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HomeMy WebLinkAboutContract 26598 CITY SECRETARY V000r I f allomwm r m AN D.O.E. FILE ll�? 2 7 r CONTRACTOR'S BONDING CO Genera Contract D--enEs CONSTRUCTION'S COPY spnif'cati°d CCITY ONTRACT CLIENT DEPARTMENT £°r TRACT No. 0 ROSEDALE STREET 1IMPROVEMENTS WATER & SANITARY SEWER LINE REPLACEMENTS CONTRACT Na 1 - S. MAIN ST. TO LH. 35W SECTION A - SANITARY SEWER LINE REPLACEMENTS SEWER PROJECT N. PS46-070460133 40 SECTION B - WATER LINE REPLACEMENTS WATER PROJECT N. PW77406077 010.%O D.O.E. N. 1995 AUGUST 2M FoRTWaRTH T KENNETH BARR MAYCR BOIL TERRELL MIKE GROOMER CITY -MANAGER ASSISTANT. CTC`; ?LA.N AGER A. DOLTGLAS R UWMAEER. P.E. DIRECTOR DEPARTMENT OF ENGINEERR" G ICIAl D!U.E A. FISSELFA P.E. Cff Wam, IYDIRECTOR, WATER DEPARTMENT HUGO A. MALANGA. P.F. DIRECTOR. DEPARTMENT OF TRANSPORTATION & PU.►3?.IC 1VORSS Prop.rea Br. .Garcia & Pssoriates Engineering, Inc. r�............. ., SMW+IMTTAN uva.SUR IX �.... ........ .. ....� t0"T"°"'"'TOM'6w an"s-um M. . •..GARC i R /...:......... .. TRANSPORTATIOi. • AVIATION • 'AIATEWWASTEV/AT7t IAAFFC•STrUCTUML•SURYEYING •ENV'rMWENTAI 51 206 4 t�Fss CE►65E" tt1 =`A` gl 3v�mac: City of Fort Worth, Texas "agor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/30/01 **C_1 84,44 30DALE 1 of 2 SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT, SOUTH MAIN TO IH35W, CONTRACT NO. 1 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of$654,774.00 for water and sanitary sewer line relocations in Rosedale Street reconstruction project, Contract No. 1. DISCUSSION: The Texas Department of Transportation has requested the Water Department to relocate the existing water and sanitary sewer lines within the proposed limits of Rosedale Street reconstruction (South Main to IH35W). This project was advertised for bid on October 19 and 26, 2000. On November 16, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Stocker Enterprises. Inc. $ 654,774.00 150 Calendar Days R. A. Development, Inc. $ 709,099.80 Zeiss Utilities, Inc. $ 742,954.33 Whizcom Utilities, Inc. $ 783,890.00 William J. Schultz, Inc. d/b/a Circle "C" $ 843,468.50 Construction Company B & H Utilities $ 856,144.00 Jackson Construction, Ltd. $ 890,355.25 Conatser Construction, Inc. $ 981,900.00 Mid-State Utilities $1,070,387.00 Funding in the amount of $35,420.00 for water line and $30,060.00 for sanitary sewer line improvements is needed for construction inspection and survey. Also included are contingency funds to cover change orders for water lines ($25,000.00), and for sanitary sewer lines ($25,000.00). Funding for the inspection, surveying and contingencies are already included in the Water Department budget. Stocker°&terpr,"s; Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal on this project is 18%. This'prdject`is located in COUNCIL DISTRICTS 8 and 9, Mapsco 77J. . t� City of Fort Worth, Texas *V01yor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 1/30/01 **C-18444 1 30DALE 2 of 2 SUBJECT AWARD OF CONTRACT TO STOCKER ENTERPRISES, INC. FOR WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT, SOUTH MAIN TO I1-135W, CONTRACT NO. 1 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Commercial Paper-Water and Sewer Funds. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by:. (to) ��!! APPROVED Mike Groomer 6140 V� f/ COUNCIL OUNCIL Originating Department Head: JAN 30 2001 A.Douglas Rademaker 6157 (from) PS46 541200 070460133440 $300,581.00 Aw.r�+ j Additional Information Contact: PW77 541200 060770153580 $354,193.00 City S"retary of am City of Fort Worth,Tows A.Douglas Rademaker 6157 CITY OF FORT WORTH DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 TO THE PLANS, GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROSEDALE STREET IMPROVEMENTS WATER & SANITARY SEWER LINE REPLACEMENTS CONTRACT No. 1 -S. MAIN ST.TO I.H. 35W SECTION A-SANITARY SEWER LINE REPLACEMENTS SEWER PROJECT No.PS46-070460133440 SECTION B-WATER LINE REPLACEMENTS WATER PROJECT No.PW77-060770153580 D.O.E.No.1995 BID RECEIPT DATE: November 16, 2000 ISSUED: November 10,2000 Prospective Bidders are hereby notified of the following changes to the original Project Construction Documents: 1. Specifications, Part B — Proposal, Page B-13: The fourth paragraph on this page, which begins"The Bidder agrees to begin construction..."is hereby replaced in its entirety with the following: "The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete construction within 150 calendar days as set forth in the written work order to be furnished by the Owner." All other provisions of the Plans, General Contract Documents and Specifications for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: A. Douglas Rademaker, P.E., Director By: By Rick Trice, P.E.,Manager Consultant Services GARCIA&ASSOCIATES 4FrkINEERING,INC. ......... ~ �•'�s�4 Payne, P.E. S November 10,2000 %. FRANK G. PAYNE ..... ........ ............ . % 69820��. GISTEF. P.\98\9a-005\Contract Documents\Addenda-Contract No.t\Addenduml.doc General Conkract Documents 8z specif icataom for ROSEDALE STREET IMPROVEMENTS WATER & SANITARY SEWER LINE REPLACEMENTS CONTRACT No. 1 - S. MAIN ST. TO LH. 35W SECTION A - SANITARY SEWER LINE REPLACEMENTS SEWER PROJECT N. PS46-070460133440 SECTION B - WATER LINE REPLACEMENTS WATER PROJECT N. PW774060770153580 D.O.E. N. 1995 AUGUST 2000 FORTWORTH KENNETH RARR MAYOR BOB TERRELL MIKE GROOMER CITY MANAGER ASSISTANT, CITY MANAGER A. DOUGLAS RADEMAKER P.E- DIRE(.TOR. DEPARTMENT OF ENGINEERING DALE A. FISSELER P.E. DIRECTOR, WATER DEPARTMENT HUGO A. MALANGA. PF- DIRECTOR, DEPARTMENT OF TRANSPORTATION & PUBLIC WORKS Prep.r.J By. T t t Garcia & Associates Engineering, Inc.GM .+ M~TTAN BLVD,SUM NO �............................ ....+ '0R'VAWK ,1°"'p,'6u0 RUDY k GARCIA e. � TRANSPORTATION AVIATION WATEWWASTEWATFR ++.,o.... 51208 r TRAFFIC•STRUCTURAL•SURVEYING •ENVIRONMENTAL ++9•. ty� ATTENTION ! ! ! ! TO: All Plan Holders RE: Additional Project Documents It will be the responsibility of all plan holders who are considering submitting a formal bid proposal to familiarize themselves with the above referenced additional documents regarding this project. These documents contain specific instructions and requirements that will impact construction activities. Copies of all executed Temporary Right-of-Entry Agreements are available for examination at the City of Fort Worth - Department of Engineering - Support Services Division, 1000 Throckmorton Street, Fort Worth, TX 76102 (Linda Taylor, Plans Administrator). Prospective bidders shall be provided with copies upon request. The successful low bidder will be furnished with a copy of these executed documents upon award of contract. All other project related documents are contained within these General Contract Documents & Specifications (G.C.D.S.). r R TABLE OF CONTENTS Part A - Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders Part B - MinorityMomen Business Enterprise Policy Bid Proposal - Section A Bid Proposal - Section B Part C - General Conditions Part C1 - Supplementary Conditions Part D - Special Conditions Additional Special Conditions Part E - Material Specifications Technical Specification for Manhole Joint Sealing Certificate of Insurance Contractor Compliance with Worker's Compensation Law Vendor Compliance to State Law Part F - Bonds Part G - Contract Standard Figures & Details Appendix A - TXDOT Permit Union Pacific Railroad Company Permit Permanent Sanitary Sewer Easement Pavement Coring Test Hole Results PART A Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders PART A NOTICE TO BIDDERS Sealed proposals for the following: FOR: Rosedale Street Improvements Water & Sanitary Sewer Line Replacements Contract No. 1 -S. Main St. to I.H.35W D.O.E. No. 1995 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m.,Thursday, November 16,2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. A fifty dollar ($50) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50) for each set. These documents contain additional information for prospective bidders. The major work will consist of the following: Section A-Sanitary Sewer Line Replacements 2727 LINEAR FEET OF 8-INCH SANITARY SEWER BY OPEN CUT, 140 LINEAR FEET OF 8-INCH SANITARY SEWER BY OTHER THAN OPEN CUT, 18 NEW SANITARY SEWER MANHOLES, PLUS ALL RELATED APPURTENANCES. Section B -Water Line Replacements 2147 LINEAR FEET OF 8-INCH WATER LINE BY OPEN CUT, 145 LINEAR FEET OF 8-INCH WATER LINE WITH 18-INCH CASING PIPE BY OPEN CUT, 110 LINEAR FEET OF 8-INCH WATER LINE WITH 18-INCH CASING PIPE BY OTHER THAN OPEN CUT, 775 LINEAR FEET OF 12-INCH WATER LINE BY OPEN CUT, 731 LINEAR FEET OF 16-INCH WATER LINE BY OPEN CUT, TWO (2), 16-INCH GATE VALVES, PLUS ALL RELATED APPURTENANCES. For additional information, please contact Mr. Fred Ehia, P.E., Project Manager, City of Fort Worth - Department of Engineering at 8171871-8424 or Mr. Robert J. Roth, Project Director, Garcia& Associates Engineering, Inc. at 817/446-1800. Advertising Dates: October 19, 2000 October 26, 2000 A-NTB(1) PART A COMPREHENSIVE.NOTICE TO BIDDERS Sealed proposals for the following: FOR: Rosedale Street Improvements Water & Sanitary Sewer Line Replacements Contract No. No. 1 -S. Main St.to I.H. 35W Section A- Sanitary Sewer Line Replacements Sewer Project No. PS46-070460133440 Section B -Water Line Replacements Water Project No. PW77-060770153580 D.O.E. No. 1995 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m.,Thursday, November 16,2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, General Contract Documents and Specifications for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of documents will be provided to prospective bidders for a deposit of forty dollars ($50). 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. 7400 (Fort Worth City Code Sections 13-A-221 through 13-A-29) prohibiting discrimination in the employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work will consist of the following: SECTION A- SANITARY SEWER LINE REPLACEMENTS 2727 LINEAR FEET OF 8-INCH SANITARY SEWER BY OPEN CUT, 140 LINEAR FEET OF 8-INCH SANITARY SEWER BY OTHER THAN OPEN CUT, 18 SANITARY SEWER MANHOLES, PLUS ALL RELATED APPURTENANCES SECTION B -WATER LINE REPLACEMENTS 215 LINEAR FEET OF 6-INCH WATER LINE BY OPEN CUT, 2147 LINEAR FEET OF 8-INCH WATER LINE BY OPEN CUT, 145 LINEAR FEET OF 8-INCH WATER LINE WITH 18-INCH CASING PIPE BY OPEN CUT, 110 LINEAR FEET OF 8-INCH WATER LINE WITH 18-INCH CASING PIPE BY OTHER THAN OPEN CUT, 775 LINEAR FEET OF 12-INCH WATER LINE BY OPEN CUT, 731 LINEAR FEET OF 16-INCH WATER LINE BY OPEN CUT, 6-INCH GATE VALVES - 11, 8-INCH GATE VALVES - 10, 12-INCH GATE VALVES -2, 16-INCH GATE VALVES -2, FIRE HYDRANTS - 12, 6-INCH BLOW-OFF VALVE WITH ACCESS MANHOLE - 1, PLUS ALL RELATED APPURTENANCES Included in the above will be all other miscellaneous items of construction as outlined in the Plans, General Contract Documents and Specifications. _. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90)days from the date bids are opened. The award of contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. 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 be contacting the Department of Engineering at (817) 871-7910. A-CNTB (1) F PART A COMPREHENSIVE NOTICE TO BIDDERS 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 specification book or face rejection of the bid as non-responsive. SUBMISSION OF BID AND AWARD OF CONTRACT This document is designed as a single construction contract. The proposal has been separated into two sections, Section A Sanitary Sewer Line Replacements and Section B -Water Line Replacements. Award of contract, if made, shall be to the responsive bidder for both sections.The prospective bidder must submit their bid for BOTH sections and complete the Bid Summary on Page B-11. In accordance with the City of Fort Worth Ordinance No. 13471 and, as amended by, Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom delivery was made. Such receipt shall be evidence that the Documentati.)n was received by the City. The managing department for this project is Department of Engineering. For additional information concerning this project, please contact Mr. Fred Ehia, P.E., Project Manager, City of Fort Worth - Department of Engineering at 817/871-8424, or Mr. Robert J. Roth, Project Director, Garcia &Associates Engineering, Inc. at 817/446-1800. BOB TERRELL GLORIA PEARSON CITY MANAGER CITY SECRETARY By:� J Rick Trice, P.E., Manager, Department of Engineering, Consultant Services Division Advertising Dates: October 19, 2000 October 26. 2_^00 A-CNTB (2) PART A SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT PROJECTS) 1. PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be pre-qualified by the Fort Worth Water Department prior to submitting bids. This pre- qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. (1) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status of 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. (2) 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. (3) 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. (4) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (5) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (6) Any proposals submitted by a non pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. (7) The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-qualification. 2. BID SECURITY: A cashiers check, or an acceptable bidders bond, payable to the City of Fort Worth in an amount of not less than five percent(5%) of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S.Treasury, or(2) the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the r Treasury list or one-tenth (1/10) the total capital and surplus. A-SITB(1) PART A SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT PROJECTS) 3. BONDS: A Performance bond, a payment bond, and a maintenance bond each for one hundred percent(100%) of the contract price will be required, Reference C3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and as set forth in the Contract Documents must be paid on this project. 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 601 g,Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. 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 a in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the contract amount is $25,000 or less, the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the OWNER. 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 basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. A-SITB(2) PART A SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT PROJECTS) 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 party or subcontractor 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, 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 subcontractor's alleged failure to comply with the above-referenced Policy concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth,TX, Ordinance No. 13471, and,as amended by,Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. In order for a bid to be considered responsive the bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The Documentation must be received no later than 5:00 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 a Women Business Enterprise (WBE)on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements. Further, any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three (3)years. Revised 9/30/99 A-SITB(3) PART B MinorityMomen Business Enterprise Policy Bid Proposal - Section A Bid Proposal - Section B i ATTACHMENT 1A PAGE 1 of 2 City of Fort Worth Minority and Women Business Enterpr'Wgp"Fifications r,IWg/6FW MBEIWBE UTILIZATI6ifARM #r , 'OONNOU 21 J PR 4 09 P COMPANY NAME ID DATE r PROJECT NAMEPRO CT NUMBER rz'r JL 1a -?7-- r CITY'S MANBE PROJECT GOAL MANGE PERCENTAGE ACHIIEVED _ Failure to complete this form,in Its entirety with supporting documentation,and received by the Managing Department on or before 5:00 p.m.five(5)City business days after the bid opening,exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formai agreement with the MBE and/or WBE firms for work listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered r non-responsive to specifications. Company Name,Contact Name,-- Certified Specify All Contracting Specify All Items to be Dollar Amount. wra Address and Telephone No > A Scope of WorkO Supplied(') Z ■ Banda Trucking - JUAN BAND 4812 t.Vernon — w Richardson TX 75081 972-680-8089 Phone (//•�'�1 D L'�'T/ 972-680-9089 Fax 1 t Cowtown Traffic Control ROOSEVELT BURRELL eo 2724 Bryan Street CR t S Fon.Worth,TX 76104 817-9244524 Phone 717-926-2725 Fax C.R.I.S.&Associates �d GILBERT YABARRAU 900 Mt.Vernon '� I li ! Richardson,TX 75081 ! 972-680-8089 Phone g 972-680-8089 Fax `■ ) �,`r'p'/ BEs must be located in 9(nine)county,marketplace or currently doing business in the marketplace at the time of bid. Spe lyitl areas in lxtuch"MAi1BEs s)e tiD tie ut�zed a a, 36 be suppled g A t y A�oirrpleteistirg of em's to1a supplied is required In older to m6lRd&edd towai 3 the MNVBE coal (")Identify each Tier IeveL . :s Tier,Mears the level of subcontracting below the prime contractor/consultant,i.e. ° a directpayment_from the prime contractor to subcontractor Is considered I'tier. payment by a subcontractor to its suppler is considered 2n0 tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF BID OPENING DATEOPENING Rev 67/98 PP zod15&s 7 Company Name Telephone Number(s) f oS n C, 1/ 7 -3 ®$Z Address Fax Number a)0ALZt-( e 6� Al(%l City/S P Code Date THIS FORM MUST BE RECEIVED BV THE MANAGING DEPARTMENT BV 5:00 p.m.,FIVE(5)CITY BUST\ESS DAYS AFTER BID OPENING,EXCLUSIVE OF BID OPENING DATEOPENING i• Rev 6098 PART B PROPOSAL TO: Mr. Bob Terrell City Manager Fort Worth, Texas FOR: Rosedale Street Improvements Water & Sanitary Sewer Line Replacements Contract No. 1 - S. Main St. to I.H. 35W Section A- Sanitary Sewer Line Replacements Sewer Project No. PS46-070460133440 Section B -Water Line Replacements Water Project No. PW77-060770153580 D.O.E. No. 1995 Pursuant to the foregoing"NOTICE TO BIDDERS", the undersigned has thoroughly examined the plans, specifications and contract documents and the site, understands the amount of work to be done and hereby proposes to do all the work, furnish all the labor, equipment and materials to fully complete all the work as provided in the plans, specifications and contract documents and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish a Performance Bond, a Maintenance Bond and a Payment Bond, approved by the City of Fort Worth, for performing and completing the sewer and water construction work within the time specified for the following sum, to wit: Section A- Sanitary Sewer Line Replacements ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 1. 310 LF 4-Inch PVC Sanitary Sewer Pipe for Service Lines (All Depths)' �p Q=. $ �• Dollars $ �s^ and -d-- Cents per Linear Foot 7 —/-550 2. 98 LF 4-Inch(Class 51)Ductile Iron Sanitary Sewer Pipe for Se Lines(AI Depths) .�/ eM-r 5:� Dollars $ $ and .-n Cents per Linear Foot 3. 195 LF 6-Inch PVC Sanitary Sewer Pipe(All Depths)' r � C I Dollars $ �� $ and Cents per Linear Foot '1 4. 94 LF 6-Inch(Class 51)Ductile Iron Sanitary Sewer Pipe for Pn-fie Service Line VJI-Qepths) Q 42. ,. -rr�cJ�- Dollars $ �� $ and — 0 Cents per Linear Foot B-1 'See City Approved Product List on Page B-12 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 5. 644 LF 8-Inch PVC Sanitary Sewer Pipe(All Depths)' VC �v--e Dollars $ $ and .-o—Cents per Linear Foot 3 S Z ZS`I�C7 6. 2083 LF 8-Inch(Class 51)Ductile Iron itary Sewer Pipe (All Dept -70 Dollars $ $ and %2>— Cents per Linear Foot 8-Inch(Class 51)Ductile Iron Sanitary Sewer Pipe 7. 140 LF "By Other Than O n Cur(Sheets 6&9) Per Iter�QA-5 EJnJ tDollars $ and n— Cents per Linear Foot B. 55 LF 12-Inch(Class 51)Ductile Iron itary Sewer Pipe c/ (All Dept f`� r 0'"P Dollars $ $ and - c 1- Cents per Linear Foot S 30ZS 9. 30 LF 16-Inch(Class 51)Ductile Iron Sanitary Sewer Pipe (AN ) S 1�"T Y �rt�P Dollars $ $ and ���—Cents per Linear Foot 10. 19 EA 4-Inch SanitAry Sewer Tap Pe em 3 N rDollars $ and .--n--Cents per Each (� 11. 1 EA 6-Inch SanitaMSewer Tap 0 PefBm r 1 D-5 D8a0 rs $ z !'� $ and Cents per Each �f S Reconnection of Sanitary Sewer Service on Private 12. 7 EA Property'By a Licensed Plumber", Including 4"PVC Service I'ne(Sheets 6,7,8&9) �� 400 X I i1 r �v^Dollars $ /[ $ ��C s and r--r--3 Cents per Each (✓ J s 13. 10 EA Standard 4'Diameter Sanitary S er hole(0-6') 00 Per rgure-IN p �Q and rn—Cents per Each rs $ Z DO 14. 25 VF Added Depth for St ndard 4';D';;r0r Sanitary Sewer ®c) Man >6' � Dollars $ — and �Cents per Vertical Foot B-2 (r• PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 15. 8 EA Standard 4'Diameter(Drop)Sanitary Sewer Manhole(0-6') Pee ure 10� � I Ll.e E -G-�El.t/� ollars $ r� $ 2,f f and G�_Cents per Linear Foot -3 e3,00 '/ 16. 27 VF Added Deth forStandard 4'Diameter(Dro S itary ewer p Manhole> '�t 1 v'Qd a d .-D Z Cents per VerticalqFc f $ On $ 3 17. 13 EA Remove Existing Sanitary Sewer Manhole D-55 6)U '-�Dollars $ $ nd - 1911�-_ CeriTs per Each 18. 11 EA Abandon Exis r g Sanitary Sewer Manhole m D-5 ah -+ Dollars $ p� $ and — Cents per Each 0 19. 8 EA Concrete Col ar for Sanitary Sewe ole Per Fi ure 1 ,/ g "- Dollars I Y $ `� � $ �(O and �n--Cents per Each 20. 18 EA Watertight Ins for Sanitary Sewer Manhole(Polyethylene) Per Item D-5 (— v IJ - -l!'-f� Dollars $ $ and 1I.Cents per Each 21. 27 LF Permanent Asphalt Pavement Repair Per F Dollars $ 00 $ �D�� and Cents per Linear Foot 22. 675 LF Permanent Asphalt Pavement Repair Per Flr P }— -T, Dollars $ � $ �^/ and , Cents er Linear Foot / 23. 1167 LF Temporary Asphalt Pavement Repair Per Figure B "-q Dollars $ and C--S2--Cents per Linear Foot J 24. 12 SY 4-Inch Concrete Sidewalk Replacement Per tt E c1 Dollars $ and .=2 -bents per Linear Foot B-3 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 25. 29 SY 6-Inch Concrete Driveway Replacement Per Item 23 r---. •� V__�� Dollars $ `� $ and ,, — Cents per Square Yard S�S 26. 614 LF Sodding Per Item D-73 �n�-c Dollars $ and .:=D� Cents per Linear Foot / 27. 711 LF Seeding Per Item Q_-73 F JAIS Dollars $ o $ and —0— Cents per Linear Foot ` 7/ 28. 135 LF Concrete Curb&Gutter Replacement Per Its DA-220� � — -✓� Dollars $ ,pO $ and encs per Linear Foot Z 375 Pre-construction Cleaning&TV Inspection of Existing 29. 2669 LF Sanitary Sewer'To Be Abandoned" Per w-m2- Dollars $ 9�-„ $ and n,. Cents per Linear Foot 30. 3011 LF Post-construction TV Inspection of New Sanitary Sewer PerItem jJ Q `( A)r Dollars $ C) $ and cz=o_Cents per Linear Foot 31. 2890 LF Trench Safety System for Excavations>5'Depth Per Item D O C 7 �AJ � Dollars $ /+ 1� $ and —in— Cents per Linear Foot l 32. 18 EA Vacuum T st New Sanitary Sewer Manhole ,er Item a63 c7 -�� r bi�rs $ / Sc� $ !� Q and .—o-- Cents per Each t Pre-construction Exploratory Excavation of Existing 96" 33. 3 EA Storm Sewer 10heets 8&10) P em D-7 OQ Dollars $ and .- � ..Cents per Each 34. 80 LF Concrete Encasem t for Sanity Sewer Per item -77 � a V eDollars $ ,rte and D— Ce is per Linear Foot (- B-4 x w PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 35. 11 CY Class"B"Concrete for Miscellaneous Placement Per Item D-45 c -1 Dollars $ $ and —,N_ Cents per Cubic Yard 24 5 36. 11 CY Class"E"Concrete for Miscellaneous Placement Per Item D-45 �y ,�-- T`-), Dollars $ �O $ and �_0— Cents per Cubic Yard 37. 11 CY Crushed Limestone for Miscellaneous Placement Per Item D-47/�- tr t��10__q �3ollars $ �� $ and __N-Gents Perri lbicc;Yard 6 38. 7 EA New Service Line Clean-out Housing&Riser (Sheets 5,6,7,8&9) Dollars $ $ and o-- Cents per Each 509 Adjustment to New Sanitary Sewer Manholes to Facilitate 39. 10 EA Future Paving Improvements Per Item D-80.9 Three Hundred Fifty Dollars $350.00 $3,500.00 and No Cents per Each 40. 3 EA Repair Existing St rrn Sewer(Sheets 8&10) Per�t�► -22 �- {{�c D D- /�L�,t,►//�� Dollars $ 5700 $ and o-_Cents per Each Z / .4 TOTAL AMOUNT OF BID FOR SECTION A=S /® / p / TRANSFER TOTAL AMOUNT BID FOR SECTION A TO BID SUMMARY ON PAGE B-11. B-5 PART B PROPOSAL Section B - Water Line Replacements ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 1. 205 LF 6-Inch PVC Water Pipe(All Depths) a Dollars $ t7� $ O� and +—v— Cents er Linear Foot 2. 10 LF 6-Inch(Cla51)Duc' Iron Water Pipe(All Depths) CD ✓�� Dollars $ r. and Cents per Linear Foot 2 s 3. 2002 LF 8-Inch(Cla 51)Ductile Iron Water Pipe(All Depths) -A- Dollars $ B $ / c� and Cents per Linear Foot -Z s(p t7 SCJ 8-Inch(Class 51)Ductile Iron Carrier Pipe With Stainless 4. 145 LF Steel Casing Spacers(Sheet 17) Per F re 111-A&gem 0-80.3 k Dollars and c A j— Cen per Linear Foot �O S 5. 145 LF 18-Inch Steel Casing Pipe&Grout(All Depths)(Sheet 17) t� p ure 11 &It 810 Dollars $ - ^� $ /p& and Cents per Linear Foot rl 8-Inch(Class 51) uctile Iran Water Pipe With 18-Inch 6. 110 LF Steel Casing,Stainless Steel Casing Spacers&Grout"By Other T N-Open Cut"Isneer ia`isl Per F ii-.ysrtmn p F3 $ � $ ��� and _L,) —Cents per Linear Foot 7. 775 LF 12-Inch(Class 51)Ductile Iron Water Pipe(All Depths) lfLL: i c�t t7 Dollars $ COO _ $ and---r—o_ Cents per Linear Foot e{Sd 8. 731 LF 16-In (Class 51)D etiletron Water Pipe(All Depths) r 4a Vil'T Dollars $ �� $ d .meq Ce is per Linear Foot 9. 11 EA 6-Inch Gate Valve w/Cast Iron Bpx&Lid Fig re nd �® N Cents per Each�T $ '(�� $ �V /i'�D / �nV 10. 10 EA 8-In h Ga Valve w/Cast Iron Box$Lid ^ m� er Figur �� eC/ tars $ I�L $ 3/G' and ---cents per Each v (� B-6 *See City Approved Product List on Page B-12 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 11. 2 EA 12-Inch Gateve w/ I, ron Box&Lid Per Figur �dJ�C14.aw-u p O 1pyff­ -,-"i a/Lcr> Dollars $ $ and.,,,,_,._, ej.— Cents per Each ( ©� 2 Z 00 12. 2 EA 16-Inch Gate V `IVa t-� S Pe figure 4 I c��p ,4 u/)LLs`�� Dollars $ ) 7Z an 6) Cents per Each 7CJ V 1 13. 15 EA Class"A"Meter Box(Single Head Service) O iV lqollars $ and A $� Cents per Each Z�� c3o6c� w 14. 15 EA 1-Inch Single Head Se ice Tap to Main Per Ite 80.7 w' 1 y� /v AJ KpbN $ $ and p Cents per Each Iry 15. 255 LF 1-Inch Copper Service Line from Main to Meter Per Item D-80. 7 Dollars $ and e-- O-- Cents per Linear Foot 3/+"Copper Service Line on Private Property"By a Licensed 16. 100 LF Plumber" O Per Item D-80 ,Q ' Dollars $ 0 $ and — Cents per Linear Foot f ®� 17. 2 EA Class"B°Meter x n a � � Dollars $ $ //-c and ��L`2—Cents per Each 2l 18. 2 EA 2-Inch Service Tap toain Per Item D nar ( $ E ars and �-rte.--Cents per Each 1 19. 120 LF 2-Inch Copper Service Line fW Main to Meter Perms 0. ` axD U-J:) Dollars $ f7�� $ and a _Ce is per Linear Foot (, !Oocr 20. 1 EA 15V2-Inch x 17'r2-1nch lass°C"Meter Box t (Bullhe ervice) QJD w $ $ and .��•.,=Cents per Each OD 21. 1 EA 1-Inch Bullhead Service Tap to Main Per1—�-�.0.7 - �lDoAit ''� and ,LLCents per Each 2Lkj ©l/ 2-Inch Copper Service Line on Private Property"By a 22. 60 LF Licensed Plumber" Per Item D 7 t�t�-'1` llars $ �� $ and ents�V��D per Linear Foot B-7 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST 23. 1 EA 1-%InchSingl4p Head Service Tap to MainCgrjt ®� A d . m D-8 L--e- N 0�� Dollars $ $ Cents per Each �©(� 5(9 6 24. 50 LF 1-%Inch Copper Service from Main to Meter Box Per Ite 0 60 Dollars $ $ an—d T�en�ts p Linear Foot e 25. 2 EA 6-Inch Service TapMain _ �9 P DC J 1 , , f,) 0Dollars $ $ an Cents per Each 26. 2 EA Relocate Existing eter Box P em D-80. Dollars $ f/00 $ 2� and _r9— Cents per Each l 27. 2 EA Remove&Salvage Existing Fire Hydrant Per ftem D-5 c7 W-- `1" Dollars $ m f D/-1 and_,__&— Cents per Each 6 V 28. 12 EA Standard Fire Hydrant �(3 �` er Figure� ( '' �a Dollars $ y� ) and r- C_ Cents per Each SOV G ■' 29. 11 VF Standard Fire Hydrant arrel 8 Stem Extension Per Fig2 5 No and .-7.— Cents per Vertical Foot 30. 2682 LF Trench Safety f^cavations>5'Depth _ Per Item D-51 `U n� C Dollars $ $ and c--- p Cents per Linear Foot 31. 2157 LF Temporary Asphalt Pavement Repair Per 1� 0© �� Dollars $ $ and 6, Cents per Linear Foot 32. 218 LF Permaneqj Asphalt Pavement epair PeT re 2 cY �•� oliars $ go c, B $ c� [ and" �—h--Cents per Linear Foot C 33. 840 LF Permanent Asphalt Pavement Repair Per Figure Dollars $ `� $ and Cents per Linear Foot 34. 1750 SF Permanent Concrete Pavement Repair Per Figure1 �►K Dollars $ 6 $ JD�� and Cents per Square Foot F! [ B-8 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL i NO. WRITTEN IN WORDS COST 35. 10 TN Cast Iron/Ductile Iron Fittings Per I m DAea-14 �- .�. Dollars $ 2noa $ and rQt� Cents per Ton 36. 435 LF Seeding • Per Item D-73 op (04'z Dollars $ $ and O-- Cents per Linear Foot 37. 53 CY Class"B"Concrete for Miscellaneous Placement Pert 5 p ck-� Dollars $ $ and Cents per Cubic Yana w 38. 50 CY Class"E"Concrete for Miscellaneous Placement Q Per Item B %O'✓) Dollars $ $ ©� and r Cents per Cubic Yard 39. 50 CY Crushed Limestone for Miscellaneous Placement Per Item D-47 w J la ' Dollars $ ^B and -'0 r Cents per Cubic Yard U 40. 60 LF Concrete Curb&G tter Re ement Item DA ��-22 A Dollars $ < � Per $ and O- _C+s per Linear Foot G (/ �. 41. 1 EA 6-Inch Blow-off With 6-Inch Gate Valv Access Manhole f9`r`E_18 f"o 0 1, s4A sf $ $ and A r Cents per Each Pre-construction Exploratory Excavation of Existing Storm 42. 3 EA Sewer(Sheets 115&17) r 8 Per , 14, N OZO<) Dollars $ �� $ and 0 r- Cents per Each 43. 1 LS 2-Inch Temporary Water Service(Entire Project) Per Item D. -_ 0.8 _.. I C>� I ,P 1 1�u S F+�✓'- Dollars $ $ to and � Cents per Lump Sum 66) 44. 36 SY 6-Inch Concrete Driveway Replacement Pe tern 23 =s ' �l Dollars $ and -0 — Cents per Square Yard 45. 9 SY 4-Inch Concrete Sidewalk Replacement Per Iterr> ``� Dollars $ $ and—4 Cents per Square Yard Required Railroad Insurance and Right of Entry Agreement, 46. 1 LS Including$500.00 Fee(See Appendix A) Pe D-17 n p� C)%w),�L ( /0 4S b'ollars $ ��� $ l�/ and -h- Gents per Lump Sum v B-9 PART B PROPOSAL ITEM QTY. UNIT DESCRIPTION OF ITEM WITH UNIT COST UNIT COST TOTAL NO. WRITTEN IN WORDS COST Adjustment to New Valve Boxes/Vaults to Facilitate Future 47. 7 EA Paving Improvements Per Item D-80.9&D-80.10 Three Hundred Dollars $300.00 $1,800.00 and No Cents per Each 46. 2 EA Repair Existing Storm Se er(Sheets 14,15& 17) Per Item D Nre /n p r,ar o $ 1/'y�� $ t9� and r o— Cents per Each 49. 60 LF Concrete Encasement Per Figure 0 O C� Dollars $ Q $ And >— nts per Linear Foot 50. 2 EA Remove and Salva a Existing 20-Inch Gate Valve Per tem-D-55 (, � f�)O 2 Dollars $ f / ^D .f and ro�Cents per Each !e 51. 1 EA Remove and Salvage xisting 16-Inch Gate Valve Per -55 N �/ l� $ and =_CO—Cents per Each 52. 1 EA Remove and Salvage ExVfing 12-Inch Gate Valve 9 C7 •* Per Item D $ and r— C>—Cents per Each 53. 4 EA Remove and Salva a Existi ch Gate Valve 6� Per Item 5Vat S? Dollars and — C nts per Each 54. 7 EA Remove and Salvage Exi ting 6-In ate Valve Per Item?;5 and ._ O— Cents pdr Each 55. 2 EA Remove and Salvag Existin�ch Gate Valve Per Item � Dollars $ $ and d—Cen per Each 56. 1 EA Remove and Salvage ExisT;inn 2-In �teve Per Item D- �� com< T e-+�'� $ $ 2 and c—D--Cents peqach 76 57. 1 EA Remove sting Air Relief Valve Per Item 0 Ilars and ;_ . Cen erEach 58. 1 EA Remove Existing Blow-off Ive and Sump Manhole Per!t c �� (� � ark v and Cents per Each 00 71 B-10 PART B PROPOSAL oV TOTAL AMOUNT OF BID FOR SECTION B=$ -�. TRANSFER TOTAL AMOUNT OF BID FOR SECTION B TO BID SUMMARY BELOW. BID SUMMARY �c'I " TOTAL AMOUNT BID FOR SECTION A= ` TOTAL AMOUNT BID FOR SECTION B= TOTAL AMOUNT BID FOR A& B= $ / _ W B-11 PART B PROPOSAL CITY APPROVED PRODUCT FOR *Contractor shall select the type of pipe to be used. STANDARD SPECIFICATION NO. DIAMETER (in.) E1-31 4 through 30 E1-25 4 through 15 E1-27 4 through 15 F E1-28 18 through 27 E-100-2 18 through 48 Consult with City of Fort Worth"Standard Product List"to obtain the GenericlTrade name and manufacturer for the pipes listed above. Failure to provide the information required above may result in a rejection of the bid as being "Non-responsive". Only products listed above will be allowed for use in this project. Any substitutions shall result in a rejection of the bid as being"Non-responsive". B-12 PART B PROPOSAL Within ten (10) days of notification from the City,the undersigned will execute the formal contract and will deliver an approved surety bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid surety, in the amount of 5%of the total amount bid, is to become the property of the City of Fort Worth,Texas, in the event the contract and bond, or bonds, are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused,thereby. The undersigned bidder,certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency, in either furnishing or referring employee applicants to the undersigned, are not discriminated against as prohibited by terms of City Ordinance No.7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction 10 calendar days after issue of the work order, and to complete construction within 90 calendar days as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable) [ ]A. The principal place of business of our company is in the State of [ ] Non-resident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [ ] Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. ] B. The principal place of business of our company, our parent company, or majority owner, is in the State of Texas. Receipt is acknowledged of the follow' g dden . Addendum No. 1 Addendum No. 2 Addendum No. 3 (SEAL) If Bidder is a Corporation Respectfully Submitted, X By: l Title: Address: Telephone No. B-13 r i r r vaRr c rcann.n r r r t r r s s r r s r r PART C-'CONTRACT THE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT, made and entered into the 30 day of JANUARY, 2001 by and between the City of Fort Worth, a home-rule municipal corporation located in Tarrant County, Texas, acting through its City Manager thereunto duly authorized so to do, Party of the First Part, hereinafter termed "OWNER", and STOCKER ENTERPRISES. INC.of the City of FORT WORTH County of a<<and State of TEXAS, Party of the Second Part, hereinafter termed"CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part(Owner), said Party of the Second Part (Contractor) hereby agrees with the said party of the First Part (Owner) to commence and complete certain improvements described as follows: WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT,SOUTH MAIN TO I135. CONTRACT NO. 1 And all extra work connected therewith, under the terms as stated in the Contract Documents, and at his (their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendent, labor, bonds, insurance,and other accessories and services necessary to complete the said construction, in accordance with all the requirements of the Contract Documents, which include all maps, plats, blueprints and other drawings and printed or written explanatory matter thereof, and the specifications thereof, as prepared by the Engineers employed by the Owner, each of which has been identified by the endorsement of the Contractor and the Engineers thereon, together with the Contractor's Written Proposal and the other parts of the Contract Documents hereto attached,including the Fort Worth Water Department General Contractor Documents and General Specifications, all of which are made a part hereof and collectively and constitute the entire contract. J� �U,10,D LOW The Contractor hereby agrees to commence work within ten (10) days after the date written notice to do so shall have been given to him, and to substantially complete same within the time stated in the proposal. The Owner agrees to pay the contractor in current funds for the performance of the contract in accordance with the Proposal submitted therefor, subject to additions and deductions, as provided in the Contract Documents and all approved modifications thereof, and to make payment on account thereof as provided therein. IN WITNESS WHEREOF, the Parties to these presents have executed this Contract in 8 counterparts in the year and say first above written. City of Fort Worth Texas ner ATTEST: art of a First rt BY: sL ASST. City Manager CW S4-71- City Secretary (Seal) WITNESSES: STOCKER ENTERPRISES,INC. 1501 KENNEDY LANE FORT WORTH, TX 76107 Contractor By. QVX Title: APPROVED: Approved as to Form and Legality: 4 A. Douglas Rademaker,P.E.Director Asst. Yity Attorney Department of Engineering CW CORtract Authorization Date OFFICIA [ROF.1CD CRY NUM11"Aff Ff. WOMPTEX Bond # 777744 (Address) MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § N KNOW ALL MEN BY THESE PRESENTS: That (1) STOCKER ENTERPRISES, INC. as Principal, acting herein by and through (2) its duly authorized and (3) QVitol kdem ty C:omar'ati a corporation organized under the laws of the State of TEXAS,as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, A Municipal Corporation, chartered by virtue of Constitution and laws of the State of Texas, at Fort Worth, in Tarrant County, Texas the sum of SIX HUNDRED FIFTY FOUR THOUSAND SEVI N HUNDRED SEVENTY FOUR DOLLARS 00/100............. ($654,774.001 in lawful money of the United States, for the payment of which sum well and truly be made unto said City of Fort Worth and its successors, said Contractor and surety do hereby bind themselves, their heirs, executors, administrators,assigns and successors,jointly and severally. This obligation is conditioned,however;that, WHEREAS, the Principal has entered into a certain contract with the City of Fort Worth, dated the 30 day of JANUARY 2001, the performance of the following described public work and the construction of the following described public improvements: WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT,SOUTH MAIN TO IH35,CONTRACT NO. 1 all of same being referred to herein and in said contract as the Work and being designated as project PS46- 070460133440, PW7-060770453580 and said contract, including all of the specifications, conditions and written instruments referred to therein as contract documents being hereby incorporated herein by reference for all purposes and made a part hereof,the same as if set out verbatim herein;and , WHEREAS, in said Contract,Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during the period One (1) Year after the date of the final acceptance of the work by the City;and I WHEREAS,said Contractor binds itself to maintain said work in good repair and condition for said term of . One(1)Year;and, I WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary; and, WHEREAS,said Contractor binds itself, upon receiving notice of the need therefor to repair or reconstruct said work as herein provided. NOW THEREFORE, if said Contractor shall keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contract, these_presents shall be null and void, and have no force or effect. Otherwise this Bond shall be and remain in full force and effect,and said City shall have and recover from the said Contractor and its surety damages in the premises prescribed by said Contract. ' This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WHEREAS, all parties covenant and agree that if any legal action be filed upon this bond, venue shall lie in Tarrant County,Texas;and, IN WITNESS WHEREOF, this instrument is executed in 8 counterparts, each one of which shall be deemed an original,dated JANUARY 30,2001. ATTEST: (Pri cipal) Secretary (Seal) STOCKER ENTERPRISES,INC. NCIPAL(4) BY: Title: ,�kit 51 n i=j�A 1501 KENNEDY LANE FORT WORTH,TX 76107 (Address) itncss asrinr,ipaI DD '� ) T Ab�Lo !Jy/ l /� S'Irety (Address) ATTES i7olIar�tr, t o tayFall�,t)R)7630] '9h (Address) Shannon ] (Surety) re[ ry NOTE: Date of Bond must not be prior to date of Contract (SEAL) (1) Correct Name of Contractor (2) A Corporation,a partnership or an Individual,as case may be - (3) Correct name of Surety (4) If Contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact. Witness as to Surety Bad # 777744 PAYMENT BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we (1) STOCKER ENTERPRISES, INC. a (2) of Tarrmt County, hereinafter call Principal, and (3) Capitol Trrkrmi W GmZ)=tirn —, a corporation organized and existing under the laws of the State 44 and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,hereinafter called Owner,and unto all person,firms,and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: SIX HUNDRED FIFTY FOUR THOUSAND SEVEN HUNDRED SEVENTY FOUR DOLLARS 00/100............. ($654,774.00) Dollars in lawful money of the United States to be paid in Fort Worth,Tarrant County,Texas, for the payment of which sum will and truly be made, we hereby bind ourselves, our heirs, executors, administrators and successors,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the City of Fort Worth, the Owner, dated the 30 day of JANUARY A.D. , 2001, a copy of which is hereto attached and made a part thereof, for the consideration of.: WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT,SOUTH MAIN TO I1135,CONTRACT NO. 1 designated as Project No. (s) PS46-070460133440, PW7-060770453580, a copy of which is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and a construction being hereinafter referred to as the"work". NOW THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Chapter 2253,Texas Government Code, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full force and effect. THE BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract,as claimants are defined in said Chapter 2253, and all such claimants shall have a direct right of action under the bond as provided in Chapter 2253, Texas W Government Code, PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in Tarrant County, Texas, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract or to the work or the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the 30 day of JANUARY A.D.,2001. STOCKER ENTERPRISES.INC. _ ATTEST: � � PRINCIP (4) 0— Title: YR1:51!QfA* (Principal)Secretary 1501 KENNEDY LANE FORT WORTH,TX 76107 (SEAL) (Address) Witness as to Princip urety �` 1 BY. (Attornev-in-fact)(5) Address Staei Gross ATTES (Address) !� S- Tort Cxzdez (Surety) ecre 701 Lamar, Wichita Falls, TX 76301 (Address) (SEAL) NOTE: Date of Bond must not be prior to date of contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety . (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. Witness as to Surety MF d PROVIDED FURTHER, that if any legal action filed upon this bond, venue shall lie in Tarrant County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, this instrument is executed in 8 counterparts each one of which shall be deemed an original,this the 30of JANUARY,2001. ATTEST: v O STOCKER ENTERPRISES.INC. s (Principal)Secretary PRINC (4}/ _( kZ BY. I Titic: � SiL7P (SEAL) 1501 KENNEDY LANE FORT WORTH,TX 76107 (Address) Capi tol Ihd iy QXPMIUM 1�jiyhess as to Pri 5. Surety Address Btj 1': a t� ' ATTEST Staci Cross (Attorney-in-fact)(5) am= Ga1zah9Surety) cretary � J lamr.Wichi to Fal l c_ TX 763M (Address) (SEAL) NOTE: Date of Bond must not be prior to date of Contract (1) Correct Name of Contractor (2) A Corporation,a Partnership or an Individual,as case may be (3) Correct name of Surety (4) If contractor is Partnership all Partners should execute Bond (5) A true copy of Power of Attorney shall be attached to Bond by Attorney-in-Fact.. Witness as to Surety (Address) 0 , INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE,SUITE 1400,MADISON,WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O.BOX 5900,MADISON,WI 53705-0900 PHONE(608)231-4450-FAX(608)231-2029 POWER OF ATTORNEY NO: 565611 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make,constitute and appoint - --STACI J. GROSS, LAURA. A. ESPINOZA, STEVE DEAL OR DONAL HOLEY ------- its true and lawful Attorneys)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ---- ---------------T---NOT TO EXCEED$4,000,000.00This Power of Attorney Is granted and is signed and sealed by facsimile under and by the ,authority of the following Resolutilon odopt4d by the'Eloard of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: 'RESOLVED,that the Presldent,and ViCe-President,the Secretary or Treasurer,acting individually or otherwise,'be and they hereby are granted tbo power and authortration to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings,and other writings obligatory in the nature thereof, one or more resident vice-presidents,assistant secretaries and attomey(s)-in-fact,each appointee to have the powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by Facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by Facsimile signatures and facsimile seal shall be valid and binning uporl'the Company in the future with respect to any bond or undertaklitg Or other Writing obligatory in the nature thereof to which it is attached,Any such,appointment Tay be revoked,for cause,or without cause+by any of said office ,at any time.' IN WITNESS WHEREOF,the CAPITOL INDEMNITY CORPORATION has caused'these presents to be signed by its officer undersigned and Its corporate seal to be hereto affixed duly attested by Its Secretary, this ^est day of June, 1999. CAPITOL INDEMNITY CORPORATION Attest: oE,,,NITYC LwgilAne�M,Schufte,Secretary a CORPORATE SEAL Z Geor Fait. siftpl STATE OF WISCQNSIN % WSCONSP COUNTY OF DANE �tinmp1t� On the 1st day of June,A.D., 1999, before me personally came George A Fait, tome known, who being by me duly swom, did depose and say: that he resides, in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal-' that it was so affixed by order, the Board of Directors Of said corporation and that he signed his name thereto by like order. STATE 00 WISCONSIN X001," oti pF WISC 3�eY JANE 'Z G COUNTY OF DANE �* , Jane F.Endres EhDrSrta� Notary Public,Dane Co.,WI yo Common Expires March 29,2003 CERTIFICATE I, the undersigned, duly ef0cted to'' the office stated below, "60w tho Incumbent in C IiPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CEAtt that the foregoing attached Power of Attorney remains in full force and has not been revolted; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signet "and sealed at the City of 4aoisqn,'Dated the 30th day of_ nue .,_001 EM14I7Y C �O 9.y4 op tea'CORPORATE'-' SEAL �F�yre Paul J.Bre r,Treasurer co This power is valid only'If the power of attorney number printed in the upper right,hand�orn er apear�in red.Phot000pies, on copies or other rirepirgi�uiptlonsXOro not binding on tho+cgmpany, IrKpAries ponoemingthis power,dlt sttpr ey may be directed to the Bond Manager at the DAM(ImulmD -'s 1L.-I 02/14/01 fPRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ONLY AND CONFERS NO RIGA UPON THE CERTIFICATE L T BARTON INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1200 SUMMIT AVE, #202 COMPANIES AFFORDING COVERAGE FORT WORTH, TX 76102 COMPANY A TWIN CITY FIRE INSURANCE CO INSURED COMPANY STOCKER ENTERPRISES, INC. B HARTFORD UNDERWRITERS INS CO COMPANY 1051 KENNEDY LANE C FORT WORTH, TX 76131-1047 COMPANY D .......... ....... .......... ............. . . ........ ... ... . . .... ...... .. . .. .......... . ..... ......... . ........ ..... ... . ..... .. .. . .............. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) I GENERAL LIABILITY 46 CSE QT0473 11715/00 —11/15/01 GENERAL AGGREGATE s2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG s2, 000, 000 7 CLAIMS MADE 7X OCCUR PERSONAL&ADV INJURY $1, 000, 000 OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) S 300, 000 MED EXP(Any one person) is 10, 000 AUTOMOBILE LIABILITY 46 UEN QT0474 11/15/00111/15/01 1, 000, 000 X ANY AUTO COMBINED SINGLE UMrr ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acoklent) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S k EXCESS LIABILITY 46 HU QT0475 11/15/00 11/15/01 EACH OCCURRENCE $2, 000, 000 UMBRELLA FORM AGGREGATE s2, 000, 000 OTHER THAN UMBRELLA FORM $ H- B WORKERS COMPENSATION AND 46 WBQ T 0 4 6 9 11/01/00 11/01/01 X TORYLIMITS �OER EMPLOYERS'LIABILITY M EACH ACCIDENT $ 500, 000 THE PROPRIETOR/ X 1�,proved_____ PARTNERS/EXECUTIVE INCL EL DISEASE-POLICY LIMIT— $ 500, 000 OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE FS 500, 000 OTHER C. DESCRIPTION OF OPERA'nONS/LOCA'nOUSNEMICLES/SPECIAL ITEMS SEE ATTACHMENT #1 FOR JOB DESCRIPTION RECEIVED FEB 1 9 2001 ............. ........... .... .. . . m. .............. ..... ... ................................ ....................... ....................... .................. ... ............... .0 .................... 'NO ....... .... A .Ri . ..... .... . . .......... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FORT WORTH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ENGINEERING DEPARTMENT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1000 THROCKMORTON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY FORT WORTH, TX 76102 OF ANY KIND UPO*--,,THE COMPANY, –rrrArr;NTs REPRESENTATIVES. AUTHORIZED REPRE Bart Tuc ....1..........*...... .............................. ... ............... .................... .J............................. ................................ ...... .... ................... ............. :�:–,:: I : ....: . .. .. . . .............. CERTIFICATE OF INSURANCE ATTACHMENT#1 STOCKER ENTERPRISES, INC. JOB DESCRIPTION: Rosedale Street Improvements Water & Sanitary Sewer Line Replacements Contract No. 1 — S. Main St. to I.H. 35W Section A—Sanitary Sewer Line Replacements Sewer Project No. PS46-070460133440 Section B— Water Line Replacements Water Project No. PW77-060770153580 D.O.E. No. 1995 CERTIFICATE OF I'STUTANCE TO: CITY OF FORT WORTH Date:02/02/01 NAME OF PROJECT: WATER AND SANITARY SEWER LINE RELOCATIONS IN ROSEDALE STREET RECONSTRUCTION PROJECT,SOUTH MAIN TO IH35.CONTRACT NO. 1 PROJECT NUMBER: PS46-070460133440,PW7-060770453580 IS TO CERTIFY THAT: STOCKER ENTERPRISES.INC. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with provisions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury: Liability Insurance(Public Ea.Occurrence: $ Liability) Property Damage: Ea.Occurrence: $- Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $_ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Bodily Injury: Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occurrence: $ Other Locations covered: Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such change/or cancellation. Where applicable local laws or regulations require more than five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement thereto attached. Agency Fort Worth Agent By Address Title r r r f t vnnr c � General Conditions r r r s r r r r r r t W NOTE: The following revisions to Item C6-6.12 CONTRACTOR'S RESPONSIBILITY W FOR DAMAGE CLAIMS shall replace, to its entirety, that which is currently shown on Pages C6-6 (8) to C6-6 (10) herein. C6-6.12 CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS 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 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. PART C - GENERAL CONDITIONS - TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS - Cl-1 DEFINITIONS C'_-1. 1 Definition of Terms C1-1 (1 ) C1-1. 2 Contract Documents Cl-1 (1) C1-1. 3 Notice to Bidders Cl-1 ( 2 ) C1-1 . 4 Pr000sal C1-1 ( 2 ) C1-1. 5 Bidder C1-1 (2 ) C1-1. 6 General Conditions C1-1 ( 2) C 1-1.7 Special Conditions C1-1 ( 2 ) C1-1. 8 Specifications C1-1 ( 2) C1-1. 9 Bond C1-1 ( 2) C1-1.10 Contract C1-1 ( 3 ) C1-1. 11 Plans Cl-1 (3 ) C1-1.12 City Cl-1 (3 ) C1-1.13 City Council C1-1 ( 3 ) C1-1.14 Mavor C1-1 (3 ) C1-1.15 City Manager C1-1 (3 ) ` C1-1.16 City Attorney Cl-1 (3 ) C1-1.17 Director of Public Works C1-1 (4). Cl-1.18 Director, City Water Department C1-1 (4 ) C1-1. 19 Engineer C1-1 (4) C1-1. 20 Contractor C1-1 (4 ) C1-1. 21 Sureties C1-1 (4 ) C1-1. 22 The Work or Project - C1-1 (4 ) C1 -1. 23 Working Day C1-1 ( 4) C1-1. 24 Calendar Day C1-1 (4 ) C1-1. 25 Legal Holiday Cl-1 (4 ) C1-1. 26 Abbreviations C1-1 (5) Cl-1. 27 Change Order C1-1 (6 ) C1-1. 28 Paved Streets and Alleys C1-1 (6 ) C1-1. 29 Unpaved Streets and Alleys C1-1 ( 6 ) C1-1. 30 City Streets C1-1 ( 6 ) C1-1. 31 Roadway C1-1 (6 ) m C1-1. 32 Gravel Street C1-1 (6 ) C2-2 INTERPRETATION AND PREPARATION OF .PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2. 2 Interpretation of Quantities C2-2 (1) C2-2. 3 Examination of Contract Documents and Site C2-2 (2) C2-2. 4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 ( 3 ) C2-2. 6 . Bid Security C2-2 (3 ) (1 ) C2-2. 7 Deliver; 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) R C3-3 . 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3. 3 Equal Employment Provisions C3-3 (1) - C3-3. 4 Withdrawal of Proposals C3-3 (2) C3-3. 5 Award of Contract C3-3 (2) - C3-3 . 6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3. 8 Execution of Contract C3-3 (4 ) C3-3 .9 Failure to Execute Contract C3-3 (4 ) C3-3. 10 Beginning Work C3-3 (4 ) C3-3. 11 Insurance C3-3 (4 ) C3-3 . 12 Contractor ' s Obligations C3-3 (7) C3-3 .13 - Weekly Payroll C3-3 (7) C3-3.14 Contractor' s Contract Aautinistraton C3-3 (? ) C3-3.15 Venue C3-3 (8 ) C4-4 SCOPE OF WORK C4-4. 1 Intent of Contract _Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4. 3 Increased or Decreased Quantities C4-4 (1) C4-4. 4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4. 6 Schedule of Operations C4-4 (3 ) C4-4 . 7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5 . 2 Conformity with Plans C5-5 (1) C3-5. 3 Coordination of Contract Documents CS-5 (2) CS--5. 4 Cooperation of Contractor C5-5 (2) C5-5 .5 Emergency and/o'r Rectification Work C5-5 (3) C5-5 . 6 Field Office CS-5 (3) CS-5.7 Construction Stakes C5-5 (3) C5-5. 8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5 ,10 Removal of Defective and Unauthorized Work C5-5 (5) CS-5 .11 Substitute Materials or Equipment C5-5 (5) C5-5 .12 Samples and Tests of Materials C5-5 (6) C5-5 .13 Storage of Materials C5-5 (6) CS-5 .14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) _ C5-5 .16 Mutual Responsibility of Contractors C5-5 (8) CS-5 .17 Cleanup C5-5 (8) CS-5 .18 Final Inspection C5-5 (9 ) ( 2 ) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 . 1 Laws to be Observed C6-6 (1) C6-6 . 2 Permits and Licenses C6-6 (1) C6-6 . 3 Patented Devices, Materials and Processes C6-6 (1) C6-6 . 4 Sanitary Provisions C6-6 (2) C6-6 . 5 Public Safety and Convenience C6-6 (2 ) C6-6 . 6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 ( 3 ) C6-6 . 7 Railway Crossings C6-6 (4 ) C6-6 . 8 Barricades, Warnings and Watchmen C6-6 ( 4 ) C6-6 . 9 Use of Explosives , Drop Weight, etc. C6-6 (5 ) C6-6 . 10 Work Within Easements C6-6 (6 ) C6-6. 11 Independent Contractor C6-6 ( 8 ) C6-6 . 12 Contractor ' s Responsibility for Damage Claims C6-6 ( 8 ) C6-6 .13 Contractor' s Claim for- Damages C0'-6 (10 ) a C6-6 . 14 Adjustment of Relocation of Public Utilities , etc. C6-6 (10 ) C6-6 . 15 Temporary Sewer Drain Connections C6-6 ( 10 ) C6-6 . 16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6 . 17 Use of a Section of Portion of the Work C6-6 (11 ) C6-6 . 18 Contractor ' s Responsibilitv for Work C6-6 (11) C6-6 . 19 No Waiver of Legal Rights C6-6 (12 ) C6-6 . 20 Personal Liability of Public Officials C6-6 (12 ) C6-6 . 21 State Sales Tax C6-6 (12 ) C7-7 PROSECUTION AND PROGRESS C7-7. 1 Subletting C7-7 ( 1) C7-7 . 2 Assignment of Contract C7-7 (1) C7-7 . 3 Prosecution of the Work C7-7 (1) C7-7 . 4 Limitations of Operations C7-7 ( 2) C7-7 . 5 Character of Workman and Equipment C7-7 ( 2) C7-7. 6 Work Schedule C7-7 (3 ) C7-7. 7 Time of Commencement and Completion C7-7 (4 ) C7-7 . 8 Extension of time of Completion C7-7 ( 4 ) C7-7 . 9 Delays C7-7 (4 ) C7-7 . 10 Time of Completion C7-7 (5 ) C7-7. 11 Suspension by Court Order C7-7 (6 ) C7-7 .12 Temporary Suspension C7-7 (6 ) C7-7 .13 Termination of Contract due to National Emergency C7-7 (7 ) C7-7 . 14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7. 15 Fulfillment of Contract C7-7 (9 ) C7-7 .16 Termination for Convenience of the Onwer C7-7 (10 ) C7-7. 17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8 . 1 Measurement of Quantities C8-8 (1) C8-8 . 2 Unit Prices C8-8 (1) ( 3 ) C8-8 . 3 Lump Sum C8-8 (1) C6-8 . 4 Scope of Payment C8-8 (1) C8-8 . 5 Partial Estimates and Retainage C8-8 (2) - C8-8 . 6 Withholding Payment C8-8 (3) C8-8 . 7 Final Acceptance C8-8 ( 3 ) CS-8 . 8 Final Payment C8-8 (3 ) C8-8 .9 Adquacy of Design C8-8 (4) . C8-8 .10 General Guaranty C8-8 ( 4) C8-8 .11 Subsidiary Work C8-8 (5 ) C8-8 .12 Miscellaneous Placement of Material C8-8 (5 ) C8-8 .13 Record Documents C8-8 (5 ) ( 4 ) _ PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS Cl-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows : C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERIMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items : PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 ( 1 ) L- C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising ;.tediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or ry tender of a bidder to perform the work which the. Owner desires to have done, together with the bid security, constitutes the E Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly cpened and read and not rejected by the Owner.- C1-1 . 5 BIDDER : Any person , persons , firm, partnership , company, association, corporation, acting directly or through a duly authorized representative , submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS .- The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , v and requirements of the City o.f Fort Worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions . When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor R and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS : The Specifications is that section or part of the Contract Documents which sets forth in detail the r equir ements' which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project . Whenever reference is made to standard specifications, regulations, requirements , statutes , etc . , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are .the written guarantee or security furnished by the Contractor for th.e prompt and C1-1 (2) faithful performance of the contract and include the following : a. Performance Bond ( see paragraph C3-3 .7 ) b. Payment Bond (see paragraph 6-3 .7 ) C . Maintenance Bond ( see paragraph C3-3 .7 ) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2 . 6 ) C1-1 . 10 CONTRACT: The Contract is the formal signed agreement ' between the Owner. and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1 . 11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner ' s representative showing in detail the location , dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams , working drawings, preliminary drawings -and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY : The City of Fort Worth , Texas , a municipal corporation, authorized and chartered under the Texas State S tatutes , acting by and through its governing body or its City Manger , each of which is required by ct:arter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . The terms City and Owner are synonymous . C1 - 1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR : The officially elected Mayors or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1 . 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized representative. Cl-1 ( 3 ) C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort .� worth , Texas , or his duly authorized representative , assistant, or agents. C1-1. 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. C1-1 . 20 CONTRACTOR: The person , persons , partnership , company, firm, association, or corporation , entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative . A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1. 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and -for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all -requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor, materials , tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY: • A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 a.m. and 6 : 00 p .m. , with exceptions as permitted in paragraph C7-7 .6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. CI-1. 2,5 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 ) 1. New Year' s Day January 1 2 . M. L. King, Jr. Birthday Third Monday in January 3 . Memorial Day Last Monday in May 4 . Independence Day July 4 5 . Labor Day First Monday in September 6 . Thanksgiving Day Fourth Thursday in November y 7 . Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9 . Such other days in lieu of holidays as the City Council may determines When one of the above named holidays or a special holiday is declared by the City Council , falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - Anmerican Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O . D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Tine Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linea: or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron C1-1 (5 ) C1 -1 . 27 CHANGE ORDER : A " Change Order " is a written - supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the _ scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All " Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street , or alley having one of the following types- of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3 . Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, r roadway or other surface is any area except those defined above for "Paved Streets and Alleys . " C1-1. 30 CITY STREETS: A city street is defined' as that area between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 21 ) feet back of the curb lines or four ( 4 ' ) feet back of the average edge of pavement where no curb exists. C1-1. 32 GRAVEL STR-EET: A gravel street is any unpaved street to which has been adde one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 ( 6 ) M ii SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal . form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid 'prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed,- provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder ' s " Experience Record, " "Equipment Schedule , " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certi�ied public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the ° estimated project cost will be required. For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five (5 ) years prior to the date on ` which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort worth Water - Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work and materials to be furnished as may be' listed in the proposal C2-2 (1 ) s forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance 'with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or , decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. �- C2-2. 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all 'of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents . Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves .by their own independent research and investigations, tests , boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation, research , tests , explorations, and other data which are necessary for, full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings , if any, showing on the plans are for general information only and may not be correct. Neither the C2-2 (2) Owner nor the . Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All bunk spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes *to do the work contemplated or furnishe the materials required . All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. } If a proposal is submitted by an" individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm , association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm , association , or partnership , or by a person duly authorized . If a . proposal is submitted by a company or corporation , the company or corporate name and business address :rust 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 whey show any alteration of words or figures , additions not called for , conditional or uncalled for alternate biCs , incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 6 BID , SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and ih the amount indicated in the "Notice to Bidders" and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds . The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security , to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS : Proposals- actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the _ proposals for which non-consideration requests have been properly filed may; at the option of the Owner, be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal 'by telegraphic , communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic cormunication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been - prQperly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All -proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However , the C2-2( 4 ) Owner reserves' the right to waive any and all irregularities and to make the award of the contract to the best interest of the City . Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: 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 acainst 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 r condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2( 5 ) MW PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: a. C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of* the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to - a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of. the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner , the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3 -3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books , records , or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any n ature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements ; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six ( 6 ) months . C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall OM comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 ( 1) a The Contractor• shall post the required notice to that effect on the project site , and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have 'on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment .Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time , not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the - proposed awardee. The award of the contract, if an award is made, will be to the lowest andbest responsible bidder. The award. of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for Comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities , usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 . 7 BONDS : With the execution and delivery of the Contract ,Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE POND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2) W bond shall guarantee the payment for all labor , materials , equipment , supplies , and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined- in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Paymant Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as - required , have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments he due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution , or otherwise, awarded the contract., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents . No contract shall be binding upon' the owner until it has beeh attested by the City Secretary , approved as to form and legality by the City Attorney, ' and executed for the Owner by either the Mayor or City Manager. C3-3 . 4 FAILURE TO EXECUTE CONTRACT : The failure of the _ Awardee to execute the required -bond or bonds or to sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered by the 'Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the .Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order" , it is agreed that the Surety Company will, within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 . 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner. The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) certificate of ,insurance for approval . The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors . In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute , the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor_ shall procure and shall maintain during the life of this contract Contractor ' s -Comprehensive General Liability Insurance ( Public ` Liability and Property Damage Insurance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $ 500 , 000 covering each occurrence on account of property damage with $2,000 ,000 umbrella policy coverage. r C. ADDITIONAL LIAPILITY : The Contractor shall furnish insurance as separate policies or by _ additional endorsement to one of the above-mentioned policies , and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3 . Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4 . Damage to underground utilities for $500 , 000 . o C3-3 (5 ) MM 5. Builder's risk (where above-ground structures are involved) . 6. Contractual Liability ( covers all indemnification requir.ementt of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during . the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to anyone person and subject to the same limit for each person -, an amount not less than $ 500 , 000 on account of one accident , and automobile property damage insurance in an amount - not less than $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly. or indirectly employed by him, and• also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor' s work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor ' s insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 ( 6 ) City ,of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance , and/or bonding company. ' If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be 'vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or' agents shall be set forth- on all of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner ' s representative within seven ( 7 ) days after the close of each payroll period. A copy or copies- of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished. the Contractor. by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The n Contractor shall charge, delegate , or assign this office ( or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 ( 7 ) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area,, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project,' all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to* a local representative shall become part of the project Contract as though boun-d directly into .the project documents . The a intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requireinent is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit `of working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE : Venue of any action hereinunder 'shall be exclusively in Tarrant County, Texas. C3-3 (8 )