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HomeMy WebLinkAboutContract 31206 CITY SECRETARYt y� ,,-r n CONTRACT NO_ � ?�'_ 17 SPECIFICATIONS AND �0. CONTRACT DOCUMENTS FOR � 111.41 i UEPAR-f1'V'iCNT HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE PHASE I, UNIT 3 - SECTION A Water No. P163-060163014105 Sewer No. P173-070173014004 D.O.E. No. 4120 GARY JACKSON MIKE MONCRIEF CITY MANAGER MAYOR ROBERT D. GOODE, P.E. S. FRANK CRUMB, P.E. DIRECTOR ACTING DIRECTOR TRANSPORTATION AND WATER DEPARTMENT PUBLIC WORKS MARC OTT A. DOUGLAS RADEMAKER, P.E. ASST. CITY MANAGER DIRECTOR DEPARTMENT OF ENGINEERING AUGUST 2004 EM 01 -19-05P01 : 15 RCVD M III Freese and Nichols 4055 INTERNATIONAL PLAZA, SUITE 200 FORT WORTH, TEXAS 76109-4895 (817) 735-7300 -- F&N No. FTW02335 ORIGINAL www..�A';'FWNet.org 1 �2t4'!_, ,Home I Council Agenda I M&C I Empl*Vee DirectarV I Morning Report I Ads I PRS I IT Online I Departments I Site Map Print M&C COUNCIL ACTION: Approved on 11/30/2004 DATE: 11/30/2004 REFERENCE NO.: **C-20414 LOG NAME: 3054HOLLY OSCAR CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Award of a Contract to Oscar Renda Contracting, Inc., for Construction of the Holly 54- Inch Water Main Extension, Phase I, Unit 3 — Section (A) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to award a contract with Oscar Renda Contracting, Inc., in the amount of$5,260,155.00 for construction of the Holly 54-inch Water Main Extension, Phase I, Unit 3 - Section `A' from White Settlement Road to Northside Drive. DISCUSSION: The City Council authorized the City Manager to execute an engineering agreement with Freese & Nichols, Inc. on June 18, 2002 (M&C C-19124), to prepare plans and specifications for the Holly 54-inch Water Main Extension, Contract 1. The project will provide increased water service delivery and reliability to satisfy current and future demands in the rapidly growing northern sector of the city. This project has been divided into three units. Unit 1 was completed in October 2004. Unit 2 is currently under construction. To expedite the project effectively, the Unit 3 portion was divided into two sections. Section 'B' will be advertised January 2005. Unit 3, Section 'A' consists primarily of the installation of approximately 6,518 linear feet of 54-inch polyurethane-coated steel pipe (Pressure Class 200) water main for Harrington Avenue from Northside Drive to the South Dead End (north of Jacksboro Highway); between Harrington Avenue South Dead End and Cullen Street (north of Jacksboro Highway); and Rupert Street from Cullen to White Settlement Road. Unit 3, Section `A' also consists of the installation of 3,100 linear feet of 12-inch water line on Grand Avenue, Cullen Street and Rupert Street between Harrington Avenue and White Settlement Road; 570 linear feet of 10-inch water line on Harrington Street from Northside Drive to Grand Avenue; and 1,360 linear feet of 8- inch sanitary sewer pipe on Harrington Avenue between Grand Avenue, which is approximately 350 linear feet south of Terrace Avenue. After the proposed improvements are complete, the portions of Henderson Street, Cullen Street, Rupert Street and White Settlement Road will be pulverized and overlayed with asphalt and sections of curb and gutter will be replaced as shown on the plans. This project was advertised for bid on August 12 and 19, 2004. On September 16, 2004, the following bids were received: Bidder Amount Time of Contract Oscar Renda Contracting, Inc. $5,260,155.00 365 calendar days S. J. Louis Construction of Texas, LLP $5,437,167.63 William J. Schultz, Inc. d/b/a $5,672,588.50 Circle "C" Construction Company John Burns Construction Company of Texas $9,433,950.00 Oscar Renda Contracting, Inc. is incompliance with the City's M/WBE Ordinance by committing to 25% M/WBE participation. The City's goal on this project is 22%. In addition to the contract cost, $157,805.00 is required for possible change orders and $368,210.00 is required for inspection/survey. This project is located in COUNCIL DISTRICTS 2 and 9, Mapsco 61 E and H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds will be available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P163 541200 060163014105 $5,260.155.00 Submitted for City Manager's Office by: Marc Ott (6122) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE—PHASE 1,UNIT 3, SECTION A . DOE#4120 WATER DEPT.WATER PROJECT NUMBER: P163-060163014105 WATER DEPT. SEWER PROJECT NUMBER: P173-070173014004 BID OPENING DATE: SEPTEMBER 16,2004 ADDENDUM ISSUE DATE: SEPTEMBER 1, 2004 Prospective bidders are hereby notified of the following: 1. Contract Documents: A. Notice to Bidders and Comprehensive Notice to Bidders The bid receipt and opening date is hereby postponed to Thursday September 16, 2004. The sealed proposals, as described in the Notice to Bidders and Comprehensive Notice to Bidders, will be received at the Purchasing Office until 1:30 p.m., Thursday September 16, 2004 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. All other items in the Notice to Bidders and Comprehensive Notice to Bidders remain unchanged. This addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum No. 1 in the space provided, in the bid proposal page 22, and on the outer envelope of your bid. Failure to acknowledge could subject the bidder to disqualification. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge receipt of the Addendum could cause the subject bidder to be considered"NONRESPONSIVE",resulting in disqualification. RECEIPT OF ADDENDUM ACKNOWLEDGED: By: A. Douglas Rademaker, P.E., Director Title: Depart ent of Engineers Address: Telephone: Trice, P.E., Manager Consultant Services Addendum No. 1 September 1,2004 FTW02335 1 of 1 �g,OF r CITY OF FORT WORTH FFF�14 X1073 DEPARTMENT OF ENGINEERING ADDENDUM NO.2 �GG ��� TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE—PHASE I, UNIT 3, SECTION A DOE#4120 WATER DEPT. WATER PROJECT NUMBER: P163-060163014105 WATER DEPT. SEWER PROJECT NUMBER: P173-070173014004 BID OPENING DATE: SEPTEMBER 16,2004 ADDENDUM ISSUE DATE. SEPTEMBER 10,2004 Prospective bidders are hereby notified of the following: 1:. Contract Documents: A. Notice to Bidders and Comprehensive Notice to Bidders Replace the Notice to Bidders and the Comprehensive Notice to Bidders with the Notice to Bidders and Comprehensive Notice to Bidders attached to this addendum. B. Part D—Special Conditions D-24 Trench Excavation, Backfill, and Compaction: Replace: "4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs of excavation and backfill will be included in the price bid per linear foot of water and sewer pipe." With "4. MEASUREMENT AND PAYMENT: All material, including any and all Type "B" backfill, and labor costs of excavation and backfill will be included in the contract documents as a pre-bid pay item in cubic yards." D-25 Pavement Repair(E2-19): Include the statement: "The results of the street cores that were conducted on the project streets, to determine HMAC depths on existing streets, are provided in these specifications and contract documents." D-26 Site Specific Trench Safety System (Covers All Projects): Replace: "D. MEASUREMENT — Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures." With Addendum No.2 1 of 4 September 10,2004 FTW02335 "D. MEASUREMENT — Trench depth is the vertical measurement from the top of the existing ground to the bottom of the embedment or bottom of excavation." D-62 Temporary Pavement Repair: Replace D-62 Temporary Pavement Repair with the following. "The Contractor shall provide a temporary pavement repair immediately after trench backfill and compaction using a minimum of 2-inches of hot mix asphalt over a minimum of 6- inches of compacted flex base. The existing asphalt shall be saw cut to provide a uniform edge and the entire width and length of the temporary repair shall be rolled with a steel asphalt roller to provide smooth ride ability on the street as well as provide a smooth transition between the existing pavement and the temporary repair. Cost of saw cutting shall be subsidiary to the temporary pavement repair pay item. The contractor shall be responsible for maintaining the temporary pavement until the paving contractor has mobilized. The paving contractor shall assume maintenance responsibility upon such mobilization. No additional compensation shall be made for maintaining the temporary pavement." C. Part DA—Additional Special Conditions DA-37 Potentially Petroleum Contaminated Material: Include the following in section B: "2. For PVC Water lines where petroleum hydrocarbon resistant gaskets are not available joints shall be wrapped in polyethylene with a minimum thickness of 40 mil and incased in flowable fill. Cost of polyethylene shall be included in the bid price of the water line." D. Transportation and Public Works Department—Special Instruction to Bidders Replace the Special Instruction to Bidders (Transportation and Public Works) with the Special Instruction to Bidders (Transportation and Public Works) attached to this Addendum. - E. Proposal Replace the Proposal with the Proposal attached to this Addendum. F. Additional Technical Specifications Section 15641 —Corrosion Control Test Stations. Replace the Test Station Schedule with the one attached to this Addendum. 2. PLAN SHEETS: A. Sheet 2 Change Note "All construction within the following limits shall be constructed only between October 1, 2004 and May 1, 2005. Existing 36 /30" Transmission Main shall remain in service until October 1. New Transmission main shall be in service by May 1, 2005. Sta 95+00 to 109+48, Sta 137+50 to 148+00." to "Existing 36 /30" Transmission Main shall remain in service until the Proposed 54" water main is installed, pressure tested, and disinfected. Contractor shall provide a closure section that shall be included in the unit bid price for the 54" line. New transmission main shall be in service by May 1, 2005" Addendum No. 2 2 of 4 September 10,2004 FTW02335 B. Sheets 10 and 11 Lower the 54" waterline from Station 108+70 to 109+10. Add D-hole of 30" waterline. Remove 2-30" plug. See revised sheets 10 and 11 attached to this Addendum. C. Sheet 14 Remove 54"x12" Flanged outlet, 12" flange isolation gasket and 12" gate valve. See revised sheet 14 attached to this Addendum. D. Sheet 16 The PI at Station 135+58.99/135+135+86.46 has a deflection of 47o39'41 '. Remove 54"x12" outlet. See revised sheet 16 attached to this Addendum. E. Sheet 17 Remove 2-54"x12" outlets. See revised sheet 17 attached to this Addendum. F. Sheet 18 Flatten grade of water line, move blow-off valve to station 144+80, remove air release assembly, add connection to proposed 16" water line, and add connection to existing 30" water line. See revised sheet 18 attached to this Addendum. G. Sheet 20 See revised sheet 20 attached to this Addendum. H. Sheet 21 Remove 2-54"x12" outlets. Remove 1-12" gate valve. Raise 12" water over 54" water line. Add 1"air release assembly. See revised sheet 21 attached to this Addendum. I. Sheet 22 Relocate air release assembly. Lower proposed 16" water line under 30" water line. Tie proposed 16" water line into the proposed 54" water line. Change proposed 12" water line to a 16" water line from station 12+08 to tie-in of 16" water line along White Settlement Road. See revised sheet 22 attached to this Addendum. J. Sheet 23 Raise the proposed 12" water line to line up with the connecting water line. See revised sheet 23 attached to this Addendum. K. Sheet 25 Remove 54"x12" outlet. Extend proposed 12" water line to connect to the proposed 12" water line along Cullen Street. See revised sheet 25 attached to this Addendum. L. Sheet 26 Remove 54"x12" outlet. End the proposed 12" water line at fire hydrant. See revised sheet 26 attached to this Addendum. Addendum No.2 3 of 4 September 10,2004 FTW02335 M. Sheets 27, 29, and 30 Add the following note: "Contractor shall protect existing 30" water line and keep it in service until the 54" water main is installed, tested, and disinfected." N. Sheet 35 Change the name of the "Typical Section — Trench Repair New Reinforced Concrete Pavement" to "Typical Section — Full Panel Replacement and Trench Repair New Reinforced Concrete Pavement' This addendum No. 2 foams a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum No. 2 in the space provided below, in the bid proposal page 24A, and on the outer envelope of your bid. Failure to acknowledge could subject the bidder to disqualification. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge receipt of the Addendum could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT OF ADDENDUM ACKNOWLEDGED: By: A. Douglas Rademaker, P.E., Director Title: Department of Engineering Address: By: Ali G� Telephone: �r'o r Rick Trice, P.E., Manag r Consultant Services Addendum No. 2 4 of 4 September 10,2004 FTW02335 NOTICE TO BIDDERS Sealed proposals for the following: FOR: HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DR PHASE I, UNIT 3, SECTION A WATER NO. P163-060163014105 SEWER NO. P173-070173014004 D.O.E. NO. 4120 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., Thursday, September 16, 2004 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and Specifications for this project may be obtained at the office of the Department of Engineering,.Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A set of plans and documents will be provided for a non-refundable fee of sixty dollars ($60.00) each. A majority of the work consists of the following: Approximately 4,500 LF 54"Waterline Approximately 3,800 LF 12", 10", & 8"Waterline Approximately 1,300 LF 8" Sanitary Sewer Line Approximately 3,600 SY Pulverization and overlay Included in the above will be all other items of construction as outlined in the Plans and Specifications. For additional information concerning this project, please contact Gopal Sahu, Project Manager, City of Fort Worth (817) 871-7949 or Ron King, P.E., Freese and Nichols, Inc. at (817) 735-7300. A pre-bid meeting will be held on Monday, Auqust 30, 2004 at 9:30 am in the Transportation and Public Works Conference Room No. 270, 2"d Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Advertising Dates: August 12, 2004 August 19, 2004 FTW02335 2A COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DR PHASE 1, UNIT 3, SECTION A WATER NO. P163-060163014105 SEWER NO. P173-070173014004 D.O.E. NO. 4120 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., Thursday, September 16, 2004 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and Specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A set of plans and documents will be provided for a non- refundable fee of sixty dollars ($60.00) each. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. A majority of the work consists of the following: Approximately 4,500 LF 54" Waterline Approximately 3,800 LF 12", 10", & 8"Waterline Approximately 1,300 LF 8" Sanitary Sewer Line Approximately 3,600 SY Pulverization and overlay Included in the above will be all other items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders shall not separate, detach, or remove any portion, segment, or sheets from the contract document at any time. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. A pre-bid meeting will be held on Monday, August 30, 2004 at 9:30 am in the Transportation and Public Works Conference Room No. 270, 2"d Floor, City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102 AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation"), and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of the contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of FTW02335 3A the forms included in the Minority and Women Business Enterprise section for submittal within the time- line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM with Documentation")and/orthe JOINT VENTURE FORM as appropriate. The Documentation must be received bythe managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Bidders are advised that the City of Fort Worth has not acquired all necessary railroad permits and easements for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary railroad permits and easements by the start of construction. In the event the necessary easements and/or right-of-way are not obtained, the City reserves the right to cancel the award of the contract at anytime before the Contractor begins any construction work on the project(s). In addition Bidders shall hold their unit prices until the City has completed the acquisition of all the easements and permits. The contractor shall be prepared to commence construction without all executed easement and permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require easements or permits. For additional information concerning this project, please contact Gopal Sahu, Project Manager, City of Fort Worth (817) 871-7949 or Ron King, P.E., Freese and Nichols, Inc. at (817) 735-7300. GARY JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E. Director By: r Rick Trice, P.E. Acting Assistant Director, DOE Advertising Dates: August 12, 2004 Auqust 19, 2004 FTW02335 4A SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%),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 bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion, will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: 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 and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest 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. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two(2)years after the date of acceptance of the project from defects in workmanship and/or material. 09/01/04 1 i 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8,paragraph 8.6, of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 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: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and (b)above. (d) With each partial payment estimate or payroll period, whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide, along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, $1,000,000 each occurrence($2,000,000 aggregate limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 09/01/04 2 b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to conunencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention linuts, on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report,in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g,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. 09/01/04 3 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. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUB CONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation")as appropriate is received by the City. The award of contract,if made, will be within ninety(90)days after this documentation is received,but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment(minus 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. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk of the Department of Engineering Construction Division at(817)392-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: 09/01/04 4 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. 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. 09/01/04 5 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 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 required 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 (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 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. 09/01/04 6 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. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by 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". 16. 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. 17. 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. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless _ against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 09/01/04 7 19. PROGRESS PAYMENTS,FINAL PAYMENT,PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the finalpunch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities, or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 09/01/04 8 PROPOSAL for Phase 1, Unit 3 — Section A (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Gary Jackson City Manager City of Fort Worth, Texas FOR: HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE PHASE I, UNIT 3 — SECTION A; PARTS 1A, 2A & 3A WATER PROJECT NO. P163-060163014105 SEWER PROJECT NO. P173-070173014004 DEPARTMENT OF ENGINEERING PROJECT NO. 4120 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of all improvements and appurtenant work shown in the plans and specification, all necessary appurtenances and incidental work to provide a complete and serviceable project. Pursuant to the foregoing "Notice to Bidders", the undersigned bidder, having thoroughly examined the contract documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the inspection and approval of the Director of the Engineering Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items): ("D-No." or "DA-No." refers to the related items in Part D-Special Conditions or Part DA — Additional Special Conditions, respectively) FTW02335 1 A CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO.3 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR y HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE—PHASE I,UNIT 3,SECTION A DOE#4120 WATER DEPT.WATER PROJECT NUMBER: P163-060163014105 WATER DEPT.SEWER PROJECT NUMBER: P173-070173014004 i BID OPENING DATE:SEPTEMBER 16,2004 ,. ADDENDUM ISSUE DATE:SEPTEMBER 14,2004 ,O t� Prospective bidders are hereby notified of the following: ••-• • . . 61073At - 1. Contract Documents: A. Proposal Replace the page 11 A of the proposal with the page 11 B attached to this Addendum. This addendum No. 3 forms a part of the Contract Documents referenced above and modes the OF Original Contract Documents and Plans. Acknowledge receipt of this Addendum No.3 in the space provided below, in the bid proposal page 24A, and on the outer envelope of your bid. Failure to acknowledge could subject the bidder to.disqualification. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein,shall remain in force. A signed copy of this Addendum should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge receipt of the Addendum could cause the subject bidder to be considered"NONRESPONSIVE',resulting in disqualification. RECEIPT OF ADDENDUM ACKNOWLEDGED: By: A.Douglas Rademaker,P.E., Director Title: Department of Engineering r Address: IBy Telephone: •dor Rick Trice,P.E.,Manag r Consultant Services Addendum No.2 1 of 1 i�;ti'2N 1 i, ,a ,�1� � September 10,2004 02,11 0111, 1S 24�1�1 FTW02335 CATV 01L i54i!A'�j SPECIFICATIONS AND CONTRACT DOCUMENTS FOR HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DRIVE PHASE I, UNIT 3 - SECTION A Water No. P163-060163014105 Sewer No. P173-070173014004 D.O.E. No. 4120 GARY JACKSON MIKE MONCRIEF CITY MANAGER MAYOR ROBERT D. GOODE, P.E. S. FRANK CRUMB, P.E. DIRECTOR ACTING DIRECTOR TRANSPORTATION AND WATER DEPARTMENT PUBLIC WORKS MARC OTT A. DOUGLAS RADEMAKER, P.E. ASST. CITY MANAGER DIRECTOR DEPARTMENT OF ENGINEERING AUGUST 2004 Freese and Nichols r . . . . R+OAMLO . i . 4055 INT ERNATIONAL PLAZA, SUITE 200 It31073 ,® FORT WORTH, TEXAS 76109-4895 (817) 735-7300 F&N No. FTW02335 (��'(/Gvl� TABLE OF CONTENTS 1. GENERAL INFORMATION - NOTICE TO BIDDERS - COMPREHENSIVE NOTICE TO BIDDERS - MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS VENDOR COMPLIANCE WITH STATE LAW - CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAWS 11. WATER DEPARTMENT SPECIAL INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS (PART C) - SPECIAL CONDITIONS (PART D) - ADDITIONAL SPECIAL CONDITIONS (PART DA) - MATERIAL AND CONSTRUCTION SPECIFICATIONS (PART E) - WATER AND SANITARY SEWER DETAILS III. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SPECIAL INSTRUCTIONS TO BIDDERS - SPECIAL PROVISIONS IV. PROPOSALS AND FORMS PROPOSAL - CERTIFICATE OF INSURANCE - PAYMENT BOND PERFORMANCE BOND - MAINTENANCE BOND - CONTRACT V. ADDITIONAL TECHNICAL SPECIFICATIONS SECTION: 02202 PIPELINE EXCAVATION AND BACKFILL 02314 PIPELINE CROSSING HIGHWAYS, STREETS AND RAILROADS BY BORING, TUNNELING OR OPEN CUT 02614 BAR-WRAPPED CONCRETE CYLINDER PIPE AND FITTINGS - 02626 STEEL PIPE AND FITTINGS - 15136 MISCELLANEOUS VALVES AND APPURTENANCES 15640 JOINT BONDING AND ELECTRICAL ISOLATION 15641 CORROSION CONTROL TEST STATIONS 15642 MAGNESIUM ANODE CATHODIC PROTECTION SYSTEM ti Appendix A— Easements Appendix B —TxDOT Permits Appendix C— Fort Worth &Western Railroad Permit Appendix D—Storm Water Pollution Prevention Plan Appendix E—Geotechnical Report Appendix F— Street Corings Appendix G— Nationwide Permit 12 loft I. GENERAL INFORMATION FTW02335 1 NOTICE TO BIDDERS x Sealed proposals for the following: FOR: HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DR PHASE I, UNIT 3, SECTION A WATER NO. P163-060163014105 SEWER NO. P173-070173014004 D.O.E. NO.4120 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m.,Thursday, September 9,2004 and then publicly opened and read aloud at 2:00 p.m.in the Council Chambers. Plans and Specifications for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. A set of plans and documents will be provided for a non-refundable fee of sixty dollars ($60.00)each. A majority of the work consists of the following: Approximately 4,500 LF 54"Waterline Approximately 3,800 LF 12", 10", &8"Waterline Approximately 1,300 LF 8"Sanitary Sewer Line Approximately 3,600 SY Pulverization and overlay Included in the above will be all other items of construction as outlined in the Plans and Specifications. For additional information concerning this project, please contact Gopal Sahu, Project Manager, City of Fort Worth (817) 392-7949 or Ron King, P.E., Freese and Nichols, Inc. at(817)735-7300. A pre-bid meeting will be held on Tuesday, August 30. 2004 at 9:30 am in the Transportation and Public Works Conference Room No.270,2 nd Floor,City Municipal Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. Advertising Dates: August 12, 2004 August 19, 2004 I E FTW02335 2 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: HOLLY 54-INCH WATER MAIN FROM WHITE SETTLEMENT ROAD TO NORTHSIDE DR PHASE 1, UNIT 3, SECTION A WATER NO. P163-060163014105 SEWER NO. P173-070173014004 D.O.E. NO. 4120 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m.,Thursday,September 9,2004 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans and Specifications for this project may be obtained at the office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth, Texas. A set of plans and documents will be provided for a non-refundable fee of sixty dollars($60.00) each. All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. A majority of the work consists of the following: Approximately 4,500 LF 54"Waterline Approximately 3,800 LF 12", 10", &8"Waterline Approximately 1,300 LF 8"Sanitary Sewer Line Approximately 3,600 SY Pulverization and overlay Included in the above will be all other items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders shall not separate,detach,or remove any portion,segment,or sheets from the contract document at anytime. Bidders must complete the proposal sections and submit the complete specifications book or face rejection of the bid as non-responsive. A pre-bid meeting will be held on Tuesday, August 30, 2004 at 9:30 am in the Transportation and Public Works Conference Room No.270,2nd Floor,City Municipal Building, 1000 Throckmorton Street,Fort Worth, Texas 76102 AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90)days from the date the MANBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation"), and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of the contract, if made,will be within ninety(90)days after this documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Submission of Bids:This document is designed as two(2)separate contract documents and shall not be construed as being a single contract. The proposal sections are provided as two(2)individual proposals with two (2) individual M/WBE specifications and are arranged in units to allow perspective bidders to submit bids on any one section or both sections. Award of contract(s),if made,shall be to the responsive low bidder for each individual section. If a contractor is the responsive low bidder on both sections, a single set of contract documents consisting of all applicable units will be created and one (1) single award of contract shall be made. The contractor shall comply with the City's M/W BE Ordinance on each section. FTW02335 3 Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817) 871-7910. Bidders shall not separate,detach or remove any portion,segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time- line stated below or the bidder may request a copy of said forms from the City Project Manager named in i this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM with Documentation")and/orthe JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Bidders are advised that the City of Fort Worth has not acquired all necessary railroad permits and easements for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary railroad permits and easements by the start of construction. In the event the necessary easements and/or right-of-way are not obtained, the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project(s). In addition Bidders shall hold their unit prices until the City has completed the acquisition of all the easements and permits. The contractor shall be prepared to commence construction without all executed easement and permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require easements or permits. For additional information concerning this project, please contact Gopal Sahu, Project Manager, City of Fort Worth (817) 392-7949 or Ron King, P.E., Freese and Nichols, Inc. at(817) 735-7300. GARY JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY Department of Engineering A. Douglas Rademaker, P.E. Director ick Trice, P.E. Acting Assistant Director, DOE x Advertising Dates: August 12. 2004 t August 19,2004 FTW02335 4 MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS 0 9-2 2-0 4_ A 1 • 14 .'i I City of Fort Worth Nliriority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS { The City's MBE/WBE goal on this project is 22 %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, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: openin date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBEparticipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid _perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. openin date, exclusive of the bid opening date. L A:xG.R'E�O 1_001 Y_ � �,riaNwOt�t �SPO�[VEO CIFICA 7 Any questions, please contact the M/WBE Office at(817) 871-6104. Rev.5/30/03 _ ATTACHMENT IA Page 1 of 4 ?RC}I� I0 4 A11 : 14 I N City of Fort Wdrt i- Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime 175C0.� Co►� ar✓�i,�, Ine . PROJECT NAME: MNV/DBE NON-M/W/DBE Holly 54-Inch Water Main from White Settlement Road to Northside Drive,Phase 1,Unit 3— BID DATE J Section A S I, o� City's M/WBE Protect Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER P163-060163014105 22 % . p2tp� % P173-070173014004 DOE No.4120 . Identify all subcontractors/suppliers you will use on this project. a�1�fe• . 5 - � ztd�d: : +✓_fi#9atte._f and `«cwt'...e, t r ' , = F _� txYyza +� >So , � f lI� - ift a .#Iv.. 5 O . s 1 �:y'��� ��3 • ��. x��� �'��I.���� #�eS�`� Sc� � iJ, Cerallq llbr� et " teiot ladtoY �c alp n n T_.ems sr pe e� � - [,tf•�� � I,t�� �f�- IDI :� e r,;10• � -�cl;-!�''. '.° G'; {"�,. � -(.1 ���a� C# '� �� :1t1 Et� fQ _�3 . "ca� Y� ` reed o 1 ,e .�•g+ Ru.zk�.ai6�z,�,,. _..=�. c ..,aa�e. X*�_ a�+_:3� 7.TCL.YS� .;fi�... mY.Y-€�*n .a.a a:a- ze-.-or .. i M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area'of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. dnftfy ae�iT e v l 4+T1 f e xS-�fi �nla ( 04_114 iINI ftii !>�secksried - � ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Mark'etplace,'that have been determined to be bonafide minority or women -businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (MMBE). t' a [1T e`ice 1 e ._ $ . . -� -- ffie_ as o 1 __� It t w es} a fl~��� °na�Q���r�,, �3 ».�r ,t c!'t -.���' a �r�v i e• -toy' � ��e '�,' 1=111`_ ,, ..��. 1 � �; "�� - Cn�a� .nuc ���f��' =r��� _•�B� �:� c� `�t��" rt��e��� p a��� ��t`' �� �� � e��>•e�t ����e= i s ... ........... ........... > pRT.FI ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification NON' SUBCONTRACTOR/SUPPLIER (check one) T N T 1 Detail Detail Company Name � i � C X r Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D '° Telephone/Fax r B B E E R O .$ C T A p1S45 0 CG 0—+e.$ 33410 Coun'y1Zd. 215 �tQ� 411Z101(asi-5b {ndiss0L,�c 15`15-1 her P- air+-5qq- o-tyo Al y- 514q- NP Sq Ea le A99re9a+� 2o0(- g TrartseoAbt- 6a e"'q ntvt f t�ewbon,-x 1toAo7 009 if F-440- 383-00q-7 Lvi5 InDrieno 'lruc iaq y7`/1 tJOrma S4. 35� 000 o G0 For4 O'4h, 7X 1 to 103 F- Bt?-535-1 a7�o SJTf On+Ae'5oGa},e� 320 N• t»aj vi 54% n 4t tler- 7X -7 to aLl B al cjor ��O' 000. ao P-g1-+ 9 5 F--,St-7- 379^ 030 5oo4h land Ca►4►-4C4i 7Vn n�� For-4 Wor--h, -tx 1(PI40 my4rGe4or 41, DR 2, 000 ©D (>_ 3n-.13- 41aiP3 F- 8��- X93- 33yy <{714RiI> ATTACHMENT 1A Page 3 of 4 _n 4 A Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. J Certification (check one) ` SUB CONTRACTOR/SUPPLIER Company Name j N T ', + Detail Detail Address e M w C X p Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D " E E R O C T w A s 3 5 r ' i z i ............................... ........ .............. ....... . . ..... .. ... i4ii ATTACHMENT 1A' . vQ .Cp 'i. Page 4 of 4 ..........................::iii Total Dollar Amount of MIWBE Subcontractors/Suppliers T '/ M11 �p�j�• J� Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 3/ $�$� 51'7, 6D TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS 5, QUO/ °T `Ca tom t ,na MA diti ON bf `:: lyC� ctty ai% t�/�aer rt�� E `er:#_r C e a s dq` t c Ft Y tta f >t c �_ x t3 "pct y& Y eguesa ��irQual gfia� e..�kdd to A t . t fed' :. oQf �a CC r ae le a? �c C fi aC�rldtd, UC de e° 1 cca a f :ems f� til d rCE t� Er Qtl Gap ; By affixing a signature to this form, the.Offeror further agrees to provide, directly to the City.upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The e Offeror also agrees to allow- an audit and/or examination of any books, records and files held by their company. The bidder.agrees to allow the transmission of interviews ' with owners, principals, ' officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. �ran1� Randa: Authorized Signatur Printed Signature V et Pte_5 (eac Title Contact Name/Title(if different) 05CA.r 2tytd '&✓tr -ad;h C• 317- y9/-a-703 r"ax &T!-7-4.r9/- /l02-7 Company Name J Telephone and/or Fax �'-qa 13 ton5o» LanL �'rQnit�Ds�afren�a t-}✓acfi'na•com Address E-mail Address City/State[Zip Date Rov r,ianma VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. This law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's pprincipal place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: t/ BIDDER: 05C0-r Ze-id-o_ CzaAY'atA nq By:t'1y'! 111� ►Z.F.t10�O1• Company ,J (please print) 5aa �Pgan t�v,. Signature: t�A►1.oIG2 TX —1100?b a Title: y i Lo-,"Pres i O -w� City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR BID CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Veron's Annotated Civil Statues, Contractor Certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth Project Numbery1 0-4e.r-P I to 3- 1)h 01 to'9)t)1 y I o 5 SCWer I -73-jyjoI -13oltinoy D5r,a,r 12enda eo& ra&h'hg CONTRACTOR By: ----7 t--) Vice Pre,5►'d evL.f- Title SejAoy ber I(, , Q 00-1 Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared rCt 1/l lC 2ev1 d a- .known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he executed the same as the act and deed of 0SC4✓ 1Pn1ydCtJ/l '✓)4 for the purpose and consideration therein expressed and in the capacity therein ated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this of S embev, 20 0 ,aeAo TORI SHERMAN NOTARY PUBLIC STATE Of TWS COMMIS31ON EXPIRES: Notary Public in and for the State of Texas .... JUNE 23, 2008 xxbb I II. WATER DEPARTMENT SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents } the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: 06/04/03 I (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or 06/04/03 advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list { has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. 06/04/03 e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 06/04/03 PART C GENERAL CONDITIONS `i SECTION CI: SUPPLEMENTARY CONDITIONS TO PART C - GENERAL CONDITIONS A. General These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and affect. B. C8-8.5 PARTIAL ESTIMATES AND RETAINAGE: Page C8-8 (2), should be deleted in its entirety and replaced with the following: Partial pay estimates shall be submitted by the Contractor or prepared by the City on the 5th day and 20th day of each month that the work is in progress. The estimate shall be proceeded by the City on the 10th day and 25th day respectively. Estimates will be paid within 25 days following the end of the estimate period, less the appropriate retainage as set out below. Partial pay estimates may include acceptable nonperishable materials delivered to the work place which are to be incorporated into the work as a permanent part thereof, but which at the time of the pay estimate have not been so installed. If such materials are included within a pay estimate, payment shall be based upon 85% of the net voice value thereof. The Contractor will furnish the Engineer such information as may be reasonably requested to aid in the verification or the preparation of the pay estimate. For contracts of less than $400,000 at the time of execution, retainage shall be ten per cent (10%). For contracts of$400,000 or more at the time of execution,retainage shall be five percent (5%). Contractor shall pay subcontractors in accord with the subcontract agreement within five (5) business days after receipt by Contractor of the payment by City. Contractor's failure to make the required payments to subcontractors will authorize the City to withhold future payments from the Contractor until compliance with this paragraph is accomplished. It is understood that the partial pay estimates will be approximate only, and all partial pay estimates and payment of same will be subject to correction in the estimate rendered following the discovery of the mistake in any previous estimate. Partial payment by Owner for the amount of work done or of its quality or sufficiency or acceptance of the work done; shall not release the Contractor of any of its responsibilities under the Contract Documents. The City reserves the right to withhold the payment of any partial estimate if the Contractor fails to perform the work in strict accordance with the specifications or other provisions of this contract. C. Part C - General Conditions: Paragraph C3-3.11 of the General Conditions is deleted and replaced with D-3 of Part D - Special Conditions. D. C3-3.11 INSURANCE: Page C3-3 (6): Delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING" I Revised Pg. 1 10/24/02 l c E. C6-6.12 CONTRACTOR'S RESPONSIBLTTY FOR DAMAGE CLAIMS: Page C6-6 (8),is deleted in its entirety and replaced with the following: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. F. INCREASED OR DECREASED QUANTITIES: Part C - General Conditions, Section C44 SCOPE OF WORK, Page C 4-4 (1), revise paragraph C4-4.3 INCREASED OR DECREASED QUANTITIES to read as follows: 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 as established in the contract documents. No allowance will be made for any changes in lost or anticipated profits nor shall such changes be considered as 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 of sanitary sewer pipe in each pipe size but not to the various depth categories. Revised Pg. 2 10/24/02 G. C3-3.11 INSURANCE: Page C3-3 (7): Add subparagraph "h. ADDITIONAL INSURANCE REQUIREMENTS" a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current ## A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. t f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Revised Pg. 3 10/24/02 1. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. H. C8-8.4 SCOPE OF PAYMENT: Delete C8-8.4, Scope of Payment at page C8-8(1) is deleted in its entirety and replaced with the following: The Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all labor, tools, materials, and incidentals for performing all work contemplated and embraced under these Contract Documents, for all loss and damage arising out of the nature of the work or from the action of the elements, for any unforeseen defects or obstructions which may arise or be encountered during the prosecution which may arise or be encountered during the prosecution of the work at any time before its final acceptance by the Owner, (except as provided in paragraph C5-5.14) for all risks of whatever description connected with the prosecution of the work, for all expenses incurred by or in consequence of the suspension or discontinuance of such prosecution of the working operations as herein specified, or any and all infringements of patents, trademarks, copyrights, or other legal reservations, and for completing the work in an acceptable manner according to the terms of the Contract Documents. The payment of any current or partial estimate prior to the final acceptance of the work by the Owner shall in no way constitute an acknowledgment of the acceptance of the work, materials, or equipment, nor in any way prejudice or affect the obligations of the Contractor to repair, correct, renew, or replace at his own and proper expense any defects or imperfections in the construction or in the strength or quality of the material used or equipment or machinery furnished in or about the construction of the work under contract and its appurtenances, or any damage due or attributed to such defects, which defects, imperfections, or damage shall have been discovered on or before the final inspection and acceptance of the work or during the two (2) year guaranty period after the final acceptance. The Owner shall be the sole judge of such defects, imperfections, or damage, and the Contractor shall be liable to the Owner for failure to correct the same as provided herein. I. C8-8.10 GENERAL GUARANTY: Delete C8-8.10, General Guaranty at page C8-8(4)is deleted in its entirety and replaced with the following: Neither the final certificate of payment nor any provision in the Contract Documents,nor partial or entire occupancy or use of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the,Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects or damages in the work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two(2)years from the date of final acceptance of the work unless a longer period is specified and shall furnish a good and sufficient maintenance bond in the amount of 100 percent of the amount of the contract Revised Pg. 4 10/24/02 which shall assure the performance of the general guaranty as above outlined. The Owner will give notice of observed defects with reasonable promptness. Any reference to any shorter period of time of warranty contained elsewhere within the specifications shall be resolved in favor of this specifications, it being the City's intent that the Contractor guarantee its work for a period of two (2) years following the date of acceptance of the project. In the Special Instructions to Bidders, TPW contracts place the following in lieu of the existing paragraph 2. J. Part C - General Conditions, Section C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL, Page C2-2 (4) exchange paragraphs C2-2.7, C2-2.8 and C2-2.9 with the following: C2-2.7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the Purchasing Manager or his representative at the official location and stated time 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 Bidders x 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 Purchasing Manager, City of Fort Worth Purchasing Division, P.O. Box 17027, Fort Worth, Texas 76102. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Purchasing 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 Purchasing Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal K. C3-3.7 BONDS (CITY LET PROJECTS): Reference Part C, General Conditions, dated November 1, 1987; (City let projects) make the following revisions: Revised Pg. 5 10/24/02 1. Page C3-3(3); the paragraph after paragraph C3-3.7d Other Bonds should be revised to read: In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. Pg. C3-3(5) Paragraph C3-3.11 INSURANCE delete subparagraph "a. COMPENSATION INSURANCE". 3. Pg. C3-3(6), Paragraph C3-3.11 INSURANCE delete subparagraph "g. LOCAL AGENT FOR INSURANCE AND BONDING". L. RIGHT TO AUDIT: Part C -General Conditions, Section C8-8 MEASUREMENT AND PAYMENT, Page C8-8 (5), add the following: C8-8.14 RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract,have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract,have access to and the right to examine and photocopy any directly pertinent books, documents,papers and records of such subcontractor, involving transactions to the subcontract, and further,that City shall have access during normal working hours to all subcontractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article. City shall give subcontractor reasonable advance notice of intended audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse the Contractor for the cost of copies as follows: Revised Pg. 6 10/24/02 1. 50 copies and under- 10 cents per page 2,More than 50 copies - 85 cents for the first page plus fifteen cents for each page thereafter M. SITE PREPARATION: The Contractor shall clear rights-of-way or easements of obstruction which must be removed to make possible proper prosecution of the work as a part of this project construction operations. The contractor's attention is directed to paragraph C6-6.10 work within easements,page C6-6(4), part C - General Conditions of the Water Department General Contract Document and General Specifications. Clearing and restoration shall be considered as incidental to construction and all costs x incurred will be considered to be included in the Linear Foot price of the pipe. N. Reference Part C -General Conditions, Section C6-6.8 BARRICADES,WARNINGS AND WATCHMEN: 4 1. Wherever the word Watchmen appears in this paragraph,it shall be changed to the word flagmen. if 2. In the first paragraph, lines five (5) and six (6), change the phrase take all such other precautionary measures to take all reasonable necessary measures. O. MINORITY/WOMEN BUSINESS ENTERPRISE COMPLIANCE: Reference Part C (General Conditions), Section C3-3.2 Entitled "MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE" shall be deleted in its entirety and replaced with the following: Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or a Woman Business Enterprise (WBE) on the contract and payment therefore. Contractor mination of any books,records or files in its further agrees to permit an audit and/or exa possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances y relating to false statements;further, any such misrepresentation (other than negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of i, time of not less than thee (3)years. i , Revised Pg. 7 10/24/02 P. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code,including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of Section C-1, L. Right to Audit(Rev. 9/30/02)pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b) above. (d)With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Revised Pg. 8 10/24/02 PART C - GENERAL CONDITIONS TABLE OF- CONTENTS .oVgMBER, 1, 198 TABLE.OF CONTENTS C1--1 DEFINITIONS d-1.1 Definition of Terris Cl-1 (1) , C1-1.2 Contract Documehts Cl-1 (1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal Cl-1 t2) C1-1.5 Bidder C1-1 -(2) Cl- '1.6 General Conditions Cl-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-.1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C.1-1.10 Contract C1-1 (3) C1=1.11 Plans Cl-1 0) 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 CI-1 (3) C1-1.16 City Attorney C1=1 (B) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department Cl-1 (4 ) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work o.r jro.jeGt ' - Cl-1 (4) C1=1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) Cl"l.25 Legal Holiday C1-1 (4) C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order Cl-1 (6) C1-1.28 Paved Streets and Alleys, Cl-1 (6) " C1=1.29 Unpaved Streets and Alleys C1-1 .(6.) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway Cl-1 (6) C1-1.32 Gravel Street C1-1 (6) C2=2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-�2 (1) C2-2.2 Interpretation of Quantities. C2-2 (1) C2-2.3 Examination of Contract Documents and. Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5.. Rejection of Proposals C2-2 (3) CZ"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 Enter i. coup-fiance C3"3 '(11 C3-3.3 Equal Employment. Provisions C3-;3 (l.) 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 (0 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 Cl) C4-4.2 Special Provisions C4�4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4=4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4=4 (2) C4-4:6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 'Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5=5 (2) C5-5.4 Cooperation of Contractor C5-5 (2)- 05-5.5 2)- 05-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5_6 Field Office C5-5 (3) C5-5.7 Construction Stakes CS-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) CS-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) CS-5.11 Substitute Materials or Equipment C5-5 45) C5-5.12 Samples and Tests of Materials CS-5 (6) C5-5.13 Storage of Materials C5-5 46) C5=5.14 Existing Structures and Util'iti'es C5-5 0) 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 (Z6-6 ' (l) C6-6.2 Permits and Licen-ses ' C6-6 C6-6.3 Patented Devices, Materials and ProcessesC6-G (1) C6-6.4 Sanitary Provisions C6-6. (2 C6-6.5 Public Safety and Convenience. . C6-6 (2) - P-6 6.6 Privileges of Contractor in Streets,. , . , ': . Alleys, and Right-of-Way C6 C 6 T-6. 7 Railway Crossings C6-6. t 4 - C6-4.8 Barricad6s, 'Waraihgs and Wfitchpn. C6-6 (41 C6 Use of Explosives, ves, Drop Weight, etc. c6-6 (5) C6-6i10 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) C'6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) 66-6.18 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 Tak 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 0-4 (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 C7-1 (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) CS-8. 2 Unit Prices C8-8 (1) (3) i C8-8.3 LI Mp Sum C8-8 (1) C8-8.4 Scope: of Payment , i C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C879.6- Withholding Payment C8-8 (3) C8-8.:7 Final 'V&a4ptance C8-.8 (3) C8-8.8 Final Payment C8-8 °(3) C-8-8.9. Adquacy of De�.iga C8-8 (41 r C8-8.10 General Guaranty C8-8 (4.) C11m Subsidiary Work C8-8 (5) C8-8.12 Miscellaneous Placement of :Material C8-8 {51 C8=8.13', Record Do6u'm6rits' " C8-8 f5} • y •J r s • " S s • .. f + (4) PART C - GENERAL CONDITIONS Cl-1 DEFINITIONS SECTION C1-1 DEFINITIONS E1DFF.INITIP-NS OF. TE-RMS : Whenever in these Contract Docume.rjts,_the following terms or pronouns in place o.f them are usedt the. intent and meaning. s.hall 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 , b-pp,4so.. pLdidenda ,, plans , etc . , which govern the terms and pej;gb--rmance of the contract. These are contain-ed 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.: APART- A = NOTICE TO BIDDERS (Sample) White PART B PROPOSAL (Sample) !White PART C GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D SPECIAL CONDITIONS Green PART E SPECIFICATIONS El-White EZ-Golden: Rod E2A-White PERMI'T'S/EASEMENTS Blue PART F BONDS. (Sample) White PART G CONTRACT Miihple) White b-. SPECIAL. CONTRACT DOCUMENTS: The Special Contract Documents. are prepared for each specific project as a supplement to the General Contra-at Documents and include the following items: PART A NOTICE TO BIDDERS (Advertisement) Same as -above PART B PROPOSAL (Bid). PART C — GENERAL CONDITIONS PART D -- SPECIAL CONt)I!TIONS PART 9..- SPECIFICATIONS PERMiT8/EASEMENTS PART F - BONDS PART G - CONTRACT PART il - PLANS (Usually bound separately) C1_1 (1) CI Sr-NOX11111, "ERTH, fill, 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. , C-1=1. 4 PROPOSAL: The completed.. *ritten an-d s.ign:ed J:!f.fer_ tender of..a bidder to perorm :the work-'which the Owen Qui°res to• ha�e�:=iTorie� �tag�tY�� rnri°th�°-ttretb.-i�Y security, cans-��tuteS°` t-tre Proposal, which becomes binding upon the BlUder hei -it 'is officially received by the Owner, has been publicly opened and read and not. rejected by the Owner. CI-1 . 5' -BIDDER: Any p.ersQn, persons; firm, Pittners:hip, company,;, association-, corporation, acting directly of thr-purih a ..duly authorized representative; submitting a. proposal- for performing the work contemplated under the Contract Documents, constitutes a bidder. r C1-1 . 6- GEN:ERAL CONDITIONS: The Genera; Conditions are the usual construction and contract requirements which govern the performance of the work so that it wi-11 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 SPECIAI, CONDITIONS: Special. -conditions are the specific requirements, which are necessary for theparticular project covered by the Contract Documents and not specifically covered in the .General Conditions. When cons.id,ered with the 'General Conditions. and other elements of the Contract Documents they provide the information which. the C°ontractor and Owner should have in order to gain a thorough knowledge' of the project. C1=1:4 SPECIFICATIONS: the Specifications is that section or part of the Contract Documents which sets forth' in detail the requirements which must be inet by all materials.,. .construction, workmanship, equipment and sex-vices in . orde.r 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 securzty furnished by the Contractor for the prompt and Cl-1 t 2 3 r 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 paragrdph. C3.-3..,7}- d. - proposal or 'Hid `Security (see 'Special: Instructions to Bidders; Part A and C2-2:6)- C1-1.10 CONTRACT: The Contract is the formal signed agreement between theowner and -the Contractor covering tb a mutual understanding of the two contracting parties about the project to be completed under the Contract Documerits C1-1..11 PLANS: The pians are the drawings or reproductiohs therefrom made by the Owner's representative showing in detail the location; dimension and position of° the various elements of the p.rojeet , including such profiles , typical cross=sections, layout diagrams, working drawings, pre'liminary drawings and such supplemental drawings as the Owner may issue to clarify other- drawings - or fo-r 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 r cor-poratioa, 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 in-rolving 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 Ci y 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. CI-1.15 CITY MANAGER: The officially' appoibted and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. Cl-1..16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. Cl-1 (3) V CIT' °l �. u vHH, TEK, 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 DDi.r-Dirof the City. Water Dep.a'rtment of the City of . Fort Worth , Texas , or his duly authorized representative, t assistant, or agents. C.l=i.l9 -EN ITa�R Rq: The: Director .of Public. Works, the Direc€or of , the Fort Worth City Water .Department , or their duly authorized assistants , agents , engineers, inspectors, or auperintendentsy acting within the scope of the particular dutiesentrusted to them. C1-1 : 20 CONTRACTOR: The person , personsy 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 ,r..epre_sentative.. .. A -sub=contractor isa person, firm, corporation, or others under contract with the principal cointr�actor, supplying :labor and materials or only labor, for work at the site. of the project•: C1-1. 2i SURETIES: The corporate bodies, which are bound b.y such bonds are required with and for the Contradtoi. The sureties engaged. are tog be fully responsible for the. entire and satisf actoiy fulfillment of the Contract and tor:: any-and ,and - a.11 requirements as set forth in the Contract Documents and approved changes theroln. G1-l. 2'2 THE WORK .OR PROJECT: The completed- work contemplated in and covered by. -theContract Documents, including but not limited to the furbi..shing of all labor, "materials, -,to.ols, equipment, and inci.dentals 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 weatier or other conditions not lander 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 par'agx-aph 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: C1-1 (4)' Om 1. New Year's Day January 1 - 2. M. L. Ring; Jr. Birthday Third Monday in January 3. Memorial Day 'Last Monday in May 4. Independence Day July 4 5: Labor Day First Monday in September 6. Thanksgiving Day- Fourth Thursday in 'November 7 Thanksgiving Friday Fourth Friday is November 8. Christmas Day December 25 • 9. Such other days in lieu of holidays as the City. Council may determine When-. one of the above _named holidays or -a.special holiday. is declared by the City Council ""'fills •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 .cal6dar 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 CBS - 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 H1 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 he is more than- .25$ of the amount of the particular item. or , items in the original proposal. All "Change Orders" shall. be .-prepared by the .City from information as necessary furnished by the Contractor. C1--1.. 28 PAVED STREETS AND.-ALLEYS: A paved street or a=lley shall. be def i.n.e . -as a street or alley having arse -of. the following types of wearing , s-urfAc.es applied over the natural unimproved surface: 1. Any type of aspha.ti.c 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.- Cl-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved -street, alley, roa -way, or other surface is any area except those def ined above for "Pav:ed -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 .. paralle . lines two ( 2 • ) feet back of the curb lines or four (4 ' ). fe.et back of the average edge of pavement where no curb exists. Cl-1.3.2,. GRAVEL STREET: A gravel street is any unpaved street to whi has been added one or more applications of §ravel or similar material other than the natural material found on the -• street surface before any improvement was made. Aft Cl-1 (6) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND -PREPARATION OF .PROPOSAL C2-2.1- PROPOSAL FORA: The Owner will furnish bidders with, proposal form, which will contain an itemized 1 i.s t 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 co'ntra.ct. 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 validpermit issued by an appropriate state licensing agency, and shall .have been so prepared as to reflect the current financial status.' This stat4ment trust 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 lie updated by proper verification. Liquid assets in the amount of ten. (10% ) percent of the estimated project cost will be required. For an experience record to .be considered to be , acceptable for a given project, it must reflect the experience of -the firm seeking qualification in work of both the same nature and magnitude as that .of the pxoje.ct 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 o.f experience for qualification to bid on any Fort Worth Water Department project. The. `prospective bidden shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the .project on which he submits a bid. C2-2 .2 INTERPRETATION GF -QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1) forms or other parts of the Contract Documents will be considered as, pprox.imate 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 material-s to be .furnished may b-e. increased, or decreas.ed As -he-re4nafter provided, . without � fn- any__ way iYivalidati-nq --th-a-_uiUt.- pri&e_-4 -bidd at. any, other, requirements:. of the e0ntFAct Documents.. C2.-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECTS Bidders are advised that the Contract Documents on f ile with the Owner shall con_•stitute all of the information which the Owner, will furnish. All additional information and . data, which the owner will supply ,afte.r promulgation of the fot.mal contract documents shall be issued in the •form of wiit-ten addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bkdders are, required,, prior to the tiling -of proposal, to read t and become familiar with the. Contradt Vacuments, to v s%t the site of the project and e-x&mine carefully all -local conditions , to inform thems-elves by, their own indepe.rxdent research and invest i -gat ions, tests., ,1sox_ing, and. by such other iaeans as may be necessary. -to gain a -complete .knowledge of the cbnditibns -which will be encountered during the construction of the, project : They m•urt. judge for themselves th.e difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for �. Its ,completion, and obtain all information required to make an intelligent piroposal. 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 es.t%imat.es , investigation, -re-s-earch, tests , explorations, and -other data which .are necessary for full and complete information upon which the proposal is to be based.. I-t is -mutually agreed that the submission of a proposal is prima-;: facie e'vid'ence that the bidder has made the investigations, examinations and tests heap-ein required. Claims for additional. compensation due to vbar-iat-Yo-nst 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) - Own_er nor the Engineer guarantee that the data shown is representative of conditisins 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 sate the prices , written in ink in both word-s 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 propos.al 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 partnershlip, the name and address of each member must be given, and -the. proposal must be signed by a member of the firm, association , or partnership , or by a person .duly authorized. If a proposal is submitted by a company` or `corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent.. The corporate seal must be affixed. Power of Attorney., -authorizing agents. or others to 'sign proposal must be properly certified and must be in 'writing and submitted with the proposal. C2-2,5 REJECTION OF PROPOSALS: Proposals may be rejected. if they show any alterat.ion of words or f figures, additions not called fo.r , conditional or uncalled for alternate bids, incomplete bids, erasures, or i-rreguldrities of any kind; or contain unbalaric.e 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. Qindicated in the. "Notice to Bidders" and the "Proposal.'" The Bid Security is required by the Owner as evidence of good faith on the part of the. Bidder, .and by way of a guaranty that if awarded the contract, the Bidder will within. the .required time execute a formal contract and furnish -the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3) C2-2.7 DELIVERY .OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper -B.id Security, to the City Manager or his representative in the official place of business as set forth in the "Notice t,o Bidders. " It is the Bidder ' s sole responsibility to. deliver ` the proposal at the proper time to the proper place. the were fact that a proposal was dispatched. will not be considered The Bidder must. have the proposal actually delivered. .'E-ach -- pr-a�po:s-al_ aha 3,1-:be, i:iv a sealed envelope plainly marked .with the worth 0PROPV8AL--,;*4 and4 the name, or'descriptioh of tris prgj e c t as .designated in th-e 'Notice to Bidders. " The envelope a, al.l be addressed to the• City Manager, City Hall, Fort Worth., Texas.. C2-2.8 WITHDRAWING PROPOSALS: Proposals actually filed with the Casty Manager cannot be withdrawn prior to the time .set for opening .proposals .-., A requast 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 hay.e been `properly f iled mom, at the option of the Owner, be -returned unopened. ` a C2-2. 9 TELEGRAPHIC MODIFLCATION OF PROPOSALS: Any bidder may :modify his proposal by telegraphic -communic.atiba -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 'fur-thdt, that the- City Manager is satisfied that a written -a-nd duly authenticated confirmation of such telegraphic communication over- the signature; of t.he, bidder was mailed . prior to the proposal opening time. If such confirmation is not received within forty=eight (4$-) hours after the proposal opening time, no further consideratioawill be given to the proposal, C2.-2.10 -PUBLIC OPENING OF. PROPOSAL: Proposals which-�Have been .properly fAled aqd for which no "Non=consideration, Request" has been -received will be publicly opened a.nd read aloud by the City Manager or his authorized.representative At the :time and .-place indicated in -the "Notice to Bidders." A11 proposals which have been opened and read will remain: on f1le, with the Owner until the. .contract has been -awarded. Bidders or their auEhori eck-.rep�r_esentatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as Bing -"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 reasons a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The. bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed- by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work .if awarded. h. The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part W = 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. r- C2-2(5) PART .0 - .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 .r.ead 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 estabiis-he'd in the Contract Documents. The total obtained by taking the sum of 'the products of unit ptices .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 atount 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 proposalat* or to- proceed with the work in any manner as maybe considered for the best interest of the Owner. C.3-3... 2 - MINORITY: B.USINESS . ENTERPRLSE/WOMEN-.OWNED BUSINESS ENTERPRhSE.-COMPLIANCE: Contractor. agrees to provi-de to .Owner, upon ,request , . complete and accurate information regarding actual work performed .by a Minoritg Business Enterprise .(MBE) and or a a Woman=own'ed Business Entergrise (WBE) on the contract and .tbe-payment . therefor.. Contractor further .agrees, upon request by , Owner , to . allow and audit andtor 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 misrepresent.ation 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 misrepresentationma:y 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 RMPLOYMENT PROVISIONS: The Contractor shall comply with, Current City Ordinance prohibiting discrimination in employment practices. C3.-3 (1) The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer, C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been -read byRothe Owner it cannot be, withdrawn. by •.the Bidder within fo t.y:=f°zv (4-54 days, .afterr•-tate-, date ion- *hack the P. aTs were• opened. C�=!.5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals. for a reasonable time, not to exceed forty-five (45 ) days after the date of opening proposals., And -is no event will an award be made until after investigations have been made as to the responsibility of the proposed awarded. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. .. The award of the,contxact shall not become effective until the Owner- has notified the -Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may; at its discretion, return the proposal security whi8h -accompanied the. proposals which, in its 3.uagment, would not . b.e. considered for the award . All other proposal securities; usually those of the three lowest bidders, will be teta_ined by the Owner until the required contract has 'been executed and bond furnished or the Owner has otherwise dispoaed of the bids, after which they will be returned by the City Secretary. C373,7 BONDS.: With -the execution and delivery of the Contract Documents, . t:he Contractor shall furnish to, and . files with the Owner .in the amounts herein required, the followiiag bonds: a ,. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent o.f' the amount of the- contract, as evidenced by. the proposal tabulation or otherwise , guaranteeing .the full and -faithful execution of the work and .performanceof the contract, -and for the protection of . -the" Owrier 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) r bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions. as above rJ 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 amoixn.tof 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 21 , 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 an.y 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 O . S . Treasury 11-st of acceptable sureties., and the .amountof bond written by any one acceptable company shall not exceed the amount shown on the .• Treas-ury 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)