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Contract 29694
CITY CC'PJ T FACT Ily C-% Cls P<1)? CLt � i• :� 03-18-04PO4 :43 RCVD 1-35 Hyly To 'arp, Y/fsba �lF1Fi:Ef'tj�L`c V.Iti-r'EP �,R( JECTN<_> Pi61-06016;tl-4?100 DOE NO. 3748 A. DOUGLAS, RAL)FIVIIAKI,I?, P°.8., DER—FCTOF OF ENG aU-,,k L;J' i. .. ...,_ �R1.�. i.r+{..i,t`l..i..S.j�•' _ u l a� a�� 0)' :..,.,t ORIGINAI k 1 `h y�.•=,ems '�` ��T� RECD`JU6 ZOO` ADDENDUM NO. 1To 1 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR ......... ......... .........e ROBERT P.PALESCHIC v City of Fort Worth, 16" Waterline Along North Tarrant Parkway 2...............•.......••••••..•. Water Project No. P161-060161141100 ,�o;,,A 78206�:�,` D.O.E. No. 3748 ' i��'�.�/Sxi✓�` Bids Receipt Date: Thursday, July 3,2003 hhW% 0NA Addendum Issue Date: June 24, 2003 ,1 To: Prospective Bidders and Plan Holders This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original Contract Document and Plans. Acknowledge receipt of this Addendum in the space provided at top of next page, in the proposal page, and acknowledge receipt on the outer envelope of you bid. Failure to acknowledge could subject the bidder to disqualification. The plans and contract documents shall be modified as follows: CONSTRUCTION CONTRACT DOCUMENTS (SPECIFICATIONS) PART A—Minority and Women Business Enterprise Specifications and Forms. Delete in its entirety and replace with the attached revised specifications and forms. . PART B— PROPOSAL Replace proposal pages B-4, B-5, B-6, and B-8 with the attached B-4 ADD 1, B-5 ADD 1, B-6 ADD 1, and B-8 ADD 1. PART DA—ADDITIONAL SPECIAL CONDITIONS DA-74. Delete the last sentence and replace with the following sentences: " For this project, a bypass valve arrangement is not required for the 16" resilient-seated gate valve. The valve vault shall be provided as shown in the drawings. The valves shall be AWWA C509 Resilient Seal Gate Valves as follows: 1. Valve body: Cast iron with full round port opening and integrally cast guides; smooth valve bottom with no recessed areas; bonnet cover. 2. Gate: Rubber seal mechanically retained between two epoxy coated cast iron gate halves with 316 stainless steel fasteners. Stem: 316 stainless steel, independent of bronze stem nut. 3. Stem seals: Double O-ring, Buna-N protected by grit and dust cap. 4. Stem nut: Brass or bronze. 5. Nylon bushing and Teflon washer for friction protection. The valve shall be manufactured by Mueller, or approved equal." CONSTRUCTION CONTRACT DOCUMENTS (Plans). Plan sheet 6 of 21 at Station 23+00: Delete "(BY OTHER THAN OPEN CUT)" and replace with "(BY OPEN CUT)". All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum No. 1 should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge the receipt of this Addendum No.1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. ADDENDUM NO. 1 ACKNOWLEDGEMENT: By: �r` .C. ix4...- A. Douglas Rademaker, P.E. Title: Direct , Dept. of Engineering ^^ Address:szo s. Ave. P.o. 6.z V34 moons-f,04, Thorns Telephone: ��-I��,"1—D3�0 R' T ce, P.E. M n er, Consulting a cQ �`i` I U , g 9 r .. �1�R, ADDENDUM NO. 1 Page 1 of 1 011624 JUNE 24, 2003 JUL 1. 2003 11 : 14AM 817-735-6148 N0. 6538 P. 1/4�� ADDENDUM NO. 2 To SPECIFICATIONS AND CONTRACT DOCUMENTS FOR �... _ . ,................... HI. City of Fort Worth, 16" Waterline Along North Tarrant Parkway y..,.,...,,,......ROBERT P....,PALESCLESC,.:C Water Project No. P161-060161141100 ���' 78706 y D.O.E. No. 3748 y®`J�,e CIST6� 4.r Bids Bids Receipt Date: Thursday, July 10, 2003 t� �OAlA1.tc Addendum Issue Date: July 1, 2003 To: Prospective Bidders and Plan Holders 7- 1-o3 This Addendum No. 2 forms a part of the Contract Documents referenced below and modifies the Original Contract Document and Plans. Acknowledge receipt of this Addendum in the space provided at top of next page, in the proposal page, and acknowledge receipt on the outer envelope of you bid. Failure to acknowledge could subject the bidder to disqualification. The plans and contract documents shall be modified as follows: CONSTRUCTION CONTRACT DOCUMENTS (SPECIFICATIONS) PART A–NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS `• Delete the first paragraph and replace with the following: Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1.30 p.m., July 10, 2003 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. PART B– PROPOSAL Remove all references to PVC pipe and Alternative C in its entirety from the bid proposal. To clarify PVC pipe is not an approved pipe material for this project. Replace Proposal pages B-2 and B-3 with the attached B-2—ADD 2 and B-3—ADD 2. PART D–SPECIAL CONDITIONS Clarification to D-52.3: Minimum wall thickness of 30" steel casing is 1/2". Use 1/2" as specified in bid proposal. Casing shall be AWWA C-200 Fabricated Electrically Welded Steel Water Pipe, and shall conform to the provisions of E1-15, E1-5 and E1-9 in Material Specifications of General Contract Documents and Specifications for Water Department Projects. PART DA–ADDITIONAL SPECIAL CONDITIONS Remove DA-66 and DA-67 in its entirety. cl COPY DA-74(Addendum No.1) Replace the last sentence with the following: The valve shall be provided by a manufacturer as approved by the City of Fort Worth Water Department. CONSTRUCTION CONTRACT DOCUMENTS (Plans). Remove all references to PVC pipe. PVC pipe is not an approved pipe material for this project. Plan sheet 2 of 21: Delete Note No. 28 regarding construction survey and staking. Plan sheet 18 of 21 at Station 149+64.94: A 10" gate valve is required when tapping into a 10"water line. Install a 10" gate valve and Cast Iron Box and Lid. Plan sheet 19 of 21: In two places in the text box, replace 36" with 30". Remove the word "split"from all I notes in the TYPICAL CASING DETAIL and SECTION A-A. ADDENDUM NO. 2 page 1 of 2 011624 July 1, 2003 .ceived• 71,' 1 /00 11 :15AM; 8177356148 -� S J LOUIS CONST; Page 2 JUL. 1. 2003 11 : 14AM 817-735-6148 N0. 6538 P. 2/4 All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum No. 2 should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge the receipt of this Addendum No.2 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. ADDENDUM NO. 2 ACKNOWLEDGEMENT: By:_ A. Douglas Rademaker, P.E. Title: Dir or, Dept. of Engineering Address•57-n S �ve y f V 831 Telephone: k Trice, P.E. Manger, Consulting Services ADDENDUM NO. 2 page 2 of 2 011624 July 1, 2003 JUL. 9. 2,003 2: 15PM 817-735-6148 N0. 6594 P. 2/2 ADDENDUM NO. 3 To SPECIFICATIONS AND CONTRACT DOCUMENTS FOR City of Fort Worth, 16" Waterline Along North Tarrant Parkway Water Project No. P161-060161141100 D.O.E. No.3748 Bids Receipt Date: Thursday, July 17,2003 Addendum Issue Date: July 9, 2003 To: Prospective Bidders and Plan Holders This Addendum No. 3 forms a part of the Contract Documents referenced below and modifies the Original Contract Document and Plans_ Acknowledge receipt of this Addendum in the space provided below, in the proposal page, and acknowledge receipt on the outer envelope of you bid. Failure to acknowledge could subject the bidder to disqualification. The plans and contract documents shall be modified as follows: CONSTRUCTION CONTRACT DOCUMENTS (SPECIFICATIONS) PART A-NOTICE TO BIDDERS AND COMPREHENSIVE NOTICE TO BIDDERS Delete the first paragraph and replace with the following: Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., July 17,2003 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. APPENDIX A-CATHODIC PROTECTION A subsequent Addendum No.4 will be issued to clarify Cathodic Protection design. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum No. 3 should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge the receipt of this Addendum No.3 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. ADDENDUM NO. 3 ACKNOWLEDGEMENT: By: � L A. Douglas Rademaker, P.E. Title: G'�ti Director, Dept. of Engineering Address: 15ZE S. -td %,e . Telephone: 1717-471-0SZO Rick Trice, P.E. Manger, Consulting Services OF v a t••'Y �. .......................1 ROBERT P.PALESCA . 78706 ADDENDUM NO. 3 page 1 of 1 011624 July 9, 2003 ADDENDUM NO. 4 To SPECIFICATIONS AND CONTRACT DOCUMENTS FOR City of Fort Worth, 16" Waterline Along North Tarrant Parkway Water Project No. P161-060161141100 D.O.E. No. 3748 Bids Receipt Date: Thursday, July 17, 2003 Addendum �` Addendum Issue Date: July 11, 2003 To: Prospective Bidders and Plan Holders This Addendum No. 4 forms a part of the Contract Documents referenced below and modifies the Original Contract Document and Plans. Acknowledge receipt of this Addendum in the space provided below, in the proposal page, and acknowledge receipt on the outer envelope of you bid. Failure to acknowledge could subject the bidder to disqualification. The plans and contract documents shall be modified as follows: CONSTRUCTION CONTRACT DOCUMENTS (SPECIFICATIONS) PART B - PROPOSAL, PAGE B-2, Pay item No.1 (12" Water Pipe) Revise the quantity amount from "359 L.F." to "457 L.F." APPENDIX A- CATHODIC PROTECTION Delete Specification Sections 15640, 15641, and 15642 in their entirety and replace with attached Specification Sections 15640, 15641, and 15642 Addendum No. 4. Also replace Appendix G Drawings with the attached Appendix G Drawings Addendum No. 4. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum No. 4 should be included in the sealed envelope at the time of the bid submittal. Failure to acknowledge the receipt of this Addendum No.3 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. ADDENDUM NO. 4 ACKNOWLEDGEMENT: By: ,� l���2lLlu- A. Douglas Rademaker, P.E. Title: �'FiV �'AL ✓�!�/�� Director, Dept. of Engineering Address: 52o S. (o- ►9va . ,IP o. Ba)c $31� YVla.v�s'�rc►d} j-cfcas' 760(a3 By: •r Telephone: go-4-1-1-0320 Rick Trice, P.E. _em`Cmao�o���1 Manger, Consulting Services OF TF-�-�°�r * a 0 P ROBERT P. PALESCHIC ....................................� 78706 ���04 _ as v` ADDENDUM NO. 4 page 1 of 1 011624 July 11, 2003 R� ved: 7/1";/03 2:32PN., 8177356148 -> S J LOUIS CONST; Page 2 JUL. 15. 2c3 E 30PM 817-735-6148 " x. 6661 P. 2/6 ADDENDUM NO. 5 To SPECIFICATIONS AND CONTRACT DOCUMENTS FOR City of Fort Worth, 16" Waterline Along North Tarrant Parkway Water Project No, P161-060161141100 D.O.E. No. 3746 Bids Receipt Date: Thursday, July 17, 2003 Addendum Issue Date: July 15,2003 To: Prospective Bidders and Plan Holders This Addendum No. 5 forms a part of the Contract Documents referenced below and modifies the Original Contract Document and Plans. Acknowledge receipt of this Addendum in the space provided below, in the proposal page, and acknowledge receipt on the outer envelope of you bid. Failure to acknowledge could subject the bidder to disqualification. The plans and contract documents shall be modified as follows: CONSTRUCTION CONTRACT DOCUMENTS SPECIFICATIONS PART A-Special Instructions to Bidders (Water Department) Replace"Special Instruction to Bidders" in its entirety with the revised "Special Instructions to Bidders" attached with this Addendum (four pages). PART B- PROPOSAL Proposal Page B-3 -ADD 2 (Addendum No. 2 issued on July 1, 2003) Pay Item No. 15: Loading, Transportation, and Disposal of Contaminated Soil (if required) Correct the "DESCRIPTION OF ITEMS WITH BID PRICES WRITTEN IN WORDS"TO Dollars & Cents per Cubic Yards. All other provisions of the plans, general contract documents and specifications for this project, which are not expressly amended herein, shall remain in force. A signed copy of this Addendum No. 5 should be included in the sealed envelope at the time of the bid submittal, Failure to acknowledge the receipt of this Addendum No.5 could cause the subject bidder to be considered "NO-NRESPONSIVE", resulting in disqualification- T PSE O F 7'F ��� iI» M+0 is a 1 g• ROBERT P. PALESCHIC-� '� 706 ADDENDUM NO. 5 ACKNOWLEDGEMENT: / 8STER�r���'�FC/ d�� A. Douglas Rademaker, P.E. Title: '£ 'ex-) AM W AIP-- Direct , Dept. of Engineering Address: r5Z.0 la Ave,- - 1 1a,lsfie 7e s 4(0,3(6 Telephone: 9( 03/003/0 Ri rice, P.E. Manger, Consulting Services ADDENDUM NO. 5 Page 1 of 1 011624 July 15,2003 Received: 7/15/03 2:32PM; 8177356/48 ->- S J LOUIS CONST; Page 3 JUL. 15. 20A 2- 30PM 017-735-6148 ``!0 6661 P, 3/6 SPECIAL INSTRUCTIONS TO BIDDERS 1) pRE UALIFICATION REOUIREMENT� All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to subnutting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one (1)year old_ In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Port Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY- A cashier's check, or an acceptable bidder's bond, payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10) days after the contract has been awarded To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must(1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDSt A performance bond, a payment bond, and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 17- �' ADDENDUM NO. 5 Special Instructions Page 1 of 4 2 r r�'- 7/15/2003 06/04/03 , . Received: 7/15/03 2:32PM; 8177356148 -> S J LOUIS CONST; Page 4 JUL. 15. 20""3 2; 30PM 817-735-6148 NO, 6661, P. 4/6 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE., Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this stats,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 1 ADDENDUM NO.5 Special Instructions Page 2 of 4 7/15/2003 06/04/03 1 Received: 7/15/03 2:33PM; 8177356148 -> S J LOUIS CONST; Page 5 JUL. 15, 2003 2 31PM 817-735-6148 N0. 6661, P. 5/6 9. AGE: In accordance with the policy("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers, members, agents employees, program participants or subcontractors, while engaged in performing this contract,shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,program participants,or persons acting on their behalf, shall specify,in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. _5 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS_lvlyMAM ES: In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIlvIE CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTM FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-msponsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. ADDENDUM NO.5 Special Instructions Page 3 of 4 7/15/2003 06/04/03 1 R(-- elved: 7/15/03 2:33PM; 8177356148 S J LOUIS CONST; Page 6 JUL. 15. 20 3 2:31PM 817-735-6148 �M 6661,_ P. 6/6 12- FINAL PAYMENT,ACCEPTANCE ANDMLARRANTY. - -L - a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i) final quantities, or (ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable, 9. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. ADDENDUM NO.5 Special Instructions Page 4 of 4 7/15/2003 06/04/03 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR 16" WATERLINE ALONG NORTH TARRANT PARKWAY 1-35 Hwy To Park Vista Boulevard WATER PROJECT NO.:P161-060161141100 DOE NO. 3748 KENNETH BARR GARY W. JACKSON MAYOR CITY MANAGER A. DOUGLAS RADEMAKER,P.E.,DIRECTOR DEPARTMENT OF ENGINEERING APRIL 2003 -ccw ft' rimmSur a e 777 Main Street Fort Worth, Texas 76102 .... ..................... ROBERT P. PILESCH IC ... C&B Job No. - 011624.010.1.0001 ........... 78706 OISTIE TABLE OF CONTENTS 1. Part A- Notice to Bidders - Comprehensive Notice to Bidders - Special Instructions to Bidders (Water Department) - City of Fort Worth Minority/Women Business Enterprise Policy 2. Part B- Proposal 3. Part C -General Conditions (Water Department) 4. Part C1- Supplementary Conditions to Part C—General Conditions 5. Part D -Special Conditions 6. Part DA-Additional Special Conditions 7. Part E -Technical Specifications -City of Fort Worth Material (E-1) and Construction (E-2) Specifications (See latest revision from City, Not Included Herein) -Specifications—Water Department(Not Included Herein) 8. Vendor Compliance to State Law 9. Contractor Compliance with Worker's Compensation Law 10. Part F: Bonds and Insurance (City of Fort Worth) -Certificate of Insurance - Performance Bond - Payment Bond - Maintenance Bond 11. Part G - Contract (City of Fort Worth) 12. Appendix A— Cathodic Protection 13. Appendix B— Geotechnical Reports 14. Appendix C—Permits 15. Appendix D - Easements PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) M/WBE DOCUMENTS NOTICE TO BIDDERS Sealed proposals for the following: For: 16" WATERLINE ALONG NORTH TARRANT PARKWAY WATER DEPARTMENT PROJECT NO. P161-060161141100 DEPARTMENT OF ENGINEERING PROJECT NUMBER 3748 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m. 3. 2003 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. One set of plans and documents will be provided for a deposit of forty dollars $40.00. A pre-bid conference will be held on Thursday, June 19. 2003 at 10:30 AM, in the Transportation and Public Works Conference Room (Room 270) of the Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. The major work on the above referenced project shall consist of the following: • 15,237 linear feet of 16-inch waterline • 359 linear feet of 12-inch waterline • 69 linear feet of 8-inch waterline • 11 — 16-inch gate valve and vault • 3— 12-inch gate valve and cast iron box • 4— 1-inch combination valve and vault • 6—6-inch blowoff valve and vault • 328 cubic yards of rip-rap • 345 square yards of asphalt pavement Bidders shall not separate, detach or remove any portion or segment of sheets from the Contract Documents at any time. Bidders shall submit the complete specifications book or risk rejection of bid. For additional information, please contact Mr. Gopal Sahu, P.E., Project Manager at the City of Fort Worth, at(817)871-7949, or Mr. Robert Paleschic, P.E. Carter& Burgess, Inc. (817)735-6271. Advertising Dates: June 5, 2003 June 12, 2003 Fort Worth,Texas NTB-Page 1 COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the Following: 16" WATERLINE ALONG NORTH TARRANT PARKWAY WATER DEPARTMENT PROJECT NO. P161-060161141100 DEPARTMENT OF ENGINEERING PROJECT NUMBER 3748 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., July 3, 2003, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of 40.00; such deposit will be refunded if the documents are returned in good condition within 10 days after bids are opened. Additional sets may I�e purchased on a non-refundable basis for forty dollars ($40.00) per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held on Thursday, June 19. 2003 at 10:30 AM, in the Transportation and Public Works Room (Room 270) of the Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. The major work on the above referenced project shall consist of the following: • 15,237 linear feet of 16-inch waterline • 359 linear feet of 12-inch waterline • 69 linear feet of 8-inch waterline • 11 — 16-inch gate valve and vault • 3— 12-inch gate valve and cast iron box • 4— 1-inch combination valve and vault • 6—6-inch blowoff valve and vault • 328 cubic yards of rip-rap • 345 square yards of asphalt pavement All bidders will be required to comply with provision 5159 of "Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. cl— 'c: CNTB — Page 1 COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the Following: 16"WATERLINE ALONG NORTH TARRANT PARKWAY WATER DEPARTMENT PROJECT NO. P161-060161141100 DEPARTMENT OF ENGINEERING PROJECT NUMBER 3748 Addressed to Mr, Gary W. Jackson, City Manager of the City of Fort Worth, Texas will be received at the Purchasing Office until 1:30 p.m., July 3, 2003, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of documents will be provided to prospective bidders for a deposit of 40.00; such deposit will be refunded if the documents are returned in good condition within 10 days after bids are opened. Additional sets may b'e purchased on a non-refundable basis for forty dollars ($40.00) per set. These documents contain additional information for prospective bidders. A pre-bid conference will be held on Thursday, June 19, 2003 at 10:30 AM, in the Transportation and Public Works Room (Room 270) of the Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. The major work on the above referenced project shall consist of the following: • 15,237 linear feet of 16-inch waterline • 359 linear feet of 12-inch waterline • 69 linear feet of 8-inch waterline • 11 — 16-inch gate valve and vault • 3— 12-inch gate valve and cast iron box • 4— 1-inch combination valve and vault • 6—6-inch blowoff valve and vault • 328 cubic yards of rip-rap • 345 square yards of asphalt pavement All bidders will be required to comply with provision 5159 of "Vernon's Annotated Civil Statues" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. J a1 CNTB — Page 1 AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of the contract(s), if made, will be within ninety (90) days after opening of bids, but in no case will the award be made until all necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders shall not separate, detach or remove any portion, segment or sheets from the con-. tract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recom- mended that the bidder make a copy of the forms included in the Minority and Women Busk ness Enterprise section for submittal within the time-line stated below or the bidder may re- quest a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such re- ceipt shall be evidence that the .documentation was received by the City. Failure to comply shall render the bid non-responsive. For additional information, contact Mr. Gopal Sahu, P.E., Project Manager with the City of Fort Worth; at(817) 871-7949, or Mr. Robert Paleschic, P.E. at (817) 735-6271. - GARY-W: JACKSON GLORIA PE ARSON, - - CITY MANAGER CITY SECRETARY Department of Engineering A. 1glas Rademaker, P.E. Di ctor By: Advertising Dates: Manager, Consulting Services June 5, 2003 Rick Trice, P.E. June 12, 2003 CNTB — Page 2 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation:a current financial statement,an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7)calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience)are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%).percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S.Treasury List,or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 3. BONDS: A performance bond,a payment bond, and a maintenance bond each for one hundred(100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code,including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance No. 13471,as amended by Ordinance No. 13781,the City of Fort Worth has goals for the participation of Disadvantaged Enterprise 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 SUBCONTRACTOR UTILIZATION FORM,GOOD FAITH EFFORT AND SUBCONTRACTOR UTILIZATION FORM(if participation is less than stated goal),PRIME CONTRACTOTR WAIVER FORM and JOINT VENTURE FORM("Documentation")as appropriate and required(see Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS TO BIDDERS). The documentation must be received by the contracting department no later than 5:00 p.m.,five(5)business days after.the bid opening date, exclusive of the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting department to whom the delivery was made. Such receipt shall be evidence that the Documentation was received by the City. . 12. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal,State or local laws or ordinances relating to false statements. Further,any such misrepresentation facts(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. ATTACHMENT IA Page 1 of 4 ADD-1 6/24/03 FORT WORTH City of Fort Worth 07-23-03P] 2 : 49 i �Ddu Subcontractors/Suppliers Utilization Form Alternate A PRIME COMPANY NAME: Check applicable block to describe prime S•S. Lov,s of 7Exns L t,., Lia PROJECT NAME: M/W/DBE J( NON M/VV/DBE 16"WATERLINE ALONG NORTH TARRANT PARKWAY BID DATE Jv�y lam,Zoo?, City's MIWBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER DOE NO.3748 20%for Alternate A % -Alternate A WATER DEPART NO. P161-060161141100 Identify all subcontractors/suppliers you will use on this project t o on r�lete< t � �n ts�er�tlrety rt fa t yesfedtabcument M; and=received by th 6lia a a Depaet onrnefor-A �m 'ftv��b)_City buslneY days affer bid opntrtc,_exefusve uld Qpl;r�__af til Ie� u��#�e cothe tnon rspr� ivta �d spelfrcaios T#1eunt€�n _ rr_Ees tenter Intim_ farrkia }reeme�t snrrtEa the�, 1H �'it �Ilsted in-=thi _ uttl�2-a#®n�c�e��er �ldttrdried upon-execufrOlrof a:contr�f with the �I#y o#��t�V�f_ortf�.='The�-mtentional r�l�r�cnovlttn�r��s��r�esenfatlon of-facts;=is�ro�3�s_Tor�o��er�t�n o�dlsqu�T�i�atlo�rad wilt �esultin the=_ MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. den 'iea r Ie� l 'Fte �`sh7 feV�lt�confra�c�{nbfow the prime c© tactor, re �treet =� �ay�en�rox�e-prin�€�-contr�c��o a-sub�atractor Is cc�nsiderecL-1st tle�Ta p�jr�lenf#�y��a�``e�ntractatto ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency(NCTRCA), or the Texas Department of Transportation (TX DOT), highway division, ull�ng s ; h)4�prlm&vflf be giver credit as 1oti gs the NV8E]shed oV aid operates at_leasloe ( licised_and operatlonafTrukto be used=orrth�aeonfracf Tkle�71/1 /B�may lease rrTckc_#rom.:a[�ather M, ltrii�ricfti ing I1d7WBC- er operafors=, and.recely fulf hM(13E=cr�d�f The= BE-M'yleas trticrorrror1/WBsrtcludmg owner=operators but wllLonl!ecel_e-credltfor the eend ccmmiion the l Cl1J � -out6nacirl tie adi n _ Rev.5/21/03 FORT WORTH 0 -2 3-0 3 P 12 4 9 R C 'ATTACHMENT 1A Page 2 of 4 ADD-1 6/24/03 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification _ (check one) SUBCONTRACTORISUPPLIER T WE Company Name i N T Detail Detail Address e M W C X Subcontracting Work Supplies Purchased Dollar Amount D Telephone/Fax r B B T T O E E C T A S M MATEeIA�S INS ATT,J : SJbj �120wn! k). ►3ox ycl t9 0° A�,)oRD,T>;XAs �tyZZS RockSA►.>>) 31�,OM. $off-gSc�-��33 CwocTaw �PE ��y�. JALJE.1, � �A\_)cTS r.1; LORA SpH�JSo�1 Mis— RTT%wS S �'�ZIS CHAM��oNSHI� La. �( x' STEEL- CA•Sl". iExAs -7-70bcl MI"C Arcs. ZV-!�-S-75-9003 A41 Sc St)rJS'�t TizAr�S��TATwni CLT?n1: 'E`���� Pi�s:xAr�l�R 00 I0•0. (Ox 1%SOS z CEMENT SANS -I,CC�O. r-I, vjo?- , 1 GRAS 7uj%I $17-969-1� S Rev. 5/21/03 ATTACHMENT 1A Page 3 of 4 ADD-1 FORTWO�RTH 0 7—2 3—0 3 P 1 ? : 4 n C`,, , 6/24/03 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification 4F (check one) SUBCONTRACTOR/SUPPLIER T Company Name i N T r Detail Detail Address e M W C X F"V. Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r E E T R 0 ;- C T WM- A Rev.5/21/03 ATTACHMENT 1A FORT��l ORTH /- 3- 3 I ? ; Page 4 of 46 D 03 00 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS The Contr etor�nc! not wake a iii#lorrs, deCetlons or�l?Tst�tutiorts to this certlfled-llst without fhe prior approval =of the llmaritd Womerr Business En_ prise Offlde f�TnagerT'or desrgneehrah the �ub7ttfalQf�a Requs for-�4�ra►� TQ �harie/AIdltronr Arta[rttfied chane�r�fele#tonhall becriaeach d -eQrltra� t�tay�esuft in dei�ar�l�r��-�n_�ecor�c- vvlth�irr��-�du flm.e�t�r�th�r�ii�netz 1'�ie--co� t�or _h- By ha11 �_u�mlfi���a�led explartatlort ow�he�e�sted�han�ela�dn_o�d�T�#�ob-w+��f -#he eorrfniltted _ goal,- af�e de�all=expianat�ao_�__srzb�irtli�-�ui1(= the flea �ci�e�ermt�iot-ice_ :__ .1V17WBf By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/VV/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. we 1 A, ��1�1� IJ�CIfER50rJ Authorized Signature /- Printed Signature SQ. 1 t2o�EcT l�laartgFe ,SEc�erAe��Tv�AS�RCQ Amar I vr�sFo;cl Title Contact Name/Title(if different) S.T. LoviS CONSTRIJCIIWQ OF IEXAS LTD. L-LP �l -g1�-o32o /OSSZ FAX Company Name Telephone and/or Fax SZO S. �9 AJENVE S. Corn Address E-mail Address MAOSFiEu6, --)L POU-15 7-o Z3F7o03 City/State/Zip Date Rev.5/21/03 Part B - PROPOSAL (This Proposal must not be removed from this book of Contract Documents) TO: Mr. Gary W. Jackson Fort Worth, Texas City Manager June 2003 City of Fort Worth, Texas FOR: The furnishing of all materials, except materials specified to be furnished by the City, equipment and labor for the installation of a 16 Inch Water Line and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: 16"WATERLINE ALONG NORTH TARRANT PARKWAY DOE No. 3748 Water Project No. P161-060161141100 l Pursuant to the foregoing "Notice to Bidders," the undersigned bidder, having thoroughly examined the contract documents, including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material necessary to fully complete the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items): .... ilk ... .. Job No.011624 B- 1 Received: 7/ 1 /03 11 :16AM; 8177356148 -> S J LOUIS CONST; Page 3 JUL. 1. 200? 11 - 1�,AM 817-735-6148 N0,.6538 P. 3/4 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID BASE BID L.F. 12"Water Pipe, 457 LF 1. U4�v �V.) ISI iRry EH r Dollars & 11 �, m 1 10 Cents per Linear Foot $ 3'9 69 L.F. 8"Water Pipe, 2. ��aE Dollars & IJo Cents per Linear Foot $ gq (D,I y)•m 10 EA. 16"Gate Valve and Vault 3. E��tT 11 �aysAa� Dollars & KJ' Cents per Each $ 3 EA. 12" Gate Valve and Cast Iron Box and Lid 4. ONE 1 +ovsa�, Crje g\)ome�s Dollars & 0o eo 00 Cents per Each $),ICD• f3, O. 1 EA. 8"Gate Valve& Cast Iron Box and Lid 5. 51 x 4�3beE6 Dollars & Cents per Each $ bm. 1 EA 10" Gate Valve& Cast Iron Box and Lid ONE �v4tAE6 F_\!4 Dollars & 00 _ iJo Cents per Each I $ Z,I S � _b.' Z, I Sa 4 EA. Install 1"Combination Air & Vacuum Release Valve &Vault 7. rr' 'f t�1 11005446 0,X N1N&'26� Dollars & NO Cents per Each $ ,too.� 1ls,�I00. 6 EA, Install 6"Blow-Off w/61nch Gate Valve and Sump Manhole 8. � �( f' r_ Rw_sAM-b�� RQQWC-D �Fr,. Dollars & No Cents per Each $ Job No.011624 B-2—ADD 2 7/1/2003 Received: 7/ 1 /03 11 : 16AM; 8177356148 -> S J LOUIS CONST; Page 4 JUL. 1. 2003 11 : 16AM 817-735-6148 NU, 6538 • P. 4/4 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 345 SY Permanent Asphalt Pavement Repair g, FORT/ Dollars & QO Cents per Linear Foot $ `7 6.°D 13,t600.S 14,215 L.F. Trench Safety System 10. NO Dollars & is ov)e Cents per Linear Foot 328 C.Y. Rock Rip Rap, 15"-8",2' Deep 11. SI)eT- L )-wo Dollars & m N\,O Cents per Cubic Yard $ C95: Z 1,320. 18,378 S.Y. Hydromulch Seeding 12 N0 Dollars& Rip- Cents per Square Yard zS So 1 L.S Storm Water Pollution Prevention Plan (SWPPP)and Erosion Control Plan 13. �t� I NOJ5An1g Dollars & ao 00 NJo Cents per Lump Sum $ 10,000-- 100 0,000.100 L.F. Handling of potentially petroleum contaminated material (if required) 14. j f: Dollars & o0 tvo Cents per Linear Foot Sc). - 370 C.Y. Loading,Transportation, and Disposal of Contaminated soil (if required) 15. 4- 1 T6E� Dollars & do C0blL T Cents per S wnfe Yard 1 s TOTAL BASE BID $ Z l l `6b D �� V Job No.011624 B-3—ADD 2 7/1/2003 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID ALTERNATIVE A 1. 13,027 L.F. 16" Bar Wrapped Concrete Cylinder Water Pipe including Cathodic Protection FiF--,i �2)u2 Dollars & �t F LZ Cents per Linear Foot $ -709,9-'�1. 2. 820 L.F. 16" Bar Wrapped Concrete Cylinder Water Pipe by Open Cut including 30"Steel Casing (Min. %2'wall thickness) and Cathodic Protection D►JE HurjD►iE,� IES Dollars & Cents per Linear Foot $ � 3. 1390 L.F 16" Bar Wrapped Concrete Cylinder Water Pipe by Boring and Jacking including 30" Steel Casing (Min. %"wall thickness)and Cathodic Protection I dWN2-ED Six r,/ f��C Dollars & �0 Cents per Linear Foot $ Zl��� 3t94�,350 4. 1 L.S Concrete Pressure Pipe Fittings r t Fr I NoJSAN t, Dollars & IVo Cents per Lump Sum W TOTAL ALTERNATIVE A $ Z I`6, Sz 1 . sd Job No. 011624 B-4-ADD1 6/24/2003 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID ALTERNATIVE B 1. 13,027 L.F. 16" Ductile Iron Water Pipe Class 51 including Cathodic Protection S! XT/ Dollars & Cents per Linear Foot $ �J. so �4StS,l33 so 2. 820 L.F. 16" Ductile Iron Class 51 Water Pipe by Open Cut including 30"Steel Casing (Min. %2'wall thickness)and Cathodic Protection ONE 4466-E6 )wGm] Dollars & Cents per Linear Foot $ 3. 1390 L.F. 16" Ductile Iron Class 51 Water Pipe by Boring and Jacking including 30" Steel Casing (Min. %2"wall thickness)and Cathodic Protection Iwo 4v,4N>-eN Dollars & Cents per Linear Foot 4. 10 Ton Cast Iron/Ductile Iron Fittings C%t�it Dollars & x o0 Cents per Ton $ TOTAL ALTERNATIVE B $ Z q,79 3. Job No.011624 B-5—ADD1 6/24/2003 /f. (21 P APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITE QUANTITY PRICES WRITTEN IN WORDS PRICE BID ALTERNA IVE C 1. 13,0'2�7 L.F. 16" PVC C-905 Water Pipe Dollars & Cents per Linear Foot $ 2. 820 L.F. 16""-RVC C-905 Water Pipe by Open Cut with 30"!nsing (Min. %2"wall thickness) Dollars & Cents per Linear Foot $ 3. 1390 L.F. 16" PVC C-905 Water Ape by Boring and Jacking with 30"Steel Ca 'ng(Min. %2"wall thickness) Ilars & Cents per Linea Foot $ 4. 10 Ton Cast Iron/Ductile Iron Fittings e Dollars & �• Cents per Ton $ `- TOTAL SECTION C $ n , t(iv Job No.011624 B-6—ADD1 6/24/2003 LIST OF DUCTILE IRON FITING FOR WATER LINE No. of Type of Weight Per Total Weight Fittings Size of Fitting Fitting Fitting (lbs.) (lbs.) 3 16-inch Plug 150 450 6 16-inch 450 Bend 380 2280 6 16-inch x 6-inch Tee 615 3690 6 16-inch x 12-inch Tee 660 3960 2 12-inch Plug 150 300 1 16-inch x 12-inch Cross 685 685 - 1 16-inch x 16-inch Cross 895 895 10 16-inch Nonstandard 385 3850 Bend 2 16-inch 22.5° Bend 385 770 2 12-inch 900 Bend 255 510 3 84-inch Valve 55 165 Extension 3 5.25-inch Drop Lid 13 39 1 16-inch x 8-inch Tee 625 625 1 16-inch x 10-inch Reducer 300 300 Total Weight= 18519 lbs. (9.3 Tons) Job No.011624 B-7 CITY APPROVED PRODUCTS The following table shall be used to indicate 12" and 8" pipe used for this project Standard Spec No. Size E1 -06 3"through 24" _ E1 -24 4"through 12" Consult with "City of Fort Worth, Texas Standard Product List"to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products or methods listed above will be allowed for use in this project. Any substitution shall result in rejection of bid as non-responsive. Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. d 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 the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order and to complete the contract within 180 CALENDAR DAYS after beginning construction as set forth in the written order to be furnished by the owner. All work for this project shall be done in three phases as shown in the plans. CONSTRUCTION PHASES AND COMPLETION DATES: The 16"water line along North Tarrant Parkway is divided into three phases as follows: Phase Station A 0+10.00 to 16+82.63 B 16+82.63 to 62+85.00 C 62+85.00 to 147+81.00 The Contractor will be allowed to work in all phases simultaneously. Phase A shall be completed within 60 CALENDAR DAYS after beginning construction as set forth in written work order to be furnished by the Owner. If Phase A of this project is not completed within the allotted time, LIQUIDATED DAMAGES of $1500 PER DAY shall be assessed. Phase B shall be completed within 120 CALENDAR DAYS after beginning construction. If Phase B is not completed within the allotted time, LIQUIDATED DAMAGES of $1500 PER DAY shall be assessed. The entire project (Phases A, B, and C) shall be completed within 180 CALENDAR DAYS after beginning construction. If the entire project is not completed within the allotted time, LIQUIDATED DAMAGES of$1500 PER DAY shall be assessed. Liquidated damages for each phase are cumulative. Job No.011624 B-8—ADD1 6/25/2003 (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. 4-13. The principal place of business of our company or our parent company or majority owner is in the State of Texas. I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (initials) j(�_ Addendum No. 3 (Initials) Addendum No. 2 (Initials)_ Addendum No. 4 (Initials) j Respectfully submitted, By: l-Y." Title Address 5Zo SV0- PA g� (Seal) GVrU#lP� I �2CG1S �lL�Q3 Date: -T-tn 3, 2003 Telephone: L1—q1 L©3DQD Job No.011624 B-9 BID SUMMARY Total Base Bid $ Z)I OSLO 3. �s Alternative A(Bar Wrapped Concrete Cylinder) $ ; ZIP Szt ro Alternative B (Ductile Iron) $ I,Z�`�,�g3•s' Alternative C (PVC 905 Pipe) $ /bark/ Total Bid 1 (Alternative A+ Base Bid) $ Total Bid 2 (Alternative B + Base Bid) $ $O1�s ✓ Total Bid 3 (Alternative C + Base Bid) $ e A Job No. 011624 B- 10 PART C GENERAL CONDITIONS i PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 l TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders Cl-1 (2) C1-1.4 Proposal Cl-1 (2) C1-1.5 Bidder Cl-1 (2) C1-1.6 General Conditions Cl-1 (2) C1-1.7 Special Conditions Cl-1 (2) C1-1.8 Specifications C1-1 (2) 1 C1-1.9 Bond C1-1 (2) 1 C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) I C1-1.13 City Council Cl-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works Cl-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday Cl-1 (4) C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order Cl-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 Cl-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street Cl-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) , I (1) C2-2. 7 Delivery of Proposal C2-2 (4 ) C2-2. 8 Withdrawing Proposals C2-2 (4 ) C2-2. 9 Telegraphic Modification of Proposals C2-2 (4) �.. C2-2. 10 Public Opening of Proposal C2-2 (4 ) C2-2. 11 Irregular Proposals C2-2 (4 ) C2-2. 12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3. 1 Consideration of Proposals C3-3 (1) C3-3. 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3. 3 Equal Employment Provisions C3-3 (1) C3-3. 4 Withdrawal of Proposals C3-3 (2) C3-3. 5 Award of Contract C3-3 (2) C3-3.6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4) C3-3.9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) CS-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5 .17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 (9) (2) 1 C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 ' Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6. 3 Patented Devices, Materials and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6. 9 Use 'of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8) C6-6.12 Contractor 's Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor's Claim for- Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, -etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) I C6-6.16 Arrangement and Charges of Water Furnished by *City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights -C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) I 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) 1 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) f • I (3) C8-8. 3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2 ) C8-8.6 Withholding Payment C8-8 (3 ) C8-8.7 Final Acceptance C8-8 (3 ) C8-8.8 Final Payment C8-8 (3 ) C8-8.9 Adquacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4 ) C8-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5) (4) 1 PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION Cl-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents. the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. Ja. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow -. (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue { PART F - BONDS (Sample) White f PART G - CONTRACT (Sample) White I 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 I PART B - PROPOSAL (Bid) J 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) I L% C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1. 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which .the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER: Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1. 6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes,- and requirements of the City of Fort Worth' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1-1 . 7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1. 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes , etc. , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or . security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: a. -Performance Bond (see paragraph C3-3.7 ) b. Payment Bond (see paragraph C3-3.7) C, Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) I 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 there rom 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 i to clarify other drawings or for the purpose of showing 1 changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY: The City of Fort Worth, Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR : The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. ` C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized I representative. I Cl-1 (3) I 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 Corpor4te bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the' Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT:, The completed work contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials , tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7 ) hours between 7: 00 a .m. and 6: 00 p.m. , with exceptions as permitted in paragraph C7-7 .6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: Cl-1 (4) i 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 f . 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is -declared by the City Council , falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations. Employees I working calendar day operations will consider the calendar holiday as the holiday. I 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 I ASTM - American Society- of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D. - Outside Diameter I Asph. _ Asphalt Elev.- Elevation Ave. Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI _ Cast Iron In. - Inch CL Center Line Ft. - Foot GI - Galvanized Iron St. - Street , I Lin. _ Linear or Lineal CY - Cubic Yard lb. Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron I C1-1 (5) , I 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, roadway or other sur ace 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 . (41 ) feet back of the average edge of pavement where no curb exists. C1-1. 32 GRAVEL STREET: A gravel street is any unpaved street to which has been a e 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) 1 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 l contract. The Owner will furnish forms for the Bidder ' s f "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 1 to the hour for opening of bids. -. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more .than one ( 1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper -verification. Liquid assets in the amount of ten (10%) percent of the - estimated project cost will be required. lFor 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 I 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 Iadditional 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(l) I 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 madeto 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 vis4t 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) l • 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 r Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state- the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. I If a proposal is submitted by an individual, his or her name I must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association , or partnership, or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for , conditional or uncalled for alternate bids, incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of 1 proposal shall be returned to the Bidder unopened. C2-2. 6 BID • SECURITY: No proposal will be considered unless it I is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal. " The Bid Security is required by the Owner as ` evidence of good faith on the part of the Bidder, and by way }I 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 I the three lowest bidders will be retained until the contract J 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 ) f C2-2. 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2. 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing, addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no -"Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2.11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" i 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) f Owner reserves the right to waive any and all irregularities I and to make the award of the contract to the best interest of I the City. Tendering 'a proposal after the closing hour is an l irregularity which cannot be waived. I C2- 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and .their proposals not considered for any of , 1 but not limited to, the following reason: I a. Reasons for believing that collusion exists among bidders. C b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. c. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an I 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 -,y:, 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 I following: J 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one . under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the 1 Engineer, is disqualified under the requirements stated J herein, shall be set aside and not opened. I C2-2(5) l i l PART C - GENERAL CONDITIONS I C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of' the quoted prices , the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 1 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 l ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements; further , any such misrepresentation may be grounds for } disqualification of Contractor at Owner ' s discretion for I bidding on future Contracts with the Owner for a period of l time of not less than six (6) months. I C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request, will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer, C3-3 . 4 WITHDRAWAL OF PROPOSALS: After a proposal has been read y t e Owner it cannot be withdrawn by the Bidder within forty-five ( 45) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the . proposed awardee. The award of the contract, if an award is made, will. be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 .6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposalsecurity which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of- the bids, after which they will be returned by the City Secretary. C3-3 .7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file- with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of- the amount of the contract, as evidenced by the . proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the 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) 1 bond shall guarantee the payment for all labor , C 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, n an amount not less than 100 percent of the amount of the contract , as evidenced by the I proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959, effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. ! No sureties will be accepted by the Owner which are at the ! time in default or delinquent on any bonds or which are interested- in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner . In order to be acceptable, the name of the surety I shall be included on the current U. S . Treasury list of acceptable sureties, and the amount ofbond 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 I at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall imm d ��. a „Qv e a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required. in the Contract Documents. No contract . shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond orbonds 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 l 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. 1 b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life o-f 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 4 damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by 1 additional endorsement to one of thie 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 Y 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. C3-3 (5) 5. Builder's risk (where above-ground structures are involved) . 6. Contractual Liability ( covers all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs. shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the 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) I 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 o 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 they Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership, company , firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be t 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, I thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project,,' all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into .the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion_, stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE : Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) I r PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract .Documents to provide for a complete, useful project which - the Contractor undertakes to construct or furnish , all in full compliance with the I requirements and intent of the Contract Documents. It is ` definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in j these Contract Documents, furnish all labor, tools, materials, machinery, equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional N proposed work which is not covered by these .Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4. 3 INCREASED OR DECREASED UANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as 1 C4-4 (1) t% waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes -in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4. 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a - whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4. 5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons . for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or' more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates ; ( 3 ) materials entering permanently into the project, and (4 ) - actual cost of insurance , bonds , and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1) , ( 2) , ( 3 ) , and ( 4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2 ) suggested by the Owner and' shall give the Owner access to all accounts , bills , vouchers , and records relating to the Extra Work. No ".Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless E ordered in writing by the Owner . In case any orders or instructions, either oral or written, appear , to the Contractor to involve Extra Work for which he should receive compensation, he shall make writtgn request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Shouldd -a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor, shall file his claim with the Owner within. five ( 5 ) days before the time for making the first estimate after such work II is done and unless the claim is supported by satisfactory 1; vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents . as may be necessary to enable the Owner to prepare for f permanent record a corrected set of plans showing the actual installation. The compensation - agreed upon for 'extra work' whether or not iniitiated by a 'change order ' shall be a full , complete and final payment for all costs Contractor incurs as a result or relating to- the change or extra work, whether said costs are !\ known, unknown, foreseen or unforeseen at that time, including l without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4 .6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof, a "Schedule .of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the L contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There E C4-4 (3) I . shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints -shall be furnished to the Owner. C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10 ) days prior to submission o first monthly progress payment , the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints , sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (1.4 ) days and construction values not to exceed $50 , 000 . Fabrication , delivery and submittal activities are exceptions to this - guideline. C4-4 (4) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the f construction schedule. l e. ' Float time is defined as the amount of time between the earliest start date and the latest f start date of a chain of activities of the CPM construction schedule. Float time is not for the .exclusive use or benefit of either the Contractor or the Owner. f. Thirty -days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided .into general categories as indicated in the Proposal and r Technical Specifications and each general category shall be ! broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. ` 3. Shop fabrication and delivery. C4. Erection or installation. 5. Transmittal of manufacturer ' s operation and maintenance instructions. ` 6. Installed equipment and materials testing. L7. Owner's operator instruction (if applicable) . 8. Final inspection. C4-4 (5) 9 . Operational testing. 10. Final inspection. If , in the opinion of the Owner, work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress. In addition, the Owner• may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force, the construction plant and equipment , the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) C PART C -. GENERAL CONDITIONS G C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5. 1 AUTHORITY .OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed, rate of progress of the work, overall sequence of the construction," interpretation of the t Contract Documents, acceptable fulfillment of the -contract,. I compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may 1 arise. Engineer will not be responsible for Contractor ' s means, methods , techniques , sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor ' s failure to perform the work in accordance with the contract f documents. } He shall determine the amount and quality of the work completed and materials furnished , and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary ` decisions and orders as the Contractor fails to carry out 1 promptly. In the event of any dispute between the Engineer and f Contractor over the decision of the Engineer on any such matters , the Engineer must, within a reasonable time, upon r written request of the Contractor, render and deliver to both 1 the Owner and Contractor, a written decision on the matter in controversy. C5-5. 2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines , grades , cross-sections , finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by IChange Order. C5-5 (1) y 1.. :'1:U l Li l C5-5 . 3 COORDINATION OF CONTRACT DOCUMENTS: The Contract Documents are made up of several sections , which , taken together, are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies , figured dimension shall govern over scaled dimensions , plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal. The Contractor shall not take advantage of any apparent error or omission in the. Contract Documents , and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, his inspector , and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper. performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent , English-speaking superintendent and an assistant who are fully authorized to act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor ' s agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) V adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the I project routing. ` The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency r exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or t Engineer to alleviate the emergency condition . Such a j response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. fShould the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans, the Engineer shall give the Contractor written notice that such work or changes are to be performed. The-written notice shall direct attention to the C discrepant condition and request the Contractor to take 'J remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this I written request, or does not show just cause for not taking the proper action, within 24 hours , the City may -take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such lremedial action, plus 25$, from any funds due the Contractor on the project. [ C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer, if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed , well heated , air conditioned, lighted, and weather-proof , so that documents will not be damaged by the felements. Y C5-5 .7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines , grades , and f measurements necessary to the proper prosecution and control j of the work contracted for under these Contract Documents , and lines, grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. I f C5-5 (3 ) f