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Contract 32887
O1TY SECRETARY CONTRACT NO. CITY OF FORT WORTH, TEXAS -4-J MTY SECRETARY � NORTHSIDE II 48 Inch Water D.O.E. FILE Main Extension Unit 5B --I r NTRA� TS BUN CC" Unit 5B -Future Basswood Boulevard to Heritage Trace Parkway Water Project No.: P 264-0602140023087 DOE No.: 5066 �..� City Project No.00230 V Cd September 2005 Y V Robert D.Goode,P.E. A.Douglas Rademaker,P.E. S.Frank Crumb,P.E. Director Director Acting Director 08 Transportation&Public Works Department of Engineering Water Department PREPARED BY: r...� cm ip I -;s7o! T�1 V X GFU(M N:WUJWS 1 / IN ASSOCIATION WITH: • X �...i %�� 82794 LOPEZGARCIA Group,Inc. r�lO .'91cp�gTE *-G V CORRPRO Companies,Inc. V CITY OF FART WORTH NORTHSIDE II WATER MAIN EXTENSION Unit 5B Future Basswood Boulevard to Heritage Trace Parkway ^'•City Project Number: 00230,Water Project No.P264-0602140023087,DOE No.5066 ADDENDUM NO.1 October 20,2005 Bidders are hereby informed of the following changes to the plans, specifications and contract documents for the project. Bidders must acknowledge receipt of this Addendum below and on the Proposal—Pari B. I. PROJECT MANUAL REVISIONS PART A—NOTICE TO BIDDERS Notice to Bidders: Change bid opening date to November 3,2005 Detailed Notice to Bidders: Change bid opening date to November 3,2005 PART B—PROPOSAL Z) MIWBE SPECIFICATIONS, a. SPECIAL INSTRUCTIONS FOR BIDDERS, Insert the attached Special Instructions for Bidders. b. Good Faith Effort Form,Attachment 1C,Page lof 3 Insert"19%"in the Project Goals Section.Change bid opening date to November 3,2005 c. Prime Contractor Waiver Form,Attachment 1B,Page lof 1 Insert"19%"in the Project Goals Section.Change bid opening date to November 3,2005 d. Subcontractors/Suppliers Utilization Form,Attachment 1A,Page lof 5 Insert"19%"in the Project Goals Section.Change bid opening date to November 3,2005 II. DRAWING REVISIONS 1) SHEET C5B-28 through C5B-31B,utilities are currently being installed within Presidio Village. Change "Future"to"Existing"at the following stations;43+89.45,44+05.81,44+27.02,53+14.47, 54+58.86,54+87.95, 56+28.57, 62+87.28,and 66+52.57. SCHEDULED BID DATE: November 3,2005 DATE ADDENDUM ISSUED: October 20,2005 RECEIPT ACKNOWLEDGED: DEPARTMENT OF ENGINEERING By: /0 A F( 1&.Rick Trice,P.E. Title: Assistant Director �"IFFI1111i"U WORD ADDENDUM.NO1 '` '; G i <'pp G- by CITY OF FORT WORTH NORTHSIDE II WATER MAIN EXTENSION - Unit 5B Future Basswood Boulevard to Heritage Trace Parkway City Project Number: 00230,Water Project No.P264-0602140023087,DOE No.5066 ADDENDUM NO.2 October 31,2005 Bidders are hereby informed of the following changes to the plans,specifications and contract documents for the project. Bidders must acknowledge receipt of this Addendum below and on the Proposal—Patt B. T I. PROJECT MANUAL REVISIONS PART B—PROPOSAL 1) Remove the PROPOSAL and replace with attached PROPOSAL. PART E—SPECIFICATIONS SECTION 02616 BURIED DUCTILE IRON PIPE AND FITTINGS, PART 3, SECTION 3.08 add the following paragraph B. i B. Hydrostatic and Leakage Tests 1. Furnish all necessary equipment and labor for conducting a pressure test on the pipelines. The procedures and method for conducting the pressure tests shall be approved by the Engineer. 2. Make any taps and famish all necessary caps,plugs,bulkheads,etc.,as required in conjunction with testing portions of the pipe. Furnish test pumps,gauges,meters and any other equipment required in conjunction with conducting the tests. _. 3. All pipelines shall be subjected to a hydrostatic pressure of 50 percent above the design pressure at the lowest point of the section being tested and this pressure maintained for at least one hour. The amount of leakage that will be permitted shall be in accordance with AWWA C600. 4. Lines,which fail to meet the requirements of the test, shall be repaired and retested as necessary until test requirements are met. Defective materials,pipes,valves,and accessories shall be removed and replaced. 5. The Owner will supply at no cost to the Contractor a maximum quantity of water for testing purposes equal to 110 percent of the volume of the pipeline. The Contractor shall furnish and install the necessary connections, which may be required to transport the water to the pipe being tested. Additional water required will be provided at the Owner's standard rates for the volume required. II. DRAWING REVISIONS 1) Remove the following sheets and replace with revised sheets attached; C5B-11A,C5B-11B,C5B-14, C5B-15, C5B-17,C5B-21,C5B-24,C5B-25, C5B-26, C5B-27,C5B-28,C5B-29,C5B-30, and C5B-31B. SCHEDULED BID DATE: November 3,2005 DATE ADDENDUM ISSUED: October 31,2005 RECEIPT ACKNOWLEDGED: DEPARTMENT OF ENGINEERING By: Mr.Rick Trice,P.E. Title: ~_ _ s _ Assistant Director c. p1 ^o; GOO k y v' J�� b,� N v" �;7 "I Qf!F r ADDENDUM.NO 2 r CITY OF FORT WORTH NORTHSIDE H 48-INCH WATER MAIN EXTENSION Unit 5B—Future Basswood Boulevard to Heritage Trace Parkway SPECIFICATIONS TABLE OF CONTENTS PART A NOTICE TO BIDDERS Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders PART B PROPOSAL Minority and Women Business Enterprise Bid Specifications Good Faith Effort Form Joint Venture Eligibility Form Prime Contractor Waiver Form Subcontractors/Suppliers Utilization Form Proposal Proposal Summary PART C GENERAL CONDITIONS PART C1 SUPPLEMENTARY CONDITIONS (TO PART C) PART D SPECIAL CONDITIONS PART DA ADDITIONAL SPECIAL CONDITIONS PART E SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS Not Used DIVISION 2 SITEWORK 02221 Trenching,Backfilling and Compaction m 02613 Buried Concrete Pressure Pipe and Fittings 02616 Buried Ductile Iron Pipe and Fittings 02617 Buried Steel Pipe and Fittings T TOC-1 09127/05 !All City of Fort Worth NSII 48-Inch Water Main Extension Unit 5B—Future Basswood Boulevard to Heritage Trace Parkway DIVISION 15 MECHANICAL 15100 Installation of Butterfly Valves (Owner Furnished) Butterfly Valve Specification Butterfly Valve Shop Drawing 15640 Joint Bonding and Electrical Isolation 15641 Corrosion Control Test Stations 15642 Magnesium Anode Cathodic Protection System PART F BONDS Certificate of Insurance Contractor's Compliance with Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond PART G CONTRACT Contract PART H APPENDIX-STANDARD FIGURES &DETAILS PART I APPENDIX—EASEMENTS AND PERMITS NS34655TOC TOC-2 10/04/05 -PART A- NOTICE TO BIDDERS NOTICE TO BIDDERS Sealed proposals for the following FOR: NORTHSIDE II 48-INCH WATER MAIN EXTENSION, UNIT 513 FORT WORTH,TEXAS UNIT 513—FUTURE BASSWOOD BOULEVARD TO HERITAGE TRACE PARKWAY Water Project No.:P264-0602140023087, DOE No. 5066, City Project No. 00230 18,630 LF 48-inch Waterline, Installation of 4 48-Inch Butterfly Valves and Vaults, Cathodic Protection System and 700 LF of Bored Casing Addressed to Mr. Charles R. Boswell, City Manager forlhe City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 PM,Thursday, October 27,2005 and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. Contract Documents, including Plans and Specifications, may be obtained at the office of the Department of Engineering, Municipal Office Building,.,'(000 Throckmorton Street, Fort Worth, Texas, - for a non-refundable fee of sixty dollars ($60.00) per..set. Additional sets may be purchased on a nonrefundable basis for sixty dollars ($60.00)per set. ; A pre-bid conference will be held on Wednesday, October 12,2005 beginning at 2:00 p.m. in the TPW Conference Room 293. Please be advised that plans will be available for pick up on Tuesday, October 4,2005. Bidders are advised that the city of Fort Worth has not acquired all necessary easements for the construction of the project shown in the Plans. Bidders are hereby notified that the City anticipates. obtaining the necessary easements by the start of construction. In the event the necessary easements and/or right-of-way are not obtained, the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project(s). In addition Bidders shall hold their unit prices until the City has completed the acquisition of all easements and permits. The Contractor shall be prepared to commence construction without all executed easement and _ permits and shall submit a schedule to the City of how construction will proceed in the other areas'of the project that do not require easements or permits. For additional information concerning this project, please contact Mike Domenech, P.E., Project Manager,at 817-392-6826 or Gretchen N.Williams, P.E., CDM at(817)332-8727. Advertising Dates: Sept.29,2005 Oct. 6,2005 Fort Worth,Texas C.-Documents and Settingstdomene.MiLocal SettingslTemporaryInternet RlesIOLKWIPar[,4-NTB.doc NB-1 PART A- COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: NORTHSIDE II 48-INCH WATER MAIN EXTENSION, UNIT 5B FORT WORTH, TEXAS UNIT 5B—FUTURE BASSWOOD BOULEVARD TO HERITAGE TRACE PARKWAY Water Project No.: P264-0602140023087, DOE No. 5066, City Project No. 00230 Addressed to Mr. Charles Boswell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 P.M.,Thursday,October 27,2005,and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Contract Documents,including Plans and Specifications,may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, for a non-refundable fee of sixty dollars ($60.00) per set. Additional sets may be purchased on a nonrefundable basis for sixty dollars($60.00)per set. All bidders will be required to comply with Provisions 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No.7278,as amended by City Ordinance No. 7400, Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. The major work on the above project shall consist of the following: 17,300 LF 48-inch Waterline, Installation of 4—48 inch Butterfly Valves and Vaults, Cathodic Protection System and 70OLF of Bored Casing A pre-bid conference will be held on Wednesday, October 12,2005 beginning at 2:00 p.m. in the TPW Conference Room 293. Please be advised that plans will be available for pick up on Tuesday,October 4,2005. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90)days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH FORM ("Documentation'), and/or the JOINT VENTURE FORM as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all.the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817)392-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the-bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with the 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, CADocuments and SettingsldomeneAftocal SettingslTemporary lntemet Res10LK6RPart A-Detailed NB.doc CN13-1 1PA—RT A - COM-PREIMNS-WE NOTICE TO BIDDERS GOOD FAITH EFFORT FORM (with"Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5)City business days after the bid opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Bidders are advised that the city of Fort Worth has not acquired all necessary easements for the construction of the project shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary easements by the start of construction. In the event the necessary easements and/or right-of-way are not obtained, the City reserves the right to cancel the award of the contract at any time before the Contractor begins any construction work on the project(s). In addition Bidders shall hold their unit prices until the City has completed the acquisition of all easements'and permits. The Contractor shall be prepared to commence construction without all executed easement and permits and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require easements or permits. The Managing Department for this project is the Engineering Department. For additional information concerning this project,please contact Mr.Miguel Domenech,P.E.,Project Manager, City of Fort Worth Department of Engineering 817-392-6826 or Gretchen N. Williams, P.E., CDM at (817) 332-8727. Charles R-Boswell City Manager Marty Hendrix City Secretary A.Douglas Rademaker,P.E.,Director Department of Engineering By: to sho fd�, �of Rick Trice,P.E. Assistant Director Advertising Dates: Sept.29 2005 Oct.6,2005 Fort Worth Texas CADocuments and SettingsidomeneAALocal Settings►Temporary Internet FilesIOLK6FIPartA-Detailed NB.doc CNB-2 SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION 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. SID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. •- 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: 09/10/04 1 (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 Right to Audit,under paragraph L of Section C1:Supplementary Conditions To Part C— General Conditions,pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this - state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. 09/10/04 2 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. 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. NUNORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from theappropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. 12. FINAL PAYMENT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. 09/10/04 3 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. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 09/10/04 4 - - - - -PART B- PROPOSAL - - - - - Fax from 18-28-65 89:52 Pg: 3 Y f a'ORT WORTH City of Fort Worth Minority and Women Business Enterprise SpeGificiltipns SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the MIWBE goal Is applicable. If the total dollar value of the contract Is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements — and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. MJWSE PROJECT GOALS — The City's M/V1(BE goal on this project is ' 19 °fo of ttie total bid(Base bid applies to Parks aid Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the Citys M/WBE Ordinance by .� either of the following: 1. Meet or exceed the above stated MIWBE goal,or 2. Good Faith Effort documentation,or, 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. i 1. Subcontractor Utilization Form,if goal is received by 5:00 p.m., fire (5) City business days after the bid met or exceeded: openinq date.exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is less than opening date,exclusive of the bid opening date. — statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if no M/WBE participation: I opening date,exclusive of the bid opening date. — 4. Prime Contractor Waiver Form,if you will received by 5:00 p.m., five (5) City business days after the bid erform all subcontractin /su lier work: opening date,exclusive of the bid openin2 date. S. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date,exclusive of the bid ppening openingdate. — FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL.RESULT IN THE BID BEING CONSIDERED .. NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the MIWBE Office at(817)392-6104. Rev.09/09105 4 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth 11 -07-05A11 :54 RCVD Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MIW/DBE NON-M/W/DBE Northside II—48-Inch Water Main Extension, BID DATE October 27,2005 Unit 56—Future Basswood Boulevard to Heritage Trace Parkway City's M/WBE Project Goal: PROJECT NUMBER 1 Qi % Water Project No. P264-0602140023087;DOE No.5066 l l City Project No.00230 ._....a_. _...v ,.:C, ..._...,::._......-. ..:v:;...•.._.:-.,—:=:v.-:_[n:'_r-, _._C..;:a' a•'4i::S1'a_:v._u:.:t:'i..Y:Y,�:�`S�:e'_i:'..'�_:::i:iW�:::e::�:.L:iii:� ":'iie::::_.t::nii�_:i .3.._. v .. ............. ._: _...v:::tv �;.. i:�i:i:::.:,a ,...iwr.. �....la_ :I...-,.. :............fi.,:..,.,.., :.\...,., ...,_._ _.,.:::..:..-..:'--.:-r•a -:,_.._...a....a. .......:..., If .o.�thave.fa�ledto secur..e{MMIi3E .amici atron_and-:.ou=have?suhcontractin ranc�hol su` iier`o` ortun�ttesora€.,our3 E arts f ati.on=isaessthan.the.'Ci -sa ro ect? oal ...ouhmust com let tfiisfonn4 ;DB ' .. .......... . r If the bidder's method of compliance with the MNVBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and .® submitting the documentation required by the City. Compliance with each item, 1 thru 6.below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete Phis form, In 'its entirety with upportmg documentation, and received by the Nlana "in De artment on oribefore 5.00 m.five 5 :Cif:business da s after bid o enin exclustveio#bid Y p 9, opening date,willresulttiin theibid bung considered non responsive to bid spe0fcations 1.) Please list each and every subcontracting 'and/or supplier opportunity) for the completion of this project, regardless of whether it is to be provided by'a MNVBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, ff necessary) List of Subcontracting Opportunities List of Supplier Opportunities aim Rev.05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than three(3)months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing I F No 3.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed,at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? Yes (if yes,attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of M/WBE firm, ea rson contacted,phone number and date and time of contact) No iNO}TE r�A facsimtle mayrbe us'etl Yo comply with ether 3 or 4, li.ut may not a used for both. lfa facsimile; ,is fused...attach,�the;yfa>( fconfimatton;.Nwhch ;is to rouide=:M/WBE name;, date;...;time;.,fax.;number;ands documentation faxetl ...::::i:..'::r�n:..:.:c:.J....:_..�>.:.:"-:__-.�±mr:.._.-:e_•e.i...,.i.........:. :r:.........;.:;.a+:�;..n: ::_-..nv:::r.F•-.:...y:v.v.,.n:�u.::::.n.e'.....:'i'-,;:ci,::, -L.--r-c:_:.�:n:lff ar :.i _ '.I ::-.•. •::_.1�:i:• ; ...r:} .i— i�5!'i.a..-.L: •r._... ".J �_q:'y':'.:4°��i i-Y':• _ _ :..ii-:±v:.., ?{�,':J ;NOTE. �If the;;list zof M/WBEs,fgr,a;rparticular subcontracting/supplier oppartumty lis;ten 10 or IesstlieR _... biddermusfia,contact theientlre+listrto be is com�liance�w thy^ uestions 3 andF4 Ifrthe I�stfof,MNVBEfora iK;r rL.' .:..L 'i- _ . Lq ' i _ :particular subconfractin�/supplier opportUnityais ten (�10) or'�nore,the'b�d'der m. stycontact at least two thirtls (2/3) of the list within such area.of:oppbrEtanity;cbul not=fess-than ;teW:'. o be. �n:complianae,;with: tiguesttons 3 snd"4 6.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in' the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Pie se use additional sheets,if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection wit A Rev.05/30/03 ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. e The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.05/30/03 Joint Venture Page 1 of 3 FORT NORTH CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered;use"NA"lf applicable, Name of City project:UNIT 5B FUTURE BASSWOOD BOULEVARD TO HERITAGE TRACE PARKWAY A joint venture form must be completed on each project RMIElid/Purchasing Number: Unit 5B—Water Project No.P264-0602140023087,DOE No.5066.Cit rLProject No.00230 ®, 1.Joint venture information: Joint Venture Name: Joint Venture Address: fffapplicable) ®, Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets If additional space Is required to provide detailed explanations of work to be performed by each firm comprising the Joint venture _T_ M/WBE firm Non-M/WBE name: firm name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certifeation Status: E-mail address "�Y;!= :>V�•:1.` ..>�' .:}'••.:: illi �.}?`; 4 Name of fY BAgency:Certr m 1•: 4 1 is f.i A. £1•r ........ wh5;:':.. .fit`. ..: tHh...•.....:..^..:!{':'.. 2.Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: we on Rev.5/30/03 Joint Venture Page 2 of 3 3.What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: ,.. Other applicable ownership interests: 6.Identify by name,race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision maldng of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---- ------------------------------------------ b. Marketing and Sales ---------------------------------------------- c. Hiring and Firing of management personnel ----------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MNVBE percentage applied toward the goal for the project listed on this form. NOTE: ., From and after the date of project award, if any of the participants,the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev.5/30/03 Joint Venture Pa e3of3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore,the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein.. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract; which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of M/WBE firm Name of non-NYWBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public PrhttNatne Notary Public Signitktire Commission Expires (seaq Rev.5/30/03 ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe rime PROJECT NAME: MNV/DBE NON-MAN/DBE Northside II—48-Inch Water Main Extension, BID DATE Unit 56—Future Basswood Boulevard to Heritage Trace Parkway October 27,2005 City's MMIBE I Project Goal: PROJECT NUMBER l o Water Project No. P264-0602140023087; DOE No.5066 (�1 /, City Project No.00230 if both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if k2lft answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m..five(5)City business days after bid opening,,exclusive of the bid opening date,will result in the bid — being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this prciect, NO this is our normal business practice and provide an operational profile of our business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/WBE(s)on this contract, the payment therefore and any proposed changes to the original MhNBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs 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 creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a pen. time not less than one(1)year. Authorbmd Signature Printed Signature Title Contact Name(K different) Company Name Phone Number Fax Number Address Email Address city uF�p Date �'" Rev.5/30/03 ATTACHMENT IA Page 1 of 4 .. FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: /, Check applicable block to describe prime Scar e'S' aoi � a—' "n r i MNV/DBE �/ NON-MNV/DBE -- PROJECT NAME: I" Northside II—48-Inch Water Main Extension BID DATE Unit 5B—Future Basswood Boulevard to Heritage Trace Parkway October 27,2005 City's M1WBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER Water Project No.P264-0602140023087; 1 % Iq , o4 % DOE No.5066 ` City Project No.00230 Identify all subcontractors/suppliers you will use on this project MW ...:'•;::.,i�:•..v�-,o. :±x'f.�v::_.i:.�=�.:rn:..::��::..r._.�n... ..... !..�,:'i'1f n,� `E�a>v��a:_.,,,.:..,:,ri.,T.�::.._a-,t N .. :i � Failure tokcom"' ete thls;ii ,;.enttr,.et =;:Wltf�:,:re: nested docurnenfatron ;and recelveci.`b ttn ,u::.,... �i.,ice_:.:E.:_:.:.e.:.!:_... .... .:..:.......... ._a..... �,:,l. ......::�.,:.::_. :L;,,,..'..,.u:,...m+..:.e� ..r::•!.,.,_- - - a ::,. :i .. .. :. efo. .5.0 Vie:. 5 :Cit.:: De artmenton..or:,b _. re..,,. . .:0... ,m .._i._ Id o enln exclusive of bid o"'inind to 1. ., �._ .. Y.buslness.cays�afterx p..:......9,.,:.... �.::.,,.g.,..i: :v „ willresultm`the bid bein T;nan res Onsiveltobidxs` .�., The,,;undersignedvi..—fferar..,'agree5._to, :enter mto.'a;formal.,,agreement wlth::.the: M/WBE-firrn(s):' Ilsted in this .E.v.,. +. utlhzatloh.,schedule, conditioned upon execution of a;oontcact..with the ;:Cityr of kFort�1Nortf The�Inentional andlor!knowtr~g misrepcesentatlon of facts is gl-.ounds for!:conslderatlon of disqualification an`d will°Fesult in°the bld.Ybeing�cons�dered non resp_gnse to bitl1spe91icat�ons M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. --,,. n::i_^x" s. n� ..:.....�;:;f!..;•' ... �i9'e: moi]' d I tler Is: the:.:aeve'v_.6fsixocanfractir '=belo..uv!:ti 07 rime a contractor '''r'` ='< a dfin, !2 "::.:i:........ .. ...vv._...z..... _.........0.c ..vi._-.._.+. ..,:...... .. �... .,.....i':i.::v..;.,;��.:.....:: '..:.. fromrthewpr..ime`_cor tractor.,:to a;subcontr..actor�ls�consldered 1 ;tier, a payment by a .subcdntra_ctor, to its supplier!Is considered!2°d fier :: . 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. Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). min If_:aaulm. _services. are: utl.hze.+d,,:the_primewill._-tie=given°:,credit asilong; as:':,the-:MNVBE lisfed owns;at5:d 9 :... operates at least one fuilyllicensed:and"operatlonahtcuck tube usedron4the contiact. The M/WBE:may loess trtacks'frotn anothe�.:M/WBE ftrm,:lncluding M/1NBE ;owner=operators, and receive full MNUBE credit. The JVI'MIBEiay..aease trucks!+;frotr non=M%V1/BEs, including owner o erators;``buta will °only receive credit for the feesand;commissio'ns earned,b :the MWBE as:outlined mtfelea5e a`:ree[nent: on Rev.5/30/03 " ATTACHMENT 1A Page 2 of 4 FoRTWORTH Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list MNVBE firms.first,use additional sheets if necessary. Certification N i (check one) -'O-` SUBCONTRACTORISUPPLIER T `i" Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount T D pw, Telephone/Fax r B B ;A E E R O BAy,: T 4 A LK7 4 fpsaciarleS S i,,cr•. 334ie csuiq � tJICSC• �iP�� �g5`f,lob00� Melissal 5`}24 1. X kith 5 P-C21LI)54,q-0-H0 .. F- (pILI)'5 446 Ricochet S�ppller IM Royal Parkway .- EO-ess,-tic -7wgo g (PD,000.00 v (sn) 2108-5qlo F N n)282.114q-1 Rebar Smices#S wil 5u�.p�l ier 131D GtIman Rd. For+V�DHjj�7X?(v140 X �eb�r f (8 n) 4E6-4003 F(8 n) 463-811$ 1AIS Moreno 4`14 l 1.o(vm 4. fbrt Woo T -7(0103 X Truckiru� �3o,oao.po - CW-'rMA Redo Wy 'plti�r 3401 6tMIthem ,� x=01!-�' h1C►'�h;r�C 1(�I I i 1 X �,�+rt�r�� �2����•00 (91-1)-15LI- 1-1 (0 Rev.5/30/03 ATTACHMENT IA FoR�TWORTH Page 3 of Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list MNVBE firms first,use additional sheets if necessary. Certification SUBCONTRACTORISU'PPLIER T (check one) o" '` Detail Detail Company Name i N T _ ; C X NI Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D i = Telephone/Fax r B B R O g..8; E E C Ti= A c_ No�-Nn�Ves+- pi co- Su�pl 13 (-ai f te. Rose 41 jam I(oo, tb(i W o s°1+\,'TX 1(t23 X NO hes 9(Ap91y 4-141 I rrkrChA s+. M1e�,tnn� I YX � - o� I - �o�,lves lio5,ono.ov P.co-ia0v42-3342 W(1A SW'( Lang fbrfVwg63f �Wq0 — X dare `('unM>°I �45o,ouo•oo P (S I-1)V-3-44&3 Rev.5/30/03 ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ WO ZD Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 2) DD TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ -31 i"h`e'Co tra'ctorw�l nofi make ad dition's,;deletions";or..;substitutions;.to:ahis.'cartified List without the,.: rior:a' 'roual. ..- L_.. =� o sthe�.:Mmor..i' and:UVomen',.:Business:.Erter 'rse, O,ffice`!:Mana er:.::or :desi reel tfrou h_..:tle.subi'i'itfi 'I!. of a' �f r-..Q ravahofJ:Chan e/Adtl�tron._.._An _-kund"; ""t— `�'`��`e�'�"" �- -- _. ....... _:. .,: : ,.: . .,. �. mat reel.bre'ac��of ........: ... :..... v.... .n...._ -.—...z........_... :..,.............._..r... .:_. _ .__.....::....,...,,.:.:... :... �:1='r::�k._-i1+�1:'a:hl..,... .•,..,x _ .err•r. r?..:...:u .:::. : .. ..... ..,r.:... :.........r.:.:.:u....r.... ( �.. ::.:-:._...,_•___ .....:,..}ATL ..fii::-n1!1.: .: . .. .t..N." .. 2. r .. !.: .::,•:-..::..:F_ ...:r._,.I,!.!•ry:i;.._i....:.,,..:_."_,:..:,_„_... ,u!._; vr.:aw:.:.. ut contract�and oma: !cesuit in.debarmentln laccord with,tlie cocedures outlined in!the=ordii%ara'ce�The contractor stall iab 'ita=!delailed ex"lanat�on ofhow th'e re'`�iestetl ehan a%addition or deletion will aff ci tti"e com�rnitted s:. !,{,.,.kr- _. fE_,.r._,._........ .....r ......1............ ......._i�.:e e... ...... ,.............. .. ......,._ ....., .... r:::yk..l.......N_.3fiv-:::�::� w ::•M/V11:_B,'-' oa� ,.�:: f;:the�;detailA.ex hi ex I�ance��deterrnination;.' ti-�!. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The 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 MAN/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. bran k Fend OL Authorized Signature 'Printed Signature Teressa LD sdrq -Prbv& Nordinator Title Contact NamelTMe different) USCGc� a �tx�,`Inq ► I�1G• � 4q 1-19 03 �o2l Company Name Telephone andlor Fax r yl Lane, 4tomg4ere-5ct 04 Sear reri4q.Go,ri Address E-mail Address cityrstatziP Batu Rev.5/30/03 PROPOSAL TO: Charles Boswell _ City Manager Municipal Office Building 1000 Throckmorton Fort Worth,Texas 76102 PROPOSAL FOR: The furnishing of all materials and equipment and labor and all necessary appurtenances and incidental work to provide a complete and operable project designated as: Northside H 48-Inch Water Main Extension Fort Worth,Texas Unit 5B—Future Basswood Boulevard to Heritage Trace Parkway Water Project No. P264-0602140023087 DOE No. 5066 Pursuant to the foregoing"Notice to Bidders",the undersigned has thoroughly examined the plans, specifications, and the site,understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director,Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to-wit: NS34655Proposal B-1 (Addendum No. 2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. QTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (1) 16 EA Exploratory Investigations to determine utility locations at locati ns designated on the plans Dnp hUndr /1 and �D DollDollarsCents per Each $ 0U•0 $ 1,(4CD•1V (2A) 18,700 LF 48 inch diameter C-303 Bar Wrapped Concrete Cylinder Pipe(130 psi working pressure)furnished and installed complete in place as shown on the _ Plans and described in the Specifications for the sum of R e Dollazs $ ISI and Cents per Linear Foot (2B) 18,700 LF 48 inch diameter Steel Pipe(130 psi working pressure) furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars $ 13 0 $ 2)+3)'04"b and N Cents per Linear Foot (2C) 18,700 LF 48 inch diameter Pressure Class DIP(130 psi working pressure), furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars $ N ° 9 j $ and Cents per Linear Foot (3A) 1 LS 48 inch diameter Concrete Pressure Pipe fittings and specials furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars A and Cents per Lump Sum $ I" a $ Note: Contractor shall select only one option on Items Numbered A,B or C. NS34655Proposai B-2 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO OTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (3B) 1 LS 48 inch diameter Steel Pipe fittings and specials furnished and installed complete in place as shown on the Plans and described in the Specifications for sum of the / A p r-GL by�..eAt-4 -141oy S�X. —r Dollars _ and a ---------Cents per Lump Sum $ '3o"i c 00 $ 3ou t V to o (3C) 100 TN 48 inch diameter DIP Pipe fittings and specials furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars and Cents per Ton $ Nu 9,!k $ (4A) 30 LF 36 inch diameter C-303 Bar Wrapped Concrete Cylinder Pipe(130 psi working pressure)furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars $�b $ n and Cents per Linear (4B) 30 LF 36 inch diameter Steel Pipe(130 psi working pressure)furnished and installed complete in place as shown on the Plans and described in the Sfications for the sum of .� �eciOZUU Dollars 00 and Cents per Linear Foot (4C) 30 LF 36 inch diameter Pressure Class DIP(130 psi working pressure), furnished and installed complete in place as shown on the Plans and described in the Specifications for the sum of Dollars and Cents per Linear Foot $ (5) 18,700 LF Trench Safety System complete and in place for the sum of Ov-e Dollars and t--- Cents per each Linear Foot $ $ �— Note: Contractor shall select only one option on Items _ Numbered A,B or C. NS34655Proposal B-3 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. OTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (6A) 885 LF 48-inch C-303 Bar Wrapped Concrete Cylinder (130 psi working pressure)pipe furnished and installed in 72-inch Steel Casing(0.50"thick) furnished and installed by other than open cut complete and in place for the sum of n` Dollars and Cents per Linear Foot (6B) 885 LF 48-inch Steel Water Pipe(130 working pressure) furnished and installed in 72-inch Steel Casing (0.50"thick)fumished and installed by other than o en cut complete d in place for the sum of Dollars $ S0 6 $ y Z 7 and Po —^ents per Linear Foot (6C) 885 LF 48-inch Pressure Class DIP(Working Pressure 150 psi)furnished and installed in 72-inch Steel Casing(0.50"thick) furnished and installed by other than open cut complete and in place or the sum of _ $kb G1 d $ Dollars and Cents per Linear Foot (7) 2 EA Furnish and install Butterfly Valve Vaults as shown on drawings complete and in place for the sum of Dr%e �tAcnxl(o �� �hwu5� 1 5T?Z?a a 7, 0 J1) Dollars - and 00hy>C Cents per Each $ $ (8) 2 EA Install 48-inch Butterfly Valve(Owner furnished) =lt M and in place for the sum of Dollars and 6o - Vents per Each $ $ (9) 3 EA Furnish and install Combination Butterfly and Air Release Valve Vaults as shown on drawings()v,c, h'�"`0�`'� complete and ' place for the sum of Pk5' 4+902000 Dollars °� and Po Cents per Each $ Note: Contractor shall select only one option on Items - Numbered A,B or C. NS34655Praposal B-4 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. QTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (10) 3 EA Install 48-inch Butterfly Valve(Owner furnished) and 3"Air Release Valve (Contractor furnished) ,,�and Vault complete and in plac for the sum of Q ��� �-►✓Fi �0 N.SICs�- Dollars � 1"1 �S�JOO 2 S.S�OdO II``^^`"' and Cents per Each (11) 4 EA 3-inch Air Release Valve in Vault complete and in place as shown on the Plans and described in the °( Specifications for the sum of 2-t 5-1 and p Cents per Each $ $ _.. Piz (12) 13 EA 8-inch Bloyyr�Off and Sump Manhole for the sum of "Tiy&O,zvi ,Qive T Dollars and a Cents per Each i (13) 1 EA 48-inch x36-inch Tapping Sleeve and 36-inch Gate Valve complete and in place for the sum of Dollars and Cents per Each $ IOt7,00p^$ /d��Ovo (14) 1 EA 36-inch Resilient Seat Gate Valve furnished and installed per Figure 4. �-�h a_SAe � Dollars and t& Cents per EA $ -70,abd $ W"00 0 (15) 100 CY Class"A"Concrete for Miscellaneous Placement for a sum of �. Dollars and Al© Cents per Cubic Yard $ 30 $ 3,0e) 0 (16) 100 CY Class`B"Concrete for Miscellaneous Placement for#ie for the sum of Dollars and Cents per Cubic Yard $ 3 0 $ alp (17) 100 CY Class`B"Concrete for Miscellaneous Placement for the sum of Toll ars �- and PJ t ts per Cubic Yard $ 30 $ DCD NS34655Proposal B-5 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. QTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (18) 100 CY Ballast Stone for Miscellaneous Placement for the sum of Dollars and JVo -- Cents per Cubic Yard $ _ (19) 100 CY Crushed Limestone for Miscellaneous Placement for the sum of �(M Dollars and is per Cubic Yard $ $ voz5 (20) 250 CY Rip Rap as shown on the drawings or directed by the Engineert,C4 rl /J 0�1 Dollars _ and A9 Cents per Cubic Yard $ /Oy $ SJ O (21) 200 LF Concrete Encasement as shown on the drawings or directed by the Engine r G'r�-C �Iunr�fC � --Dollars and ents per Linear Foot $ PSD $ 3 dl pc) (22) 12,500 LF Hydromulch Seeding furnished and installed for the sum of�r-le- d ollars and /Va ents per Linear Foot $ 6 (23) 6,200 LF Grass Solid Sodding furnished and installed for the sum of -5/X Dollars _ and 7rd Cents per Linear Foot $ 6 $ (24) 1 LS SWPPP Implementation and Maintenance for the sum of ej Dollars �- and ents per Lump Sum $ / ��0 vo $ (25) 1 EA Cathodic Protection complete and in place as shown on the Plans and subscribed in the S cific tions for the aurn of Dollars _ and -_ _6 Cents per Each $ J� $ e 6,0 D DO NS34655Proposal B-6 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. OTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE (26) 200 SY Permanent Concrete Pavement Repair per Figure 2000-1 for the sum of ;w5 ZA, -Y7 v2 and 1110 — Cents per Square Yard $ ��� $ 1/,Vyo (27) 2,500 SY Permanent Concrete Pavement Repair per TxDOT Standard(7-inch pavement)for the sum of �e .i,je Dollars and JYd ts per Square Yard $ S $ IS 7, SOd g (28) 100 LF Replace Concrete Curb&Gutter for the sum of Dollars and e - Cents per Linear Foot (29) 850 LF Replace Concrete Curb&Gutter per TxDOT Standard for the sum of Dollars r and Cents per Linear Foot $ $ Z5 (30) 3 EA Connect to existing 48-inch line complete in place fgr,�he sum of�, Dollars _ and IVe — Cents per Each $ (31) 3 EA Install 48"Plug complete and in place for the sum of -Dollars and ents per Each $ ODD $ 1, 00c (32) 80 LF Remove and replace 6"sanitary sewer service line for the si of dAGN,1CR Dollars and ents per Linear Foot $. IM,— $ NS34655Proposal 13-7 (Addendum No.2) UNIT 5B BID DESCRIPTION OF ITEMS ITEM EST. WITH BID PRICE TOTAL NO. OTY. UNIT WRITTEN IN WORDS UNIT PRICE PRICE .- (33) 1,000 LF Extra trench depth for 48 inch pipe and fitting in excess of 1 foot below the design grade complete in place for the sum of Dollars and /1/d per Linear Foot $ 1 $ ,/ Ud O TOTAL BID UNIT 5B $ `�J (� `' /Cc= NS34655Proposal B-8 (Addendum No.2) UNIT 5B LIST OF STEEL FITTINGS FOR 48"WATER LINE No. of Fittings Size of Fittings Type of Fitting Price 8 48-inch 900 Bend `7 sty I�i1q 10 48-inch 450 Bend 4J 04io _ r r4 19 48-inch 22.50 Bend Z 9 35- /k 18 48-inch 11.250 Bend I -3 sv yid _. 2 48-inch Plug 000 1 48 x 36 x 36 Tee e A, 1 48 x 36 Tee f r 17-po ` *Fittings for Steel Pipe will be custom made for the project. LIST OF CONCRETE CYLINDER FITTINGS FOR 48"WATER LINE No. of Fittings Size of Fittings Type of Fitting Price 8 48-inch 900 Bend �i`1Gd` ilQ 10 48-inch 450 Bend ,�-/A) 19 48-inch 22.50 Bend Z X60 18 48-inch 11.250 Bend Z lw o 2 48-inch Plug (c� 1 48 x 36 x 36 Tee /U zJto,d 1 48 x 36 Tee G6�I *Fittings for Concrete Cylinder Pipe will be custom made for the project. LIST OF DUCTILE IRON FITTINGS FOR 48"WATER LINE No.of Fittings Size of Fittings Type of Fitting Weight per Fitting(lbs) Total Weight(lbs) 8 48-inch 900 Bend 10 48-inch 450 Bend �$ of7190` 19 48-inch 22.50 Bend 1 b� 350 18 48-inch 11.250 Bend 2 48-inch Plug 1 48 x 36 x 36 Tee 3 0 S� p 5 j 1 48 x 42 Tee LI t'0 3), Total Weight= l I D�1 D 3 lbs. ( 55 Tons) NS34655Proposal B-9 (Addendum No.2) MATERIAL SUPPLIER INFORMATION FORM—UNIT 5B CONCRETE CYLINDER PIPE The concrete pipe information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. knsm P'i ae Name of Manufacturer I Type of Pipe [D03 N . Macflw+ur, boAas ,-TC gsb5o Home Office Address of Manufacturer 'D� Ila� .-pC Location of plad in which pipe and fittings are to be manufactured. m STEEL PIPE The steel pipe information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. t v�"eS4 Pi W, �D Name of Manufacturer Type of Pipe 6413 prairi6 Q05e Lmn.e , �R. Wow , ']y123 Home Office Address of Manufacturer -� pct i n ave Location d0plant in which pipe and fittings are to be manufactured. Check one: J�Mortar Coated Polyurethane Coating DUCTILE IRON PIPE The ductile iron pipe information form bound with this project manual shall be provided by the Contractor at the time that bids were submitted. &MM"Can law Pi � Co Name of Manufacturer Type Type of Pipe P(fAv,I rlQSb n KU , Sic• qq D � DGZ.MS W292- Home 2,92- Home Office Address of Manufacturer Location of plant(A which pipe and fittings are to be manufactured. NS34655Proposal B-10(Addendum No.2) Within ten(10)days of notification by the City, the undersigned will execute the formal contract and will deliver an approval Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this contract. The Attached bid security in the amount of 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 cased thereby. The undersigned bidder certified that he/she 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/she has read and thoroughly understands all the requirements and conditions of those General Documents and the Specific Contract Documents and appurtenant plans The successful bidder shall be required to perform the work in accord with the following publication,both of which are incorporated herein and made a part hereof for al purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, which may be purchased from the Water Department. 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation and Public Works. The undersigned assures that its employees and applicants for employment and those of 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. s This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales,Excise and Use Tax Act. All equipment and materials not consumed by or incorporated into the project construction are subject to State sales tax under House Bill 11,enacted August 15, 1991. The Bidder agrees to begin construction with 10 calendar days after issue of the work order, and to complete the contact within 220 Calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. The work order will be issued no later than 90 days after the award of contract. Liquidated damages shall be assessed as indicated in General Conditions section C7 -7.10, except that the sum per day shall be $5,000.00 for this contract. The Bidder further agrees to have the 48-inch water transmission main installed, disinfected and accepted by May 31,2006. 4 NS34655Proposal B-11(Addendum No. 2) (Complete A and 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 not Required to be percent lower than resident bidders by state law. A copy of the statue is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Addendum No. 1 (Initials) _ Addendum No. 2 (Initials) Addendum No. 3 (Initials) Respectfully submitted, By: Title: VL L6 P4,CS 1 i� Address: 22 6&vs0ry k Avg- (SEAL) GANO KE �l� (�2-42. If Bidder is Corporation Date: AlpvEmAER 005 -END OF PROPOSAL- END OF SECTION NS34655Proposal B-12(Addendum No. 2) -FART C- GENERAL CONDITIONS PART C - GENERAL CONDITIONS - TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (2) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday C1-1 (4) .A C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order C1-1 (6) C1-1.28 Paved Streets and Alleys C1-1 (6) C1-1.29 Unpaved Streets and Alleys C1-1 (6) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) - C2-2.3 Examination of Contract Documents, and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) (1) C2-2 .7 Delivery of Proposal C2-2 (4) C2-2 .8 Withdrawing Proposals C2-2 (4) C2-2 .9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4) C2-2 .11 Irregular Proposals C2-2 (4) -- C2-2 .12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3 .1 Consideration of Proposals C3-3 (1) C3-3 .2 Minority Business Enterprise 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.S Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-S.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) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 (1) C6-6.3 Patented Devices, Materials and Processes C6-6 (1) -- C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges of Contractor in Streets, _. Alleys, and Right-of-Way C6-6 (3) C6-6.7 Railway Crossings C6-6 (4) C6-6.8 Barricades, Warnings and Watchmen C6-6 (4) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6) C6-6..11 Independent Contractor C6-6 (8) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor's Claim for Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6.20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1) C7-7 .3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of Operations C7-7 (2) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7 .6 Work Schedule C1-7 (3) C7-7 .7 Time of Commencement and Completion C7-7 (4) C7-7 .8 Extension of time of Completion C7-7 (4) C7-7.9 Delays C7-7 (4) C7-7 .10 Time of Completion C7-7 (5) C7-7 .11 Suspension by Court Order C7-7 (6) C7-7.12 Temporary Suspension C7-7 (6) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9) C7-7.16 Termination for Convenience of the Owner C7-7 (10) _ C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) ,� (3) C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3) C8-8.7 Final Acceptance C8-8 (3) — C8-8.8 Final Payment C8-8 (3) C8-8 .9 Adequacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4) C8-8.11 Subsidiary Work C8-8 (5) C8-8.12 Miscellaneous Placement of Material C8-8 (5) C8-8.13 Record Documents C8-8 (5) (4) — PART C -GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS: Whenever in these Contract Documents the following terms or pronouns in place of them are used, the intent and meaning shall be understood and interpreted as follows: C1-1.2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents, such as specifications, bonds, addenda, plans, etc. , which govern the terms and performance of the contract. These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract s— Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow _ (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod { E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G -. CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) . z Cl-1 (1) C1-1.3 NOTICE TO BIDDERS: All of the legal publications either actually published in public advertising mediums or — furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1.4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to .have done, together with the bid security, constitutes the proposal, which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1.5 BIDDER: Any person, persons, firm, partnership, company, association, corporation, acting directly or through — . a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents, constitutes a bidder. C1-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes, and requirements of the City of Fort Worth's charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions, the latter shall take — precedence and shall govern. C1-1.7 SPECIAL CONDITIONS: Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. !' C1-1.8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to — standard specifications, regulations, requirements, statutes, etc. , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1.9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3 .7) b. Payment Bond (see paragraph C3-3 .7) C. Maintenance Bond (see paragraph C3-3 .7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2 .6) C1-1.10 CONTRACT: The Contract is the formal signed agreement between the Owner and the contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owners representative showing in detail !the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The -.plans are usually bound separately from other parts of the Contract Documents, but they are a part of the Contract Documents just as though they were bound therein. C1-1.12 CITY: The city of Fort Worth, Texas, a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger, each of which is required by charter to perform specific duties. Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. C1-1 (3) C1-1.17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly authorized representative, assistant, or agents. C1-1.19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department, or their duly authorized assistants, agents, engineers, inspectors, or superintendents, acting within the scope of the particular duties entrusted to them. C1-1.20 CONTRACTOR: The person, persons, partnership, company, firm, association, or corporation, entering into a contract with the Owner for theexecution of the work, acting �. directly or through a duly authorized representative. A sub-contractor is a person, - firm, corporation, or others under contract with the principal contractor, supplying labor and materials or only labor, for work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor. The !" sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1.22 THE WORK OR PROJECT: The completed work ' contemplated in and covered by the Contract Documents, including but not limited to the furnishing of all labor, materials, tools, equipment, and incidentals necessary to produce a completed and serviceable project. C1-1.23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:0.0 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: C1-1 (4) T 1. New Year's Day January 1 2 . M. L. King, Jr. Birthday Third Monday in January 3 . Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November . 7. Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is _ declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on. the following Monday, by those employees working on working day operations. Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1.26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day _ Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance with ASTM - American Society of Min. - Minimum Testing Materials Mono. - Monolithic AWWA - American Water Works % - Percentum �• Association R - Radius ASA - American Standards Association I .D. - Inside Diameter ' HI - Hydraulic Institute O.D. - Outside Diameter Asph. - Asphalt Elev. - Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch a CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron C1-1 (5) C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in r 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: s 1. Any type of asphaltic concrete with or without separate base material. 2 . Any type of asphalt surface treatment, not _ including an oiled surface, with or without separate base material. 3 . Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined above for "Paved Streets and Alleys. C1-1.30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. (11-1.31 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 added one or more applications of gravel or — similar material other than the natural material found on the street surface before any improvement was made. Cl-1 (6) SECTION C -GENERAL CONDITIONS C2-2 INTERPRETATION AND , PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon _ which bid prices are requested. The proposal form will state the Bidder's general understanding of the project to be completed, provide a space for furnishing the amount of bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder's "Experience Record, " "Equipment Schedule, " and Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This statement must be current and not more than one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten (10%) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received, and such experience must have been on projects completed not more than five (5) years prior to the date. on which are to be received. The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2.2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal dM C2-2 (1) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans. The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided, without in any way — invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2.3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which -the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully all local conditions, to inform themselves by their own independent �. research and investigations, tests, boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for _ its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in — construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for — general information only and may not be correct. Neither the C2-2 (2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2.4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All 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 furnished the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by a member of the firm, association, or partnership, or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and *� submitted with the proposal. C2-2.5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items. Proposal tendered or delivered after the official time designated for receipt of proposal shall be• returned to the Bidder unopened. C2 -2 .6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal. " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof. The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2 (3) C2-2 .7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid �. Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders. " It is the Bidder's sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 .8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for = opening proposals. A request for non-consideration of a proposal must be made in writing, addressed to the City Manager, and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner, be returned unopened. C2-2.9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modidify 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" if they show any omissions, alterations of form, additions, or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However, the i C2-2 (4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statements showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration, which have been successfully completed by the Bidder. 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (5) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices, the quantities shown in the proposal, and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 .2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, -" upon request, complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a 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 Contraotor at Owner's discretion for a bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3 .3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site, and, at his request, will be provided assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may _ be acquired from the Equal Employment Officer. C3-3 .4 WITHDRAWAL OF PROPOSALS: After a proposal has been read by the Owner it cannot be ' withdrawn by the Bidder within forty-five (45) days after the date on which the proposals were opened. C3-3 .5 AWARD OF CONTRACT: The Owner reserves the right to withhold final action on the proposals for a reasonable time, not to exceed forty-five (45) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 .6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids, the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the 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) bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND: A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344 Acts 56th Legislature, . Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications. Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties, as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. _ C3-3 .8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 .9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by = reason of said awardee's failure to execute said bonds and contract within ten (10) days, the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an ' acceptance of this provision by the Bidder. C3-3 .10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written z 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 i shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract, Workers' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor's Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $500,000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500,000, covering each occurrence on account of property damage with $2, 000,000 umbrella policy coverage. C. ADDITIONAL, LIABILITY: The, Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability (covers General Contractor's Liability for acts of sub-contractors) . 2 . Blasting, prior to any blasting being 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) City of Fort Worth, Tarrant County, Texas. Each such agent shall .be a duly qualified, one upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged, may have against the Contractor, insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 .12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. C3-3 .13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven (7) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract. Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3.14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any contractor, whether a person, persons, partnership, company, firm, association, corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent) with full authority to transact all business . actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, 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 effectfor this reason. C3-3 .15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8) i _ PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4.1 INTENT OF CONTRACT DOCUMENTS: It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish, all in full compliance with the requirements and intent of the Contract Documents. It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or, ., special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract. Documents, furnish all labor, tools, materials, machinery, equipment, special services, and incidentals necessary to the prosecution and completion of the project. .. C4-4.2 SPECIAL PROVISIONS: Should any work or conditions which. are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4.3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general i nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision or the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at associated General Contractors of America current equipment rental rates; (3) materials entering permanently into the project, and (4) actual cost of insurance, bonds, and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general ... and all other expense not included in (1) , (2) , (3) ,and (4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2) suggested by the Owner and shall give the Owner access to all accounts, bills, vouchers, and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner. In case any orders or instructions, either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation he shall make written request to the Engineer for written orders authorizing such Extra Work, prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method (Item C) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five (5) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and _ materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for `extra work, whether or not initiated by a change order, shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. i C4-4.6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner's approval thereof, a "Schedule of Operations, " showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There C4-4 (3) shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4.7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten (10) days prior to submission of first monthly progress payment, the Contractor shall prepare and submit to the Owner for approval six copies of _ the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities (including procurement of materials, plans, and 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 (14) days and construction values not to exceed $50,000. Fabrication, delivery and submittal activities are exceptions to this guideline. C4-4 (4) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical. Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work. is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts, the construction -� schedule shall indicate the following procurements, construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2 . Submittal review periods. 3 . Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer's operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable) . 8. Final inspection. C4-4 (5) i 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 planto 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) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents, acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under : these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precaution and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out r* promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters, the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both _ the Owner and Contractor, a written decision on the matter in controversy. C5-5.2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines, grades, cross-sections, finish, and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (1)