan6_Spem_MP PartB_Propl.doc Part B - Proposal 9 Unit 1, Section B PROPOSAL Within ten (10) days of notification by City, the undersigned will execute the formal contract and deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of $ is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 140 calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. The work order will be issued no later than 90 days after the award of contract. A. The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Receipt is acknowledged of the following ddenda: Addendum No. 1 (initials) ' Addendum No. 1 (initials) Addendum No. 1 (initials) Respectfully submitted, ?-©CT2_1c� By: cl;�V_Jkr� Name: L) =�— Title: fr�2 ✓ Address: (SEAL) if Bidder is Corporation + �-- n z 7(4 Date: m m c� Telephone: ?�J6 zv 9721700_Part6_Spem_BSD_PartB_Propl.dx Part B - Proposal 10 Unit 1 PART C GENERAL CONDITIONS 97217 Part6 Specs_BSD.doc PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1 ( 1 ) C1-1 . 2 Contract Documents C1-1 ( 1 ) C1-1. 3 Notice to Bidders Cl-1 ( 2 ) C1-1. 4 Proposal C1-1 ( 2 ) C1-1. 5 Bidder C1-1 ( 2) C1-1. 6 General •Conditions C1-1 ( 2 ) C1-1 . 7 Special Conditions C1-1 ( 2 ) C1-1.8 Specifications Cl-1 ( 2 ) C1-1. 9 Bond C1-1 ( 2 ) C1-1. 10 Contract Cl-1 ( 3 ) C1-1. 11 Plans C1-1 ( 3 ) C1-1. 12 City C1-1 ( 3 ) C1-1. 13 City Council C1-1 ( 3 ) C1-1. 14 Mayor C1-1 ( 3 ) C1-1. 15 City Manager C1-1 ( 3 ) C1-1. 16 City Attorney Cl-1 ( 3 ) C1-1.17 Director of Public Works C1-1 ( 4 ) C1-1. 18 Director , City Water Department C1-1 ( 4 ) C1-1. 19 Engineer C1-1 ( 4 ) C1-1. 20 Contractor Cl-1 ( 4 ) C1-1. 21 Sureties C1-1 ( 4 ) C1-1 . 22 The Work or Project C1-1 ( 4 ) C1-1.23 Working Day C1-1 ( 4 ) C1-1. 24 Calendar Day C1-1 ( 4 ) C1-1. 25 Legal Holiday C1-1 ( 4 ) C1-1. 26 Abbreviations C1-1 ( 5 ) C1-1 . 27 Change Order C1-1 ( 6 ) C1-1 . 28 Paved Streets and Alleys C1-1 ( 6 ) C1-1. 29 Unpaved Streets and Alleys C1-1 ( 6 ) C1-1 . 30 City Streets C1-1 ( 6 ) C1-1 . 31 Roadway Cl-1 ( 6 ) C1-1 . 32 Gravel Street C1-1 ( 6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 Proposal Form C2-2 ( 1 ) C2-2 . 2 Interpretation of Quantities C2-2 (1 ) C2-2 . 3 Examination of Contract Documents and Site C2-2 ( 2 ) C2-2 . 4 Submitting of Proposal C2-2 ( 3 ) C2-2. 5 Rejection of Proposals C2-2 ( 3 ) C2-2 . 6 Bid Security C2-2 ( 3 ) (1 ) C2-2. 7 Delivery of Proposal C2-2 ( 4 ) C2-2 . 8 Withdrawing Proposals C2-2 ( 4 ) T C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 ) C2-2 . 10 Public Opening of Proposal C2-2 ( 4 ) C2-2 . 11 Irregular Proposals C2-2 (4 ) C2-2 . 12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3. 1 Consideration of Proposals C3-3 (1 ) C3-3 . 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 ( 1 ) t C3-3. 3 Equal Employment Provisions C3-3 (1 ) C3-3 . 4 Withdrawal of Proposals C3-3 ( 2 ) C3-3 . 5 Award of Contract C3-3 (2 ) - C3-3 . 6 Return of Proposal Securities C3-3 (2 ) C3-3 . 7 Bonds C3-3 (2 ) C3-3 . 8 Execution of Contract C3-3 (4 ) C3-3. 9 Failure to Execute Contract C3-3 (4 ) C3-3 . 10 Beginning Work C3-3 (4 ) C3-3. 11 Insurance C3-3 ( 4 ) C3-3 . 12 Contractor ' s Obligations C3-3 ( 7 ) C3-3 . 13 Weekly Payroll C3-3 (7 ) C3-3 . 14 Contractor ' s Contract Administration C3-3 ( 7 ) C3-3 . 15 Venue C3-3 (8 ) C4-4 SCOPE OF WORK C4-4 . 1 Intent of Contract Documents C4-4 (1 ) , C4-4. 2 Special Provisions C4-4 (1 ) C4-4 . 3 Increased or Decreased Quantities C4-4 ( 1 ) C4-4 . 4 Alteration of Contract Documents C4-4 (2 ) C4-4 . 5 Extra Work C4-4 ( 2 ) C4-4 . 6 Schedule of Operations C4-4 ( 3 ) C4-4 . 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 ( 4 ) C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 Authority of Engineer C5-5 (1 ) C5-5 . 2 Conformity with Plans C5-5 (1 ) C5-5 . 3 Coordination of Contract Documents C5-5 ( 2 ) C5-5 . 4 Cooperation of Contractor C5-5 ( 2 ) C5-5 . 5 Emergency and/or Rectification Work C5-5 ( 3 ) ' C5-5 . 6 Field Office C5-5 ( 3 ) C5-5 . 7 Construction Stakes C5-5 ( 3 ) C5-5 . 8 Authority and Duties of Inspectors C5-5 ( 4 ) C5-5 . 9 Inspection C5-5 ( 5 ) C5-5 . 10 Removal of Defective and Unauthorized Work C5-5 ( 5 ) C5-5 . 11 Substitute Materials or Equipment C5-5 ( 5 ) C5-5 . 12 Samples and Tests of Materials C5-5 ( 6 ) C5-5 . 13 Storace of Materials C5-5 ( 6 ) C5-5 . 14 Existinc Structures and Utilities C5-5 (7 ) C5-5 . 15 interruotion of Service C5-5 ( 7 ) ' C5-5 . 16 Mutual Responsibility of Contractors C5-5 ( 8 ) C5-5 . 17 Cleanup C5-5 ( 8 ) C5-5 . 18 Final Inspection C5-5 ( 9 ) ■ ( 2 ) ■ C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 . 1 Laws to be Observed C6-6 (1 ) C6-6. 2 Permits and Licenses C6-6 ( 1 ) C6-6. 3 Patented Devices , Materials and Processes C6-6 (1) C6-6 . 4 Sanitary Provisions C6-6 ( 2 ) C6-6 . 5 Public Safety and Convenience C6-6 ( 2 ) C6-6 . 6 Privileges of Contractor in Streets , Alleys, and Right-of-Way C6-6 ( 3 ) C6-6 . 7 Railway Crossings C6-6 ( 4 ) C6-6 . 8 Barricades, Warnings and Watchmen C6-6 ( 4 ) C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 ( 5 ) C6-6 . 10 Work Within Easements C6-6 ( 6 ) C6-6. 11 Independent Contractor C6-6 ( 8 ) C6-6. 12 Contractor ' s Responsibility for Damage Claims C6-6 ( 8 ) C6-6 . 13 Contractor ' s Claim for Damages C6-6 ( 10 ) C6-6. 14 Adjustment of Relocation of Public Utilities , etc. C6-6 ( 10 ) C6-6 . 15 Temporary Sewer Drain Connections C6-6 (10 ) C6-6 . 16 Arrangement and Charges of Water Furnished by City C6-6 ( 11 ) C6-6. 17 Use of a Section of Portion of the Work C6-6 (11 ) C6-6 . 18 Contractor ' s Responsibility for Work C6-6 ( 11 ) C6-6 . 19 No Waiver of Legal Rights C6-6 (12 ) C6-6 . 20 Personal Liability of Public Officials C6-6 (12 ) C6-6 . 21 State Sales Tax C6-6 (12 ) ., C7-7 PROSECUTION AND PROGRESS C7-7. 1 Subletting C7-7 ( 1 ) C7-7 . 2 Assignment of Contract C7-7 (1 ) C7-7. 3 Prosecution of the Work C7-7 (1 ) C7-7 . 4 Limitations of Operations C7-7 ( 2 ) C7-7 . 5 Character of Workman and Equipment C7-7 ( 2 ) C7-7 . 6 work Schedule C7-7 ( 3 ) C7-7 . 7 Time of Commencement and Completion C7-7 ( 4 ) C7-7 . 8 Extension of time of Completion C7-7 ( 4 ) C7-7 . 9 Delays C7-7 ( 4 ) C7-7. 10 Time of Completion C7-7 ( 5 ) C7-7 . 11 Suspension by Court Order C7-7 ( 6 ) C7-7 .12 Temporary Suspension C7-7 ( 6 ) C7-7 . 13 Termination of Contract due to National Emergency C7-7 ( 7 ) C7-7 . 14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 ( 7 ) C7-7 . 15 Fulfillment of Contract C7-7 ( 9 ) C7-7-. 16 Termination for Convenience of the Onwer C7-7 ( 10 ) C7-7. 17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8 . 1 Measurement of Quantities C8-8 ( 1 ) C8-8 . 2 Unit Prices C8-8 ( 1 ) ( 3 ) C8-8 . 3 Lump Sum C8-8 (1 ) C8-8 . 4 Scope of Payment C8-8 (1 ) C8-8 . 5 Partial Estimates and Retainage C8-8 ( 2 ) C8-8 . 6 Withholding Payment C8-8 ( 3 ) C8-8 . 7 Final Acceptance C8-8 (3 ) C8-8 . 8 Final Payment C8-8 ( 3 ) C8-8 .9 Adquacy of Design C8-8 (4 ) C8-8 .10 General Guaranty C8-8 ( 4 ) ' C8-8 . 11 Subsidiary Work C8-8 (5 ) C8-8 . 12 Miscellaneous Placement of Material C8-8 (5 ) C8-8 .13 Record Documents C8-8 ( 5 ) • { ( 4 ) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows : C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents . a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items : PART A - NOTICE" TO BIDDERS ( Sample ) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow ( Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS `E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS ( Sample) White PART G - CONTRACT ( Sample ) White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 ( 1 ) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders . C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done , together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER : Any person , persons , firm, partnership , company, association, corporation, acting directly or through a duly authorized representative , submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure , the local statutes , and requirements of the City of Fort Worth ' s charter and promulgated ordinances . Wherever there may be a conflict 'between the General Conditions and Special Conditions , the latter shall take precedence and shall govern . C1 -1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions . When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS : The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials , construction, workmanship , equipment and services in order to render a completed and useful project . Whenever reference is made to standard specifications , regulations , requirements , statutes , etc . , such referred to documents shall become a oart of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND : The bond or bonds are the wr =ten g :grantee or security Burnished by the Contractor for the prompt and C1-1 ( 2 ) faithful performance of the contract and include the - following : a. Performance Bond (see paragraph C3-3 . 7 ) b. Payment Bond ( see paragraph C3-3 . 7 ) C . Maintenance Bond (see paragraph C3-3 . 7 ) d. Proposal or Bid Security ( see Special Instructions to Bidders, Part A and C2-2 . 6 ) C1-1 . 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of -the two contracting parties about the project to be completed under the Contract Documents . C1-1 . 11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner ' s representative showing in detail the location , dimension and position of the various elements - of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue - to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . The plans are usually bound 'separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY : The City of Fort Worth , Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . The terms City and Owner are synonymous. C1 - 1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas . - C1-1 . 14 MAYOR : The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas . C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth , Texas , or his duly authorized representative. C1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized ' representative . Cl-1 ( 3 ) ,�. ■ C1-1 . 17 DIRECTOR OF PUBLIC WORKS : The duly appointed official of the City of Fort Worth , referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. C1 -1 . 20 CONTRACTOR : The person , persons , partnership , company, firm, association , or corporation , entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative . A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES : The Corporate bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1 . 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor , materials , tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1 . 23 WORKING DAY : A working day is defined as a calendar day, not including Saturdays , Sundays , and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 a . m, and 6 : 00 p . m . , with exceptions as permitted in paragraph C7-7 . 6 . C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1 . 25 LEGAL HOLIDAYS : Lecal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City em-ployees as follows : Cl-1 (4 ) 1 . New Year ' s Day January 1 2. M. L. King, Jr. Birthday Third Monday in January 3 . Memorial Day Last Monda-y--in May 4 . Independence Day July 4 5 . Labor Day First Monday in September , 6 . Thanksgiving Day Fourth Thursday in November 7 . Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9 . Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council , falls on Saturday , the holiday shall be observed on the preceding Friday or if it falls on _ Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1 . 26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows : AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day _ Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I . D. - Inside Diameter HI - Hydraulic Institute O . D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St . - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd . - Yard MH - Manhole SY - Sauare Yard Max. - Maximum L. F. - Linear Foot D. I . - Ductile Iron Cl-1 (5 ) .. C1 -1 . 27 CHANGE ORDER : A " Change Order " is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project 'on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All " Change Orders " shall be prepared by the City from 3 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. r5 . Any combination of the above. C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys . " C1-1 . 30 CITY STREETS : A city street is defined as that area rbetween 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 ' ) feet back of the curb lines or four ( 4 ' ) feet back of the average edge of pavement where no curb exists . C1-1 . 32 GRAVEL STREET : A gravel street is any unpaved street to which has been added one or more applications of gravel or op similar material other than the natural material found on the street surface before any improvement was made . a a C1-1 ( 6 ) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon ., which bid prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal " contract . The Owner will furnish forms for the Bidder ' s " Experience Record , " "Equipment Schedule , " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids . The financial statement required shall have been prepared by - an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1 ) year old . In the case that a bidding date falls within the time a new statement is being prepared , the previous statement shall be updated by proper verification . Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of expe-rience 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 maCe:ials to be furnished as may be listed in the proposal ,. C2-2 ( 1 ) ' forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis . Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents . C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued' in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents . Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requi;ed for its completion , and obtain all information required to make an intelligent proposal . No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto , shall be binding upon the Owner . Bidders shall rely exclusively and solely upon their own estimates , investigation , research , tests , explorations , and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required . Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings , if anv, showing on the plans are for general information only and may not be correct . Neither the C2-2 ( 2 ) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL:••- • The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the pricet, , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required . All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her ) or his (her ) duly authorized agent. If a proposal is submitted by a firm , association , or partnership , the name and address of each member must be given , and the proposal must be signed by a member of the firm , association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation , the company or corporate name and business address must be given , and the proposal signed by an official .. or duly authorized agent. The corporate seal must be affixed . Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal . C2-2 . 5 REJECTION OF PROPOSALS : Proposals may be rejected if they show any alteration of words or figures , additions not called for , conditional or uncalled for alternate bids , incomplete bids , erasures , or irregularities of any kind , or contain unbalance value of any items . Proposal tendered or . delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders " and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder , and by way of a guaranty that if awarded the contract , the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds . The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids . C2-2 ( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security , to the City Manager or his representative in the official place of business as set forth in the " Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver - the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered . Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description of the project as designated in the "Notice to Bidders . " The envelope shall be addressed to the City Manager , City Hall , Fort Worth, Texas . C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may , at the option of the Owner , be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further , that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight ( 48 ) hours after the proposal opening time , no further consideration will be given to the proposal. C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been- properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders . " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids . C2-2 . 11 T_RR?G')Lr_R PROPOSALS : Pr000sals shall be considered as beinc "Irrec--alar" if tne, show anv omissions , alterations of �Or!' , aCG '_ � Lons , or cond4t _ons not called for , unauthorized alternate bids , or irregularities of any kind . However , the wo C2-2 ( 4 ) RM Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any o-f , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders . b. Reasonable grounds for believing that any bidder is interested in more than one proposal For work contemplated. C . The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f . Lack of competency as revealed by the financial statement , experience record , equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h . The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the Following : 1. Financial ,Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions . 2 . A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder . 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who , in the judgment of the Engineer , is disqualified under the requirements stated herein , shall be set aside and not opened. C2-2 ( 5 ) r. PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner , the - right will be reserved to reject any or all proposals and waive technicalities , to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner , upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise ( MBE ) and or a a Woman-owned Business Enterprise (WBE ) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books , records , or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six ( 6 ) months . C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices . C3-3 ( 1 ) The Contractor shall post the required notice to that effect on the project site , and , at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3- 3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time , not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. . . The award of the contract, if an award is made, will be to the lowest and best responsible' bidder . The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion , return the proposal security which accompanied the proposals which , in its judgment , would not be considered for the award . All other proposal securities , usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the ,0 City Secretary. C3-3 . 7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to , and file with the Owner in the amounts herein required, the following bonds : a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract , and for the protection of the Owner and all other persons against damage by reason of negligence of the Cor.-rac:or , or improper execution of the work or the use of inferior materials . This performance C3-3 ( 2 ) bond shall guarantee the payment for all labor , materials, equipment, supplies , and services used in the construction of the work , and shall remain s in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. _ b. MAINTENANCE BOND : A good and sufficient maintenance bond , in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8 . 10. C. PAYMENT BOND: A good and sufficient payment bond, ^ in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful payment of all claimants as defined in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof , supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner . All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas , and which is acceptable to the owner . In order to be acceptable , the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties , and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company . Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner , notice will be given the Contractor to that effect and the Contractor shall immediately provide a a C3-3 ( 3 ) new surety satisfactory to the Owner. No payment will be made T 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 by appropriate resolution, or otherwise, awarded the contract , the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered. by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticable and difficult to accurately . determine the amount of damages occuring to the Owner by reason of said awardee ' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure, on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3 -3 . 10 BEGINNING WORK : The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the " Work Order" or " Proceed Order" , it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization , commence the physical execution of the contract. C3-3 . 11 INSURANCE : Th'e Contractor shall not cc=ience work under this contract until he has obtained all the insurance recuired under the Contract Documents , and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 ( 4 ) certificate of insurance for approval . The prime 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 , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors . In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute , the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE : The Contractor shall procure and shall maintain during the life of. this contract Contractor ' s Comprehensive General Liability Insurance ( Public Liability and Property Damage Insurance ) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death , and in an amount not less than $500 , 000 covering each occurrence on account of property damage with $2 , 000 , 000 umbrella policy coverage. C. ADDITIONAL LIABILITY : The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies , and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2 . Blasting , prior to any blasting being d.)ne. 3 . Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4 . Damage to underground utilities for $500 , 000 . w C3-3 ( 5 ) 5 . Builder ' s risk (where above-ground structures are involved) . 6. Contractual Liability ( covers all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain , during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $ 500 , 000 on account of one accident , and automobile property damage insurance in an amount ffi not less than $100 , 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f . PROOF OF CARRIAGE OF INSURANCE : The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached . ) All insurance requirements made upon the Contractor shall apply to the sub - contractor , should the Prime Contractor ' s insurance not cover the sub-contractor ' s work operations . a. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor ' s insurance and performance , payment , maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city lir.iis of the C3-3 ( 6 ) City of Fort Worth , Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth , or any other claimant , any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance , and/or bonding company . If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex , the Fort Worth-Dallas area . The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR ' S OBLIGATIONS : Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner 's representative within seven ( 7 ) days after the close of each payroll period: 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 pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, -o settle all material, labor or other expenditures , all claims against the work or any other C3-3 ( 7 ) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area , notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project , all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration , whether it be oriented in furthering the work, or other, be governed direct by local authority . This same requirement is imposed on insurance and surety coverage. Should the Contractor ' s local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned . No credit of working time will be for periods in which work stoppages are in effect for this reason. C3 -3 . 15 VENUE : Venue of - any action hereinunder shall be exclusively in Tarrant County, Texas. 1 C3-3 ( 8 ) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete , useful project which the Contractor undertakes to ' construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents , shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents , furnish all labor, tools, materials , machinery , equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated , or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and _ as found to be necessary, and the Contractor shall perform the work as altered , increased or decreased at the unit prices . Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items . When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the •• contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity _ stated in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work . " No allowance will be made for any changes in anticipated profits nor shall such changes be coinsidered as - i ..4-4 ( 1 ) waiving or invalidating any conditions or provisions of the Contract Documents . Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories . C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS : By Change Order, the Owner reserves the right to make such changes in the Contract - Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner , provided such changes do not materially alter the original Contract Documents or change the general ` nature of the project as a whole . Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK : Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents , shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto ; provided , however , that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods : a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of ( 1 ) labor, ( 2 ) rental of equipment, used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates ; ( 3 ) materials entering permanently into the project , and ( 4 ) actual cost of insurance , bonds , and social security as determined by the Owner , plus a fixed fee to be agreed upon but not to exceed 10% of the _actual cost of such extra work . The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence , overhead , other profit , general and all other expense not included in ( 1 ) , ( 2 ) , ( 3 ) , and ( 4 ) above . The Contractor shall keep accurate cost records on the form and in the method C4-4 ( 2 ) suggested by the Owner and shall give the Owner access to all accounts , bills , vouchers , and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner . In case any orders or instructions , either oral or written, appear to the Contractor to involve Extra work for which he should receive compensation , he shall make written request to the Engineer for written orders authorizing such Extra Work , prior to _ beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof , and the a Engineer insists upon its performance , the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. _ The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for ' extra work' whether or not iniitiated by a ' change order ' shall be a full , complete and final payment For all costs Contractor incurs as a result or relating to the change or extra work , whether said costs are known , unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay , extended overhead , ripple or impact cost , or any other effect on changed or unchanged work as a result or the change or extra work. C4 - 4 . 6 SCHEDULE OF OPERATIONS : Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof , a "Schedule of Operations , " showing by a straight line method the date of _ commencing and finishing each of the major elements of the contract . There shall be also shown the estimated monthly cost of work for which estimates are to be exoected. There C4-4 ( 3 ) shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11 " sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES : Within ten ( 10 ) days prior to submission of first monthly progress payment , the Contractor shall prepare and submit 'to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials , plans , and 4 equipment ) and the contemplated dates for completing the same . The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses , the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer . The Contractor shall also revise the schedule to reflect any w adjustments in contract time approved by the Engineer . Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications . Prior to the final drafting of the detailed construction schedule , the Contractor shall review the draft schedule - with the Engineer to ensure the Contractor ' s understanding of the contract requirements . The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints , sequencing requirements and completion time. b. - The construction process shall be divided into activities with time durations of approximately fourteen ( 14 ) days and construction values not to exceed $ 50 , 000 . Fabrication , delivery and submittal activities are exceptions to this guideline . C4-4 ( 4 ) C. Durations shall be in calendar days and normal ! holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. _ e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner . - f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14 ) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials . 1 . Preparation and transmittal of submittals. 2. Submittal review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5 . Transmittal of manufacturer ' s operation and maintenance instructions. • 6 . Installed equipment and materials testing. 7 . Owner ' s operator instruction ( if applicable) . _ 8 . Final inspection . C4-4 ( 5 ) 9 . Operational testing. 10 . Final inspection. If , in the opinion of the Owner , work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress . In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time . If the Owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force , the construction plant and equipment, the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-A ( 6 ) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS a SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with r the Contract Documents . He shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed , rate of progress of the work , overall sequence of the construction , interpretation of the Contract Documents , acceptable fulfillment of the contract, compensation , mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations , and all other questions or disputes which may arise . Engineer will not be responsible for Contractor ' s means , methods , techniques , sequences or procedures of construction , or the safety precaution and programs incident thereto , and he will not be responsible for Contractor ' s failure to perform the work in accordance with the contract documents . w He shall determine the amount and quality of the work completed and materials furnished , , and his decisions and estimates shall be final . His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract . The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters , the Engineer must , within a reasonable time , upon written request of the Contractor, render and deliver to both the Owner and Contractor , a written decision on the matter in controversy. C5- 5 . 2 CONFORMITY WITH PLANS : The finished project in all cases shall conform with lines , grades , cross-sections , finish , and dimensions shown on the plans or any other • requirements otherwise described in the Contract Documents . Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order . C5-5 ( 1 ) C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS : The Contract Documents are made up of several sections , which , taken together , are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies , figured dimension shall govern over scaled dimensions , plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications , and quantities shown on the plans shall govern over those shown in the proposal . The Contractor shall not take advantage of any apparent error or omission in the Contract Documents , and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the ., Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer . In the event of a conflict in the drawings, specifications , or other portions of the Contract Documents which were not reported prior to the award of Contract , the Contractor shall be deemed to have quoted the most expensive ' resolution of the conflict. C5-5 . 4 COOPERATION OF CONTRACTOR : The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents . The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer , his inspector , and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent , English- speaking superintendent and an assistant who are fully authorized to act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner , the Engineer , or his authorized reuresentatives . Pursuant to this responsibility of the Gontractor , the Contractor shall designate in writing to the project superintendent , to act as the Contractor ' s agent on the work . Such assistant project superintendent shall be a resident of Tarrant County , Texas and shall be subject to call , as is the project Superintendent , at any time of the day or night on any day of the wee{ or. which the -ng -i neer ..=teLCi!nes that circumstances r2G11?Lc tti1: presence of the project site of a representative of the Contractor to C5-5 ( 2 ) w