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HomeMy WebLinkAboutContract 26359 A? U U clnr D.O.E. FILE CONTRACT DOCUMENTS ECRETARY CONTRACTOR'S 9ONDW= AND SDN j�iAGT NO. G� CON .8 SPECIFICATIONS CCPV FOR aAW DEPARTMW 2000 MAIN 390 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 6, CONTRACT 1), PART 5 SEWER PROJECT NO. PS46-070460410280 . .. _•,.t.,• ., .i.- .-�. . ,.tom. i549 ® UNIT 5 —D.O.E. PROJECT NO. 2797 "Y CITY OF FORT WORTH,'TEXAS KENNETH BARR BOB TERRELL MAYOR CITY MANAGER DALE L. FISSELER, P.E. DIRECTOR, WATER DEPARTMENT HUGO A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E, DIRECTOR , DEPARTMENT OF ENGINEERING PREPARED BY ti. 'TWO Ifl H 0 E MAS rA r & ASSOCIATES, INC_ `'o FORT WORTH,TEXAS = o� 2 � 000 BROOKS i I MERD D�GHAFARi.: ...67697... %�0 ..,p 5 192 /S0 . ,p R .� Fs.FC/STE.R.•G� 0 � 41 l / City of Fort Worth, Texas qV011jor And Council Communication DATE REFERENCE NUMBER LOG NAME FPAGE 10/31/00 **C-18320 30CRAIG 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO CRAIG OLDEN, INC. FOR CANYON CREEK EROSION CONTROL RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to transfer $80,853 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $80,853 from available funds; and 3. Authorize the City Manager to execute a contract with Craig Olden, Inc. in the amount of $68,853 for Canyon Creek erosion control. DISCUSSION: This project will provide for the installation of erosion control measures along the sides and bottom of a drainage ditch to permanently protect a 6-inch sewer line which crosses the ditch and an 8-inch sewer line located underneath the ditch from erosion. The identified sewer lines were recently replaced as part of the City's Integrated Wet Weather Wastewater Management Program to comply with an administrative order from the U.S. Environment Protection Agency (EPA). The sewer replacement project resulted in further deterioration of the drainage ditch, which could potentially undermine the newly installed sewer lines. The project is located east of Canyon Creek Trail, and north of the Boca Raton Boulevard/Canyon Creek Trail intersection. The proposed improvements consist of channel excavation and the installation of gabion mattresses along the bottom and sides of the drainage ditch. The project is located in COUNCIL DISTRICT 4, Mapsco 66N and 66S. The project was advertised for bid in the Commercial Recorder on August 10 and 17, 2000. On September 7, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Craig Olden, Inc. 68,853 100 Calendar Days Southern Paradise Construction, Inc. $ 99,880 Whizcon Utilities, Inc. $112,725 In addition to the contract cost, $5,000 is required for inspection and survey and $7,000 is provided for project contingencies. City of Fort Worth, Texas "neor And Councilcommunication DATE REFERENCE NUMBER LOG NAME PAGE 10/31/00 **C-18320 1 30CRAIG 2 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO CRAIG OLDEN, INC. FOR CANYON CREEK EROSION CONTROL Craig Olden, Inc. is in compliance with the City's M/WBE Ordinance by committing to 14% M/WBE participation. The City's goal on this project is 14%. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. MGJ Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) 1&2)PS58 472045 070580410050 $80,853.00 APPROVED Mike Groomer 6140 2)PS58 541200 070580410050 $75,853.00 CITY COUNCIL Originating Department Head: 2)PS58 531350 030580410050 $ 5,000.00 A.Dougl$s Rademaker 6157 (from) OCT 31 2000 3)PS58 541200 070580410050 $68,853.00 Additional Information Contact: 1)PE45 538070 0709020 $80,853.00 ` City fieeretar7 of the A.Douglas Rademaker 6157 city of Fort Worth,Tesae Adopted OfdiRancO dQ. f y39 S CONTRACTf DOCUNIENTS AND SPECIFICATIONS FOR 2000 MAIN 390 DRAINAGE .AIZEA SANITARI' SE-WER SYSTE;NI REHABILITATION, AND IMPROVE'NIE.NTS (GROUT' G, CONTRACT 1), I'ART S SI:«'I:R PROJEcr NO. I'S46-0704604102110 UNIT ; - D.O.E. PROJECT NO. 2797 CITYOF FORT WORTH, TEXAS KENNETH BARR BOB TERRELL MAYOR CITY MANAGER DALE L. FISSELER, P.E. DIRECTOR, WATER DEPARTMENT HUGO A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS A. DOUGLAS RADEMAKER, P.E, DIRECTOR , DEPARTMENT OF ENGINEERING PREPARED BY rn ps & ASSOCIATES, INC. pm FORT WORTH, TEXAS 2000 r PART A - NOTICE TO BIDDERS DETAILED NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS W pr F NOTICE TO BIDDERS Sealed Proposals for the following: Main 390 Drainage Area, Sanitary Sewer Rehabilitation and Improvements (Group6, contract 1), Part 5 Sewer Project No. PS 46-070460410280 Unit 5—D.O.E. Project No. 2797 Including: UNIT 5: The construction of 145 C.Y. Unclassified Channel Excavation, 13.8 C.Y. Concrete Retaining Wall, 199 C.Y. Gabion Mattresses, 101 C.Y. Gabion Baskets, 4 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. September 7,2000,and the publicly opened and read aloud at 2:00 p.m. Drawings, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. A fifty dollar ($50.00) refundable deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50.00). These documents contain additional information for prospective bidders. ■ A pre-bid conference will not be held. THE WATER DEPARTMENT PRE-QUALIFICATION REQUIREMENTS DO NOT APPLY TO THIS PROJECT. HOWEVER, ONLY WATER DEPARTMENT PRE-QUALIFIED CONTRACTORS WILL BE ALLOWED TO MAKE ANY NECESSARY ADJUSTMENTS TO THE SEWER MANHOLES LOCATED WITHIN THE PROJECT LIMITS. For additional information contact Brian McDaniel, P.E., Dikita Engineering, Inc., at(214) 634-8844, or Sharlynn Keys, Dikita Engineering, Inc., at (817) 336-4488, or Mike Domenech, P.E., DOE Project Manager, at(817)332-5474 ext. 39. Advertising Dates: r August 10, 2000 August 17, 2000 R Fort Worth,Texas r DETAILED NOTICE TO BIDDERS Sealed Proposals for the following: Main 390 Drainage Area, Sanitary Sewer Rehabilitation and Improvements (Group6, contract 1), Part 5 Sewer Project No. PS 46-070460410280 Unit 5—D.O.E. Project No. 2797 Including: UNIT 5: The construction of 145 C.Y. Unclassified Channel Excavation, 13.8 C.Y. Concrete Retaining Wall, 199 C.Y. Gabion Mattresses, 101 C.Y. Gabion Baskets, 4 Manholes. Included in the above will be all other items of construction as outlined in the Drawings and Specifications. F 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. September 7,2000,and the publicly opened and read aloud at 2:00 p.m. Drawings, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A fifty dollar ($50.00) refundable deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50.00). These documents contain additional R information for prospective bidders. All bidders will be required to comply with provision 5159 of"Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by the City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. A pre-bid conference will not be held. AWARD OF CONTRACT: The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of sixty(60) days from the date bids are opened. The award of the contract, if made, will be with sixty (60) days after the opening of bids, but in .� no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting Department of Engineering at(817) 871-8100. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders shall submit the complete specifications book or risk rejection of bid. r+ r In accordance with City of Fort Worth Ordinance, No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of Disadvantaged Enterprise in City contracts. A copy of the Ordinance can be obtained from the Office of the Secretary. The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received by the contracting department no later than 5:00 PM, five(5) business days after bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was made. Such receipt shall be evidence that the Documentation was received by the City. The Contracting Department for this project is the Engineering Department. Any contract or contracts awarded under this Notice to Bidders are expected to be funded in part by a loan from the Texas Water Development Board. This contract is contingent upon release of funds from the Texas Water Development Board. Neither the State of Texas nor any of its departments, agencies, or �. employees is or will be a party to this Detailed Notice to Bidders or any resulting contract. For additional information contact Brian McDaniel, P.E., Dikita Engineering, Inc., at (214) 634-8844, or Sharlynn Keys, Dikita Engineering, Inc., at (817) 336-4488, or Mike Domenech, P.E., DOE Project Manager, at(817)332-5474 ext. 39. Bob Terrell Gloria Pearson City Manager City Secretary Advertisement Dates: Department of Engineering �- August 10, 2000 A. Douglas Rademaker, P.E., Director August 17,2000 ! - By. l AJ S 0 v g l� Rick Trice, P.E. Manager Consultant Services Division Fort Worth,Texas r P SPECIAL. INSTRUCTION 'rO BIDDERS (TRANSPORTATIONMUBLIC WORKS DEPARTMENT) I. 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(5910)per cent 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 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 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 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/I0)of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized,accredited or trusteed 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 DAIMAGES: The Contractor's attention is called to Part I, 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. 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 comply required to 1Y with provision 5159a of"Vernons Annotated q P 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. r 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, $500,000 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. NONRESIDENT BIDDERS: Pursuant to Article 601 g,Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "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. z This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923, as amended,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 addition,the bidder shall submit the MBEIWBE 1 UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")as appropriate. The Documentation must be received no later than 5:00 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 Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal, state or local laws or ordinances relating to false statement, 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 participation in City work for a period of time of not less than three(3)years. 11. _AWARD OF CONTRACT: Contract may not necessarily be awarded to the lowest bidder of Unit II or Unit III. The Engineer will evaluate the bids on Unit 11 and Unit III and select the bid that is in the best interest of the City of Fort Worth. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49) 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 forty-nine(49)days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 12. PAYMENT: The Contractor will receive full payment(minus S%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 as a whole and not for individual locations. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipr"time and'acknowledging them at the time of bid receipt. hiformation regarding the statub of addenda may be obtained by contacting the Department of Engineering Construction Division at (817)871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non- responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83, or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. A Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the. governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide - services on the project. "Services" include,without limitation,providing, hauling,or delivering equipment or materials,or providing labor,transportation, or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code.Section 401.011 (44)or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends ° during the duration of the project,the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of I coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project: (5) retain all requited certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and r (7) contractually require each person with whom it contracts, to perform as required by paragraphs(1)-(7), with the certificates ofcoverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. "[leis notice does not satisfy otter posting requirements imposed by " the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". 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 person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees,or person acting on their behalf,shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of 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 failtii�e to 'amply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 r *' City of Fort worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY N the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar A value of the contract is less than$25,000,the M/WBE goal is notapplicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MMBE PROJECT GOALS The City's MBE/WBE goal on this project is 14 % of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS �- On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. M/WBE Utilization Form, if goal received by 5:00 p.m.,five(5) City business days after the is met or exceeded: bid opening date,exclusive of the bid opening date. 2. Good Faith Effort Form and M/WBE received by 5:00 p.m.,five(5) City business days after the Utilization Form,if participation is bid opening date,exclusive of the bid opening date. less than stated goal: r, 3.Good Faith Effort Form if no received by 5:00 p.m.,five(5) City business days after the participation: bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5) City business days after the bid opening date,exclusive of the bid opening date. *r FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. Any questions, please contact the M/WBE Office at(817) 871-6104. Rev.06/19/00 ATTACHMENT 1A Page 1 of 2 City of Fort Worth Minority and Women Business Enterprise SRIppff"090sFw MBEIWBE UTILIZATION PUO SEF' 12 PM 3 43 PRIME COMPANY NAME BID•OATE MAIN 390 DRAINAGE AREA PS46-070460410280 PROJECT NAME: SANITARY SEWER SYSTEM REHAB.&IMPROVEMENTS PROJECT NUMBER (GROUP6,CONTRACTII),PART 5,UNIT 5 D.O.E.#2797 CI'fY'3 M/WBE PROJECT GOAL: li% �t/WBE PERCENTAGE ACHIEVED: -7, .2(o dJa 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 tieing 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 intentional and/or knowing misrepresentation of facts is grounds for consideration of disquatification and will result in the bid being considered non-responsive to specifications. Certified S Contractin S ci AlDotlar-Amount .. Company tneNa ,-Contact Name, P�dY All_ 9 Pe fYl ltema:to be Address,and Telephone No. Scope of Work(`` Supplied(`) ,Z• QF� V ` U Gras X P PC bo33g ° dt(L�c f00 -��a401 N3 r r /+r a r -I-a C. /e,ra- � MA%Ws must be-located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. M SPNMVal.ara*ln which KWBVs are to be utilized and/or items to be supplied: (") A complete listbigof IRerns to be supplied is required In order to receive credit toward the MIINBE goat. (")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 1"tier,a payment by a subcontractor to its supplier is considered 2nd tier. I THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 DEPT aF City of Fort Worth 11101NFE!IN'C/C F Minority and Women Business Enterp> $ ifrl� ti n� S del r�1 :3 MBE/WBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. -- Scope of Work(•) Supplied(") V 2 ~2 The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by 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. ALL MBEs an B MUST E ERTIFIED BY THE Cl i r BEFORE CONTRACT Avvi�RD a (7)( - r',in�� bi II �Iq° Authorized SighAture Printed Sigripture �.�Ir1S`�Ci2y c'Eu�neRA �n� t-Fi Title Contact N me and Title (if different) C'.RR16 fly,DEQ , J7J6 Qna�aa�4--� K ( 0 2 Company Name Telephone Number(s) C) 13ox 5o C) an-)-I avis -1664- Add1r9ss n Fax Number 0VVN �l SO(� 9-503-C% o _ City/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.6/2198 Pages 1 and 2 of Attachment 1A must be received by the Managing Department TTACHMENT 1 B Page 1 of 1 • City of Fort worth Minority and Women Business Enterprise SpecificatibbV F W w I Prime Contractor Waiver '00 SFP 12 PM 3 `I3 CPA Lv e7�-3 � , MAIN 390 DRAINAGE AREA Prime Company Name SANITARY SEWER REHAB. & IMPROVEMENTS (GROUP 6. CONTRACT 1). UNIT 5. PART 5 D.O.E. #2797 Q Project Name PS46-070460410280 Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to'complete this form in its entirety and be received by the Managing Department.on or 66ibre-,6:00 n.m.. five (5) City business days after bidooenir* , exclusive oftfle`bid`openinrg'data' lfresalt._in the bid being considered non-responsive to bldsp4cifications. Will you perform this entire contract without subcontractors? Yes '4No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes -L- -No If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) on this contract, the payment therefore and any proposed changes to the original 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. Authoriz6d Signature Printed Signature I� �S Title Contact Name (if different) Company Name ContactTelephone Number(s) 1�- L�k 5� qrJ 2 aq L1 o(Q Address 1-x4tv CIM Fax Number 1 (p Rev.6/2198 ATTACHMENT 1C -� b E PT OF Page 1 of 3 NSINEEKINI/C FW City of Fort Worth Minority and Women Bih4a"i LkAt$r643 GOOD FAITH EFFORT C)a - © 1-0-0 Prime Company Name . Bid Date MAIN 390 DRAINAGE AREA SANITARY SEWER REHAB. & IMPROVEMENTS (GROUP 6. CONTRACT 1). UNIT 5. PART 5 D.O.E. # 2797 PS46-070460410280 Project Name Project Number 1t,yiau have failed to secure MMIBE participation and you have subcontracting and/or supplier opportunities or if your,MVIBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or Knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received' by the Managing Department on or before 5:00 p.m. five(5) City business days after bid opening, exclusive of :bid opening date, Holl result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS)which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities a µ �RULDip-� ATTACHMENT 1 C Page 2 of 3 IEPT #F �'�Il1N��RfN�/f FW 2.) Did you obtain a current list of M1WBE firms from the City's OJ2ceh li$ ' considered in compliance, if it is not more than 3 months old from the date of bid openin `� Yes Date of Listing ! f XNO 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes If yes, attach M/WBE mail listing to include name of firm and address and a dated _X-No copy of letter mailed. 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes If yes, attach list to include name of M/WBE firm, ep rson contacted, No phone number and date and time of contact. NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is. used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE. f a SIC list of M/WBE is ten or less, the bidder must contact the entire list to be in.compliance with questions 3 and 4. If a sic list of M/WBE is more than ten, the bidder must contact at least two- - of the list but not less than ten to be in compliance with questions 3 and-4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) If M/WBE bids were received and rejected, you must: (1) List the M/WBE firms and the reason(s)for rejection (i.e., quotation not commercially reasonable, qualifications, etc.) and (2) Attach affidavit and/or documentation to support the reason(s) listed below(i.e.. letters, memos, bids,telephone calls, meetings, etc.) lease use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ATTACHMENT 1C Igo Page 3 of 3 �Rf�i�fyf ADDITIONAL INFORMATION: 'SS SEP 12 P y� ` Please provide additional information you feel will further explain your good and hMiest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's MIWBE Office. a 4, LWUQ . Au ori d S nature U Printed Sigriature M Title Contact Name and Title (if different) Cp-ptl 61 Company Name Telephone Number(s) cam' -moo© Address Fax Number 1L I tsc;cobg_(a-oma City/State/Zip Date F OLDEN aoc -- s o I I U G Specialists in the Design and Construction ^ Craig Olden, Inc. of Earth Retention Systems S E"T V Y E A R S September 11, 2000 CITY OF FORT WORTH '00 SEP 12 PA 3 93 Dept. of Engineering 1000 Throckmorton Ft.Worth, Texas 76102 RE: M/WBE Specifications/Good Faith Effort Documentation City of Ft. Worth—Main 390 Drainage Area Sanitary Sewer System Rehabilitation&Improvements D.O.E.#2797/PS46-070460410280 COINC RFQ NO.2988 Dear Sir: Craig Olden, Inc. is a specialty contractor in the construction of gabion, soil stabilization and erosion control structures and related work in channels, lakes, and wet areas. The company has constructed over 1,200 gabion structures in the Metroplex alone. As a specialty contractor, the company's equipment and tools have been specifically acquired and modified to optimize their performance in the unique environment of erosion control construction. In addition, the work force has been trained for this type of work using a comprehensive program on work methods and procedures that are necessary to produce a quality project in the most efficient manner. CRAIG OLDEN, INC. also administers a quality assurance program to monitor all phases of the construction in order to assure the City that the work will meet or exceed the ` quality and the intent of the contract plans and specifications. It is the use of specialized equipment, trained work crews, and the dedication to quality assurance, that will provide the City of Dallas and their citizens the most effective erosion control system available. It should be noted that the primary scope of work in this contract is the construction of gabion channel protection along Canyon Creek Trail. As such, the majority of this project will be constructed by Craig Olden, Inc.'s own work force. However, Craig Olden, Inc. is dedicated to the City of Ft.Worth's M/WBE Ordinance and we plan to subcontract a portion of this project that will not be constructed by our own forces. We plan to use qualified M/WBE subcontractors to haul the gabion stone, rock riprap, and select fill and haul off excess dirt and construction debris. We believe our efforts to secure 7.261/o M/WBE participation demonstrated the ` willingness of Craig Olden, Inc. to maximize the M/WBE participation and fulfill a successful "Good Faith Effort". Thank you for the opportunity to participate in this project. We look forward to providing City of Ft.Worth a quality structure. r Sincerely, Cindy olifield Construction Operations CH:ch e P.O. Box 5000 • Little Elm, Texas 75068 • Dallas 972 %294-5000 • 1-800-GABIONS • FAX 972/294-2664 • www.gabion.com PART B - PROPOSAL Part It PROPOSAL THIS PROPOSAL INIUST .NOT BE REMOVED FROM THIS BOOL` OF CONTRACT DOCUMENTS. TO: Mr. Bob Terrell City Manager Fort Worth, Texas 2000 Main 390 Drainage Arca Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part 5 Sewer Project No. PS46-070460410280 UNIT 5 - D.O.E. Project No. 2797 Pursuant to the forewin2 "Notice to Bidders," the undersigned bidder has thoroughly examined the Contract Documents, including Plans, special Contract Documents, the General Contract Documents, and General Specifications for Water Department Projects, and the site of the project. understands the amount of work to be done, and hereby proposes to do all the work, furnish all labor, equipment and materials necessary to complete all the work as provided in the ` plans and specifications, and subject to the inspection and approval of the Engineering Department Director of the City of Fort Worth, Texas. The contractor must be pre-qualified in accordance with the Water Department of the City of Fort Worth requirements. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond. and such other bonds. if any, approved by the City of Fort Worth for the performing and completing of said work within the time stated and for the following sums, to wit: or P, r PART ; - UNIT i (I) r w MAIN 390 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 6, CONTRACT 1) PART 5, UNIT 5, DOE NO. 2797 ITEM QUANTITY DESCRIPTION UNIT NO. AND UNIT PRICE AMOUNT Right-of-way preparation (including $ 3.000.00 $_3..000.00 removal of all existing structures in 1 1 LS channel ROW) Lump Sum Unclassified channel excavation ■ Complete in Place for 2 145 CY C h Dollars ■ and Ald Cents per Cubic Yana 24"rock riprap(includes filter cloth) $ $.O_' ■ Complete in Place for 3 5 CY S NDollars and Ald Cents per Cubic Yana Select material for fill $ $ o ■ Complete in Place for 4 385 CYC a h'�-el) Dollars an Cenfs per Cubic Yard Concrete Retaining Wail $ Complete in Place for 5 13.8 CY Fav 6-- Hwid(lcd Dollars and &i Cents per Cubic Yard Gabion Mattresses $ $ Complete in Place for Ohc t+4 o d ee d 6 199 CY i=.o1-1 =.v Dollars and IVO Cents per Cubic Yard Gabion Baskets $ Complete in Place for ■ 7 101 CY Dh-c H-f e � Sit - V-Dollars ad O Cents per Cubic Yard PART 5 — UNIT 5Q MAIN 390 DRAINAGE AREA SANITARY SEWER SYSTEM REHABILITATION AND IMPROVEMENTS (GROUP 6, CONTRACT 1) PART 5, UNIT 5, DOE NO. 2797 ITEM QUANTITY DESCRIPTION UNIT NO. AND UNIT PRICE AMOUNT Install 6"Concrete Cap $ Complete in Place for 8 23 SY a Dollars and 416 Cents per Square Yard Enkamat Slope Protection $ ori . Complete in Place for 9 530 SY — Ve Dollars and J _Cents Square yard Bolt Down Lid with frame For 4° Dli�meter�anhole re� M 10 4 EA 'fhvide Dollars and =Cents Per Each Install Block SOD Over the bank 11 170SY Dollars and Cents Square yard Install Hydromulch over $ S-0 ;b ,(1S The bank on Enkamat Slop 12 530SY Prot tion /v Dollars and Cents Square Y d SANITARY SEWER REHAB.—UNIT 5 TOTAL AMOUNT BID: $_ �,O S3 PART 5 — UNIT 5 (3� Within ten (10) days after notification by City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of rc 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 undersisned bidder certifies that lie has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1975, 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 undersisned assures that its employees and applicants for employment and those of any labor oreanization, 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. 7275 as amended by the City Ordinance No. 7400. �- The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order. and to complete the contract within one hundred (100) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) "- A. The principal place of business of our company is in the State of Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. r Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 y PART 5 — UNIT 5 (4) -� Respectfully submitted, C� .�C.� /� L D� r ��►'G. B� Ti le get Address (SEAL) If Bidder is Corporation Date: �' PART 5 — UNIT 5 (i) PART C - GENERAL CONDITIONS PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1 (1 ) C1-1. 2 Contract Documents C1-1 (1 ) C1-1. 3 Notice to Bidders C1-1 ( 2 ) C1-1. 4 Proposal C1-1 ( 2 ) C1-1. 5 Bidder C1-1 ( 2 ) C1-1. 6 General Conditions C1-1 ( 2 ) C1-1. 7 Special Conditions C1-1 (2 ) C1-1. 8 Specifications C1-1 ( 2) C1-1. 9 Bond C1-1 ( 2 ) C1-1. 10 Contract C1-1 ( 3 ) C1-1. 11 Plans C1-1 ( 3 ) C1-1.12 City C1-1 ( 3 ) C1-1. 13 City Council C1-1 (3 ) C1-1. 14 Mayor C1-1 ( 3 ) C1-1.15 City Manager C1-1 (3 ) C1-1.16 City Attorney C1-1 (3 ) C1-1.17 Director of Public Works C1-1 (4 ) C1-1.18 Director, City Water Department C1-1 (4 ) C1-1. 19 Engineer C1-1 (4 ) C1-1.20 Contractor C1-1 ( 4 ) C1-1.21 Sureties C1-1 ( 4 ) C1-1. 22 The Work or Project C1-1 ( 4 ) C1-1.23 Working Day C1-1 (4 ) C1-1.24 Calendar Day C1-1 (4 ) C1-1.25 Legal Holiday C1-1 (4 ) C1-1. 26 Abbreviations C1-1 (5 ) C1-1.27 Change Order C1-1 (6 ) 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 C1-1 (6 ) C1-1. 32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2. 1 Proposal Form C2-2 (1 ) C2-2.2 Interpretation of Quantities C2-2 ( 1) C2-2. 3 Examination of Contract Documents and Site C2-2 ( 2) C2-2. 4 Submitting of Proposal C2-2 (3 ) C2-2. 5 Rejection of Proposals C2-2 ( 3 ) C2-2.6 Bid Security C2-2 (3 ) (1) C2-2. 7 Delivery of Proposal C2-2 ( 4 ) C2-2. 8 Withdrawing Proposals C2-2 (4 ) C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 ) C2-2.10 Public Opening of Proposal C2-2 ( 4 ) C2-2 . 11 Irregular Proposals C2-2 (4 ) C2-2 . 12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3 . 1 Consideration of Proposals C3-3 (1) C3-3 . 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1 ) C3-3. 3 Equal Employment Provisions C3-3 (1) _ C3-3 . 4 Withdrawal of Proposals C3-3 (2) C3-3 . 5 Award of Contract C3-3 (2) C3-3 . 6 Return of Proposal Securities C3-3 (2 ) C3-3 . 7 Bonds C3-3 ( 2) C3-3.8 Execution of Contract C3-3 (4 ) C3-3 . 9 Failure to Execute Contract C3-3 ( 4 ) C3-3. 10 Beginning Work C3-3 (4 ) _ C3-3.11 Insurance C3-3 (4 ) C3-3 . 12 Contractor ' s Obligations C3-3 (7) C3-3 . 13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 ( 8 ) C4-4 SCOPE OF WORK C4-4. 1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1 ) C4-4. 3 Increased or Decreased Quantities C4-4 (1) C4-4. 4 Alteration of Contract Documents C4-4 (2) C4-4 .5 Extra Work C4-4 (2) C4-4 . 6 Schedule of Operations C4-4 ( 3) C4-4 . 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS 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) - 05-5. 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 ) - 05-5. 11 Substitute Materials or Equipment C5-5 ( 5 ) C5-5.12 Samples and Tests of Materials C5-5 (6 ) C5-5. 13 Storage of Materials C5-5 (6 ) - 05-5.14 Existing Structures and Utilities C5-5 (7 ) C5-5. 15 interruption of Service C5-5 (7) C5-5. 16 Mutual Responsibility of Contractors C5-5 (8 ) _ C5-5. 17 Cleanup C5-5 (8 ) C5-5. 18 Final Inspection C5-5 ( 9 ) (2) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 . 1 Laws to be Observed C6-6 (1 ) C6-6 . 2 Permits and Licenses C6-6 (1 ) C6-6 . 3 Patented Devices, Materials and Processes C6-6 ( 1) C6-6 . 4 Sanitary Provisions C6-6 ( 2 ) C6-6. 5 Public Safety and Convenience C6-6 ( 2 ) C6-6 . 6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 ( 3 ) C6-6. 7 Railway Crossings C6-6 ( 4 ) C6-6. 8 Barricades, Warnings and Watchmen C6-6 ( 4 ) C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (5 ) C6-6. 10 Work Within Easements C6-6 (6 ) C6-6. 11 Independent Contractor C6-6 ( 8 ) C6-6.12 Contractor ' s Responsibility for Damage Claims C6-6 (8 ) C6-6. 13 Contractor ' s Claim for Damages C6-6 ( 10 ) C6-6. 14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6. 15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished ny 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 ) w 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 , a' 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 r PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS El-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 3 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 , F 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 part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and 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. C1-1 (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 : Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees 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 Monday in May 4 . Independence Day July 4 5 . Labor Day First Monday in September 6 . Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November S . 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 - Square 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. r All " Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment ,. not including an oiled surface , with or without .separate base material. 3 . Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1 . 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. " C1-1 . 30 CITY STREETS : A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 21 ) feet back of the curb lines or four ( 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 . as been add--e-a add--e-aone or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6 ) SECTION C - GENERAL CONDITIONS �r 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 L seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has L 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. LC2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work and materials to be furnished as may be listed in the proposal L C2-2(1 ) L 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 G difficulties of the work and all attending circumstances affecting the cost of doing the work or the time requiged for its completion, and obtain all information required to make an intelligent proposal . No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation , research, tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-Facie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct . Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is L representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation , the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. 4M C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if t ey 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 4 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 _E 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 IRREGULAR PROPOSALS: Proposals shall be considered as being"Irregular" if they show any omissions , alterations of form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind. However, the C2-2( 4 ) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: AM 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. r 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. 4W 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 ( S ) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner , the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS +� ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE ) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6 ) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 ( 1 ) The Contractor shall post the required notice to that effect on the project site , and , at his request , will be provided assistance by the City of Fort north ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3- 3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to T withhold anal 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 prase totals have been determined for comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which , in its judgment, would not be considered for the award . All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 . 7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract , and for the Y protection of the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2 ) bond shall guarantee the payment for all labor , materials, equipment, supplies , and services used M in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8 .10. ,.� C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts * 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner . All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas , and which is acceptable to the owner . In order to be acceptable , the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and ,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: The Contractor shall not commence work _ under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) 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 , 0.00 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. 4" C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage,., the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. y 3 . Collapse of buildings or structures adjacent to excavation ( if excavations are to Oe performed adjacent to same) . 4. Damage to underground utilities for $500 , 000 . 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 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. - g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the R 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 limits 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 North-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, to 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. 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 considered as C4-4 ( 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 fo. 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 y 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 A 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 coats 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 tine 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 expected. Thera 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 f 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 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 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 y 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 r 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 For the Owner. f. Thirty days shall be used for submittal review Funless 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. FFor 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. MW JL 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. a 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 acceptably , tie cnay 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. C4-4 ( 5 ) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5. 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents . 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. 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 or 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 representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor ' s agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be F subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2 ) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor on the project. C5-5 . 6 FIELD OFFICE: The Contractor shall provide , at no extra compensation , an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated , air conditioned , lighted, and weather-proof , so that documents will not be damaged by the elements. C5-5 . 7 CONSTRUCTION STAKES : The City, through its Engineer, will furnish the Contractor with all lines , grades , and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents , and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3 ) These stakes or markings shall be set sufficiently in advance of construction operations to avoid delay . Such stakes or markings as may be established for the Contractor ' s use or guidance shall be preserved by the Contractor until he is authorized by the Engineer to remove them. Whenever, in the opinion of the Engineer , any stakes or markings have been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees , the full cost of replacing such stakes or marks plus 25 % will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. C5-5 . 8 AUTHORITY AND DUTIES OF CITY INSPECTORS : City Inspectors will be authorized to inspect all work done and to be done and all materials furnished . Such inspection may extend to all or any part of the work, and the preparation or manufacturing of the materials to be used or equipment to be installed. A City Inspector may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed, to report any evidence that the materials being furnished or the work being performed by the Contractor fails to fulfill the requirements of the Contract Documents , and to call the attention of the Contractor to any such failure or other infringements . Such inspection or lack of inspection will not relieve the Contractor from any obligation to perform the work in accordance with the requirements of the Contract Documents. In case of any dispute arising between the Contractor and the City Inspector as to the materials or equipment furnished or the manner of performing the work, the City Inspector will have authority to reject materials or equipment to suspend work until the question at issue can be referred to and be decided by the Engineer . The City Inspector will not , however, be authorized to revoke, alter , enlarge, or release any requirement of these Contract Documents , nor to approve or accept any portion or section of the work, nor to issue any instructions contrary to the requirements of the Contract Documents . He will in no case act as superintendent or foreman or ,perform any other duties for the Contractor , or interfere with the management or operation of the work. He will not accept from the Contractor any compensation in any form for performing any duties . The Contractor shall regard and obey the directions and instructions of the City Inspector or Engineer when the same are consistent with the obligations of the Contract Documents , provided, however, should the Contractor object to any orders or instructions of the City Inspector , the Contractor may within six days make written appeal to the Engineer for his decision on the matter in controversy. C5-5 (4 ) C5-5 . 9 INSPECTION : The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not •- the work as performed is in accordance with the requirements of the Contract Documents . If. the Engineer so requests , the Contractor shall , at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination , the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable, the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. Ps C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials, or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans , except as herein specifically provided, or any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner . Work so done may be ordered removed at the Contractor ' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal to any material or equipment specified, and if Contractor wishes to furnish or use a proposed substitute , he shall, prior to the preconstruction conference , :Hake written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that ,i specified; and identifying all variations of the proposed C5-5 ( 5 ) substitute from that specified and indicating available maintenance service . No substitute shall be ordered or installed without the written approval of Engineer who will be the judge of the equality and may require Contractor to furnish such other data about the proposed substitute as he considers pertinent . No substitute shall be ordered or installed without such performance guarantee and bonds as Owner may require which shall be furnished at Contractor ' s expense . Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against the claims , damages, losses and expenses ( including attorneys fees ) arising out of the use of substituted materials or equipment. - C5-5. 12 SAMPLES AND TESTS OR MATERIALS: Where, in the opinion of the Engineer, or as called for in the Contract Documents , tests of materials or equipment are necessary, such tests will be made at the expense of and paid for direct to the testing agency by the Owner unless otherwise specifically provided. The failure of the Owner to make any tests of materials shall be in no way relieve the Contractor of his responsibility of furnishing materials and equipment fully conforming to the requirements of the Contract Documents. Tests and sampling of ' materials , unless otherwise specified , will be made in accordance with the latest methods prescribed by the American Society for Testing Materials or specific requirements of the A Owner . The Contractor shall provide such facilities as the Engineer may require for collecting and forwarding samples and shall not , without specific written permission of the Engineer, use the materials represented by the samples until tests have been made and the materials approved for use. The Contractor will furnish adequate samples without charge to the Owner. In case of concrete , the aggregates , design minimum, and the mixing and transporting equipment shall be approved by the Engineer before any concrete is placed, and the Contactor shall be responsible for replacing any concrete which does not meet the requirements of the Contract Documents. Tests shall be made at least 9 days prior to the placing of concrete , using samples from the same aggregate , cement, and mortar which are to be used later in the concrete. Should the source of supply change, new tests shall be made prior to the use of the new materials. C5-5 . 13 STORAGE OF MATERIALS: All materials which are to be used in the construction operation shall be stored so as to insure the preservation of the quality and fitness of the work. When directed by the Engineer, they shall be placed on wooden , platforms or other hard, clean durable surfaces and not on the C5-5 (6 ) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate PR prompt inspection. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities . The location of many gas mains , water mains , conduits , sewer lines and service lines for all utilities , etc . , is unknown to the Owner , and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances . The Contractor shall take all necessary precautions in order to protect all existing utilities , structures and service lines . Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight (48 ) hours in advance of construction including exploratory excavation if necessary . All verification of existing utilities and their adjustment shall be considered as subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor , at least 24 hours in advance, shall be required to: 1. Notify the Water Department ' s Distribution Division as to location , time , and schedule of service interruption. C5-5 (7 ) 2. Notify each customer personally through responsible personnel as to time and schedule y, of the interruption of their service, or 3 . In the event that personal notification of a customer cannot be made , a prepared tag form shall be attached to the customer ' s entrance door knob . The tag shall be durable in composition, and in large bold type shall say: "NOTICE" Due to Utility Improvement in your neighborhood, your (water) (sewer) service will be inter- rupted on between the hours of and This inconvenience will be as -� short as possible. Thank you, F Contractor Address Phone b. Emergency: In the event that an unforeseen service interruption occurs , notice shall be as above,but immediate. C5-5 . 16 MUTUAL RESPONSIBILITY OF CONTRACTORS : If , through acts or neglect on the part of the Contractor , any other Contractor or any sub-contractor shall suffer loss or damage on the work, the Contractor agrees • to settle with such other Contractor or sub-contractor by agreement or arbitration. If r such other Contractor or sub-contractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner will notify the Contractor , who shall indemnify and save harmless the Owner against any such claim. C5-5 . 17 CLEAN-UP: Clean-up of surplus and/or waste materials accumulated on the job site during the prosecution of the work under these Contract Documents shall be accomplished in keeping with a daily routine established to the the satisfaction of the Engineer . Twenty-fours fours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the - Engineer , if the Contractor fails to correct the C5-5 (8 ) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action , plus 25% of such costs , shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright , clean , polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the project. C5-5 . 18 FINAL INSPECTION: Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council . No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9 )