Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 32295
CITY SE-QRETARYV4/ D.O.E. FILE CONTRACTOR'S BONDING CO. City of Fort Worth, Texas CONSTRUCTION'S COPY Water Department CLIENT DEPARTMENT CITY SECRETARY CONTRACT NO WALSH RANCH WATER FACILITIES — PHASE 1 wESTSIDE IV GROUND STORAGE • �� RESERVOIR — UNIT 4 PROJECT PW77-060770140580 DOE NO. 4606 MARCH 2005 • �� by Caw) PREPARED BY: Engineers DunawayPlanners Associates L.P. Surveyors , Landscape Architects y CDMVI 1 v RONALF K.TAMADA IN ASSOCIATION WITH: ••-► •� � �� 52b87 A.N.A. Consultants,LLC .;`3,•;F, �,• .. 41! Mas-Tek Engineering Associates, Inc. m ORIGINAL 3�" IDS WWW,%CFWK*k**ft �IqR`fl Print M&C COUNCIL ACTION: Approved on 8/9/2005 DATE: 8/9/2005 REFERENCE NO.: **C-20901 LOG NAME: 30WRWME 00218 CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of Contract with Holloman Corporation for Walsh Ranch Water Main Extension, Phase 1, Unit 4 (City Project No. 00218) RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Holloman Corporation in the amount of$987,285.00 for Walsh Ranch Water Main Extension, Phase 1, Unit 4. DISCUSSION: On April 29, 2003, (M&C C-19566) the City Council authorized the City Manager to execute an Economic Development Agreement (City Secretary Contract No. 28585)for Walsh Ranch with Walsh Ranches Limited Partnership, H. Howard Walsh, Jr. and various Walsh family trusts (Walsh parties). The agreement included terms of design and construction of water and wastewater infrastructure to serve the property and requires the City to design and construct Phase 1 water facilities, and the Phase 1 wastewater facilities within approximately 36 months after execution of the agreement. On August 12, 2003, (M&C C-19701) the City Council authorized the City Manager to execute an engineering agreement with Dunaway Associates, Inc., to prepare plans and specifications for Walsh Ranch Water Main Extension, Phase 1. This project consists of the construction of a water standpipe, site preparation (grading and leveling) for a future ground storage tank, installation of all associated piping and valves, and construction of outfall drainage structures. This project was advertised on April 21 and 28, 2005 in the Commercial Recorder. On June 9, 2005, the following bids were received: Bidder Amount Holloman Corporation $987,285.00 Greystar EIG $1,012,100.00 AUI Contractors $1,084,000.00 In addition to the contract cost, $32,500 is required for engineering services, $56,000.00 is required for project management by Water Department staff, and $30,000 is required for project contingencies. Holloman Corporation, is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City's goal for this contract is 18%. The project is located in Council District 3. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Project Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P264 541200 603180021883 $987,285.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker(6157) ATTACHMENTS From: 08/29/2005 02:36 #869 P.002/002 CERTIFICATE OF CORPORATE RESOLUTION AUTHORIZING ENTERPRISE PROJECTION APPLICATION 1, Mark Stevenson, President of Holloman Corporation,organized and existing under the laws of Texas and having its principal place of business at Odessa, Texas, hereby certify that the following is a true copy of a resolution adopted by the Board of Directors of the Corporation at a meeting convened,and held on.August 25, 2005 at which a quorumwas present and voting throughout and that such resolution is now in full force and effect and is in accordance with the provisions of the charter and by-laws of the Corporation. RESOLVED: That Collin Young of the Corporation is hereby authorized to sign on;behalf of the Corporation any contracts for Holloman Corporation. I further certify that this Corporation is duly organized and existing, and has the power to take the action called for by the foregoing resol 'on. Mark Stevenson,President Subscribed and sworn to before me by Mark Stevenson,President of Holloman Corporation,on this the 2$ `day of 20 05. J RENEE PARKER Notary PubHo Stan's Of Tews N4axy1FqbBc, State of Texas My ComiWsebn t:V(m Oclnber 2q. 2DD6 Attested to by: K odfelter,Secretary From: 08/29/2005 02:36 #869 P.001/002 624 W.University Dr.Box 430 Denton,Texas 78201 N0 94082-3442 Phone 840.482.6434 Fax FAX COYER SHEET To. Nikki McLeroy From: BRYAN JONES Phone: 817-392-7941 No.of Pages Including Cover. 2 Fax: 817392-7854 Date: 8/29/2005 Re: WALSH RANCH WESTSIDE IV-GROUND STORAGE RESERVOIR Comments: NIKKI PLEASE SEE THE ATTACHED CORPORATE RESOLUTION.PLEASE CALL WITH ANY QUESTIONS. ice' Youlf nJ P o' anger BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Page 1 of of State UCC I Business Organizations I Trademarks I Account I Help/Fees Briefcase Logout BUSINESS ORGANIZATIONS INQUIRY - VIEW ENTITY Filing Number: 26774200 Entity Type: Domestic Business Corporation Original Date of Filing: October 24, 1969 Entity Status: In existence Formation Date: N/A Tax ID: 17513163984 FEIN: Duration: Perpetual Name: HOLLOMAN CORPORATION Address: PO BOX 69410 Odessa, TX 79769 USA REGISTERED FILING ASSUMED ASSOCIATED AGENT HISTORY NAMES MANAGEMENT NAMES ENTITIES Last Update Name Title Address January 17, 2005 MARK STEVENSON PRESIDENT PO BOX 69410 Odessa, TX 79769 USA January 17, 2005 MARK STEVENSON DIRECTOR PO BOX 69410 Odessa, TX 79769 USA January 17, 2005 KENNY CLODFELTER SECRETARY [ADDRESS NOT PROVIDED] Odessa, TX 79764 USA January 17, 2005 KENNY CLODFELTER DIRECTOR [ADDRESS NOT PROVIDED] Odessa, TX 79764 USA January 17, 2005 BRYCE HARRELL VICE PRESIDENT [ADDRESS NOT PROVIDED] January 17, 2005 ERIC PRIM VICE PRESIDENT PO BOX 69410 Odessa, TX 79769 USA January 17, 2005 SAM E HOLLOMAN DIRECTOR PO BOX 69410 Odessa, TX 79769 USA Order. R Rehm 6,�§ear6 Instructions: A To place an order for additional information about a filing press the'Order' button. https:Hdirect.sos.state.tx.us/corp_inquiry/corp_inquiry-entity.asp?spage=mgmt&:Spagefrom=&:Sfil... 8/25/200 = MAY-13-2005 16:23 FROM—Camp Dresser & McKee 8173326870 T-971 P.0021011 F-217 CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS rOR WALSH RANCH WATER FACILITIES—PHASE 1 V ESTSIDE TV GROUND STORAGE RESERVOIR UNIT 4 CONTRACT CITY PROJECT NO. 00218 WATER PROJECT NO. PW77 060770140580 D.O.E.4606 Addendum Issued: May 13,2005 Bids Received Until: 1:30 P.M. on May 26,2005 The constiucti;n contract documents for the subject project are hereby revised or amended as fo: ow: 1. Notice i.)Bidders The dea. lune for bidding has been revised- Bids will now be received until 1:30 T P.M. or, May 26, 2005 instead of 1:30 P.M. on May 19,2005. The delivery location for the bids will remain the same. Owner('ontact Information(for properly access): Walsh I' mch tract: Jimmy Soules cell: 817-996-3123 II. Plans 6 2,.3d City Project No. 00218 to Cover Sheet of Plans s 8 feet C-2 R place Sheet C-2 with Sheet C-2 in Attachment AD-1. P:12230.wa1shPA=h%8iddi- .Pbn.\AddendurnNo.[WdendumNo.i.dw —1— MAY-13-2005 16:23 FROM-Camp Dresser & McKee 8173326870 T-971 P.003/011 F-21T CITY OF FORT 'WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 1 • Sheet M-2 Replace Sheet M-2 from the plans with Sheet M-2 in Attachment AD-2. Revise Sheet M-2 in Attachment AD-2 as follows: -Loop 1600 shall read Loop 1160. -Site drainage pipe shall read 2T'DR-RCP instead of 24"DR-RCP -72"Dia valve vault per FW WD Standard Figure 4 shall be (TYP of 2)not(TYP of 4). • 'Delete the following sheets: iheet M-3 .sheet M-5 • ►heet M4 replace Sheet M-4 With Sheet M-4 in Attachment AD-3. • :;heet M-6 ection 1 dimensions of Concrete Landing on western side of Standpipe hall be 5'-0"x 5'-0"x 0'-6". • theet MZ-2 I,etail BA valve shall be a ball valve not a gate valve. �. rating detail shall read Detail BD not Detail BC. P:\2230-W3I Rawh\Bidth PLsselAdderrlumNo.IWddeodumNa I.doe —2— r MAY-13-2005 16:23 FROM—Camp Dresser & McKee 8173326870 T-971 P.004/011 F-217 CITY OFFORT ORT WORTH,'TEXAS WATER DEPARTMENT ADDENDUM NO. 1 III_ Part C C neral Conditions C 7-7. 10 Time of Completion The a Lount of liquidated damages that shall be assessed to this project shall be $126( JO in lieu of$630.00. Additionally, the parties hereto understand and agree i rat any harm to the City caused by the Contractor's delay in completing the work)- sreunder in the time specified by the Contract Documents would be incapd. de or very difficult of accurate estimation,and the"Amount of Liquidated Dama-:.ss Per Day", as set out above,is a reasonable forecast of just compensation due th. City for harm caused by any delay. IV. Specifca;. ons • A& :City Project No. 00218 to Cover Sheet of Specifications 0 Sp.:6fication Section 13205 De. ste this section. • Sp(-dficatiou Section 13210 Thu- following shall be added to Paragraph 1.01 scope of work: "St.-, -I Standpipe manufacturer shall provide written acceptance of all item_ s sups lied and installed by others under or adjacent to the specified steel star (pipe. Written acceptance shall state steel standpipe manufacturer's app >val of the materials, construction and installation and their conformance with the tank design intent."' PA2230-Walsh RanchuBidd 1 Phar%Ad ndnm No.1 uWdcodum Na l.doe —3— MAY-13-2005 16:23 FROM—Camp Dresser & McKee 8173326870 T-971 p.005/011 F-217 CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 1 This Addendi. m forms a pan of the Contract Documents referenced above and modifies the original C' ►ntract Documents and plans. Acknowledge receipt of this Addendum on the space pro- ided below and your Bid Proposal and note on the outer envelope of your bid. ]Failure it- acknowledge receipt of this Addendum could subject bidder to disqualificati-: L RECENT AC 4�19WIF^"'`'' By._ By: Ronald K T ada,P.E. Title: t QF Address: Telephone:a_ RONALD K.TAMADA r.sw:nr+e..ee e� 6265 S PA2230-Walsh RanchSidd.{PhaceUddendam No.I%A&cndum No.I.doc —4— CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 2 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WALSH RANCH WATER FACILITIES—PHASE 1 WESTSIDE IV GROUND STORAGE RESERVOIR UNIT 4 CONTRACT City Project No. 00218 .WATER PROJECT NO. PW77 060770140580 D.O.E. 4606 Addendum Issued: May 19,2005 Bids Received Until: 1:30 P.M. on May 26,2005 The construction contract documents for the subject project are hereby revised.or amended as follow: 1. Addendum#1 Revise Sheet M-2 as shown in Figure M2-A. II. Plans • Sheet CP-1,CP-2, & CP-6 Delete valve.enclosure FWWD,Figure 4 between concrete valve vault and ground storage reservoir. • Sheet CP-2 The note for the headwall on pipe profile Sheet CP-2 shall read: STA. 0+82.00,END 27"RCP CONST. HEADWALL PER COFW TPW CONSTRUCTION STANDARD S-SD 13 A & S-SD 13 B EXCEPT AS MODIFIED IN SHEET CP-3 PA2230.Walsh Rnnch\Bidding Phaw\Add=&m No.2Wddendum No.2.doe -1- CITY OF FORT WORTH, TEXAS _ WATER DEPARTMENT ADDENDUM NO. 2 • Sheet CP-3 — Section B-B open graded rock 12"to 24"shall read open grade rock 12" to 18". • Sheet M4 Add Note 8: 20"OVF-STL and 8"DR-STL pipe support as shown on Figure MZ4-A, Detail DA at the end of this addendum. • Sheet M-6 Section 2 20" OVF-STL shall read CL EL 1024.83. • Sheet M7r4 Add Sheet MZ-4 attached to the end of this addendum MZ4-A. • Sheet E-2 Revise Sheet E-2 with Sheet E-2 in attached exhibit E2-A. • Sheet E-3 Revise Sheet E-3 with Sheet E-3 in attached exhibit E3-A. _ • Sheet E4 Revise Sheet E-4 with Sheet E-4 in attached exhibits E4-A&E4-B. M. Specifications �- • Notice to Bidders Project description shall be revised as follows: "Construction of a 63,000 gallon steel standpipe, associated piping, — instrumentation, electrical, drainage facilities, and other appurtenances." PAZ230.Walsh RancMBidding PhaseWdendum No.PAddendum No.2doc —2— CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 • Part D—Special Conditions Add paragraph D-116 as follows: D-116 FIELD OFFICE As specified in Part C, General Conditions C5-5.6,the contractor shall provide a field office exclusively for the City of Fort Worth Construction Manager and coordination meetings for the following: A. Temporary field office shall be established on the job site where approved or directed by the Engineer, adequately furnished. B. Contractor shall provide either a separate building or a partitioned-off space of at least 140 sq ft of floor space with solid lockable door in Contractor's building for the exclusive use of the City of Fort Worth Construction Manager throughout the period of construction. The temporary office shall be weathertight,have a tight floor at least 8-in off the ground and shall be insulated and suitably ventilated. The office shall be provided with janitor service,heating and cooling equipment, electrical wiring,outlets and fixtures suitable to light the tables and desk adequately as directed. Provide separate toilet facilities in the field office. C. Provide the following furniture and equipment in the Construction Manager's office: 1. One plan table, 3-ft by 5-ft and one stool 2. Desk about 3-ft by 5-ft with desk chair 3. Two additional chairs 4. Two-drawer, filing cabinet with lock Field office shall also have available to the Construction Manager the following: 1. One conference table(6-ft). 2. Eight folding chairs. 3. First aid kit suitable for ten people with manual,American White Cross No. K10 or equal. 4. Duplicating machine,Xerox Model 1025I or equal. P:V330.WdshRenchSiddiogPbuc\AddudumNo.2UddrndumNo.2.doc —3— CITY OF FORT WORTH,TEXAS 4 WATER DEPARTMENT ADDENDUM NO. 2 D. Contractor shall furnish temporary light and power, including wiring, lamps and similar equipment as required to adequately light all work areas and with sufficient power capacity to meet the reasonable needs of the Construction Manager. Contractor shall make all necessary arrangements y with the local electric company for temporary electric service and pay all expenses in connection therewith and pay all electrical bills. D-117 CONTRACTOR REQUIREMENTS PERTAINING TO WALSH RANCH LI'VIITED PARTNERSHIP The contractor shall comply with the requirements of the land owner,Walsh Ranches Limited Partnership(Grantor), for all City of Fort Worth contractors. The following requirements shall be included in this project: A. Insurance. During the course of any construction activity under this Agreement,the City shall require any of the City's contractor(including subcontractors of any tier)to obtain and maintain comprehensive general liability and property damage insurance in an amount not less than $500,000 covering each occurrence of property damage with$2,000,000 umbrella policy coverage. The City shall require any of the City's contractors (including subcontractors of any tier)to include Grantor as an additional insured party on that contractor's comprehensive general liability insurance and automobile liability insurance required by the City and shall require the City's contractors to provide Grantor with a waiver of subrogation on the contractor's workers' compensation insurance policy. B. Damage Claims. During the course of any construction activity under this Agreement,the City shall require any of the City's contractors (including subcontractors of any tier)to indemnify Grantor for the contractor's sole negligence. In addition,the City shall require the contractors to covenant and agree to indemnity,hold harmless, and defend at their own expense, The Grantor, its officers, agents, servants, and employees, from and against all claims or suits for property loss,property damage,personal injury, including death, arising out of,or alleged to arise of, the work and services to be performed in installation of the Facilities by the contractors,their officers, agents, employees, subcontractors, licensees, or invitees. Also during the course of any construction activity under this Agreement,the city shall require the contractors to indemnify and hold harmless Grantor from and against any and all injuries to the Grantor's officers, agents, servants, and employees, loss or destruction of P:A2230-Walsh Ranch\Bidding Ph=\AWen&nn No.2\Ad&ndum No.2.doc -4— CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 Grantor's property arising from the performance of any of the terms and conditions of this Contract. C. Performance of work. The city shall require any of the city's contractors (including any subcontractors of any tier)to perform all work done in 3 connection with the Easements as expeditiously as possible so as not to interfere unreasonably with the use and occupancy of Grantor's property by Grantor,its agents, contractors and subcontractors, employees,invitees, licensees, and representatives. In performing the work or causing the work to be performed,the City shall make adequate.provisions for the safety and convenience of Grantor,its agents, contractors and subcontractors, employees, invitees, licensees,representatives, and livestock. To protect Grantor's livestock,the City shall require that any open trench be temporarily fenced and covered at the end of each workday. In addition the City shall cause all work to be cleaned up as is reasonably prompt in order to minimize disruption or Grantor's inconvenience in the use of its property. D. Restoration of Grantor's property. After any disturbance of the surface of the Grantor's property burdened by the Easements for any purpose authorized under the Easements(whether in connection with initial construction; any reconstruction or replacement, alteration, or repair; any operation or maintenance; any survey or inspection; any relocation within the Easements;removal; or otherwise),the city shall require any of the City's contractors (including subcontractors of any tier)to restore the surface to the same or similar condition as existed before any such - disturbance. E. Replacement of gates and fencing. If any of Grantor's gates and fencing is removed for construction and installation of the Facilities,the City shall require any of the City's contractor's(including subcontractors of any tier) to replace the gates and fencing to the same construction as soon as is practicably possible so as not to permit Grantor's livestock to escape. F. Preservation of trees. Before construction begins,the City's contractors will walk the Easements' right of way with representatives of the City to identify the trees that have been previously shown for preservation on the engineering plans and drawings. The contractor will fence or otherwise adequately mark all trees in the path of the Facilities to be preserved o insure the trees are not removed during construction. P:X2730-WahhRancbWAlingPhasdAddendum No.2WddendumNo.2.doc —5— CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 2 G. Grantor's livestock. In addition to the protections for Grantor's livestock _ contained in this Agreement,the City shall require any of the City's contractors(including subcontractors of any tier)to notify the Grantor or its representative of the portion of any easement o be completed so Grantor may have sufficient time to remove any livestock out of the path of construction and to secure its livestock if a fence must be down temporarily for construction. • Specification Section 01010 Second paragraph of 1.03.0 shall be revised to read as follow: "Construction of a 63,000 gallon welded steel standpipe,valve and vaults, electrical,instrumentation,paving, grading, drainage,piping and all appurtenances." • Specification Section 01300 Add paragraph 1.09: 1.09 MONTHLY PROGRESS PHOTOS "The contractor shall submit monthly progress photos. Submittal shall include one set of hard copy photos and one CD. Each photo shall be properly labeled with description and direction of photo." • Specification Section 01730 The paragraph in 1.04.13 shall be amended as follows: "One electronic form of the O&M Manual shall be provided." • Specification Section 02270 The following sentence shall be added to Section 1.01 Scope of Work: "This specification section shall apply to Storm Water Pollution Prevention Plan as specified in Part H." _ P.\223dWabhRench\BiddingPbnc\AddcndwnNo.2Wd&ndumNo.2doc -6- CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 2 • Specification Section 03100 The first sentence in 1.05.A shall be amended as follows: "All forms and shoring shall be designed at the Contractor's expense by a professional engineer registered in the State of Texas." • Specification Section 03300 Paragraph 3.03 Placing and Compacting shall read paragraph 3.04 Placing and Compacting. • Specification Section 03800 - The second sentence in paragraph 3.01.E shall be amended as follows: `Beneath these areas, install No. 8 reinforcing bars at 6-inches on center each way, extending 4-feet beyond area needing protection." The following sentence shall be added as follows in 3.0l.H: "Red dye shall be added at 10 lbs.per cy." • Specification Section 09901 Delete paragraph 1.02A. • Specification Section 09902 The following sentence shall be amended as follows in 3.02.C.1. "All paint shall be at room temperature before applying, and not painting shall be done when the temperature is below 500F,in dust-laden air,when humidity is greater than 80%,when air or snow is falling,or until all traces of moisture have completely disappeared from the surface to be painted." • Specification Section 11216 r Delete paragraph 2.0l.A.4. PM-M-Wakh Raneh\8idding Phase\Addendum No.2VAddc dum No.2.dw —7— CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 • Specification Section 13210 Add new paragraph 3.03 Standpipe Painting. 1. Steel Standpipe painting shall be specified as noted in specification section 09901 &09902. Paragraph 3.03 Inspection and Testing shall be renumbered to 3.04 Inspection and Testing. Paragraph 3.04 Cleaning and Disinfection shall be renumbered to 3.05 Cleaning and Disinfection. • Specification Section 16000 The following sentence shall be amended as follows in 1.11.B.8. 'Underground raceway and duct bank routing showing horizontal and vertical position." The following sentence shall be amended as follows in 3.07.E. "Make raceway entrances to structures and vaults with PVC coated steel not less than 10-ft long. Raceway terminations and handholds shall be with end bells for PVC conduit and insulated throat grounding bushings for aluminum conduits." P.\=3o-Walsh RencMBiddmg PhueuAddwdum No.2\Adde dumNo.2.doe —8— CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 This Addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and plans. Acknowledge receipt of this Addendum on the space provided below and your Bid Proposal and note on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject bidder to disqualification. RECEIPT ACKNOWLEI?GED: By_ _ — By:L4 -.. 2t / �` —t om ��^ ' Ronald K. Tamada,P.E. Title: Z. Address: T OF r Telephone: RONALD .TAMADA ,-% �GfL7 PAHO-welsh RwrMBidding Yh=dWd=&m No.2WddmddwnNo.I&c —9— CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 3 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WALSH RANCH WATER FACILITIES—PHASE 1 WESTSIDE IV GROUND STORAGE RESERVOIR UNIT 4 CONTRACT City Project No. 00218 WATER PROJECT NO. PW77 060770140580 D.O.E. 4606 Addendum Issued: May 24,2005 Bids Received Until: 1:30 P.M. on June 9, 2005 The construction contract documents for the subject project are hereby revised or amended as follow: I. NOTICE TO BIDDERS The deadline for bidding has been revised. Bids will now be received until 1:30 P.M. on June 9, 2005 instead of 1:30 P.M. on May 26, 2005. The delivery location for the bids will remain the same. PROPOSAL Replace the Proposal, Section B, with Attachment AD3-1. SPECIAL INSTRUCTIONS FOR BIDDERS Note that the M/WBE project goals have been changed to 18%. See Attachment AD3-2. PA2230-Walsh Raneh\Bidding PhauWddendum No.AAddendum No.3.doc -1- CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 3 - II. Plans - • Sheet I-2 (Loop Diagrams I) -Remove Loop No. 1150 in its entirety. -Remove Loop Bo. 2500-01 and 2500-02 in its entirety. -Remove Loop No. 2510-01 in its entirety. II. Specifications • Section 03200 Add the following to paragraph 3.01.F: "A minimum of 50 percent of reinforcing steel intersections shall be tied together. Pattern for reinforcing ties shall be as required by Owner's representative." • Section 13300 Paragraph 4.01 shall be modified as follows: -Remove Loop No. 1150 in its entirety. -Modify Loop No. 2500 with the following: "Loop No. 2500 Hatch Intrusion Detection" The following description is for Loops 2500-03 and 2500-04" 1. Each hatch intrusion alarm shall be indicated and alarmed at the HMI.. PA2730.Walsh Raneh\Bidding PhaadAddrndum No.RAddandum No.3.doc -2- CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 3 -Modify Loop. 2510-01, 02 with the following: "Loop No. 2510-01 and 2510-02 Ladder Intrusion Detection" The following description is for Loops 2500-03 and 2500-04" 1. The standpipe ladder intrusion alarm shall be indicated and alarmed at the HMI.: PA2230-Walsh Ranch\Bidding Phaw\Addendum No.3Wddadum No.3.doc —3— s CITY OF FORT WORTH,TEXAS WATER DEPARTMENT ADDENDUM NO. 3 This Addendum forms a part of the Contract Documents referenced above and modifies the original Contract Documents and plans. Acknowledge receipt of this Addendum on the space provided below and your Bid Proposal and note on the outer envelope of your a bid. Failure to acknowledge receipt of this Addendum could subject bidder to disqualification. RECPJFT ACKNOWLEDGED:/' �t- By: lce� By:� _92�wmm 10 _7' Ronald K.Tar4ada, P.E. ,r Title: go '.� � or 0*0 Address,. '� •-,gh! � f 3- w.rtMea.s3�w Telephone: 4�—. --- — RONALDeTsK.. TAIMADA ;gyp�OGC2W:.:yi:i'ivv a..b�i.Y�iNNs2C 62637 ` -�.';'_''9s sae•��.'y�°'r '�'`✓ PAWO-Wash P=ch\Bidding PhuMMendum No.3\Wddmdum No.3.doc —4— CITY OF FORT WORTH WALSH RANCH WATER FACILITIES—PHASE I WESTSIDE IV GROUND STORAGE RESERVOIR—UNIT 4 SPECIFICATIONS TABLE OF CONTENTS PART A NOTICE TO BIDDERS Detailed Notice to Bidders Special Instructions to Bidders PART B PROPOSAL Proposal Minority and Women Business Enterprise Specifications Special Instructions for Bidders Subcontractors/Suppliers Utilization Form Prime Contractor Waiver Form Good Faith Effort Form Joint Venture Eligibility Form PART C GENERAL CONDITIONS PART CS SUPPLEMENTARY CONDITIONS (TO PART C) PART D SPECIAL CONDITIONS PART E SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01011 Site Conditions 01035 Control of Work 01040 Construction Sequence 01171 Electric Motors 01200 Project Meetings 01300 Submittals 8. 01410 Testing and Testing Laboratory Services 01445 Pipeline Testing and Cleaning 01465 Equipment Testing and Startup 01500 Temporary Facilities 01510 Construction Temporary Controls 01600 Delivery, Storage and Handling 01656 Disinfection of Potable Water Facilities 01680 Watertightness Test for Hydraulic Structures 01700 Contract Closeout 01720 Project Record Documents 1 01730 Operation and Maintenance Data 01740 Warranties and Bonds +� Toc TOC-1 Manch 2005 DIVISION 2 SITEWORK 02100 Site Preparation 02140 Dewatering and Drainage 02200 Earthwork(Structures) 02213 Rock and Boulder Excavation 02221 Trenching,Backfilling and Compaction(Pipelines) s 02230 Granular Fill Materials 02270 Erosion and Sedimentation Control 02612 Reinforced Concrete Pipe(For Drains) 02616 Ductile Iron Pipe and Fittings 02640 Valves,Hydrants and Appurtenances -- 02825 Fences and Gates DIVISION 3 CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcement 03250 Concrete Joints and Accessories 03300 Cast-in-Place Concrete 03350 Concrete Finishes 03600 Grout 03800 Concrete Electrical Raceway Encasement DIVISION 4 MASONRY—NOT USED DIVISION 5 METALS 05500 Miscellaneous Metals DIVISION 6 WOOD AND PLASTICS—NOT USED -- DIVISION 7 THERMAL AND MOISTURE PROTECTION 07115 Bituminous Dampproofing 07190 Water Repellents 07900 Joint Sealant DIVISION 8 DOORS AND WINDOWS—NOT USED ._. DIVISION 9 FINISHES k 09821 Cementitious Finish 09901 Surface Preparation and Shop Priming Painting 09902 Painting Toc TOC-2 March 2005 = DIVISION 10 SPECIALTIES—NOT USED DIVISION 11 EQUIPMENT 11216 Sump Pumps DIVISION 12 FURNISHING—NOT USED DIVISION 13 SPECIAL CONSTRUCTION 13205 -Wire W-rapped Precast,Prestressed—Concrete Tank----- ow 13210 Welded Steel Tank 13300 Process Instrumentation and Controls—General Provisions 13315 Process Instrumentation and Controls—Products 13325 Controls Panels and Panel Mounted Equipment 13335 Licensed Radio System DIVISION 14 CONVEYING SYSTEM—NOT USED DIVISION 15 MECHANICAL 15061 Steel Pipe 15072 Ductile Iron Pipe and Fittings 15100 Valves and Fittings 15120 Piping Specialties 15140 Pipe Hangers and Supports 15853 Power Ventilators or DIVISION 16 ELECTRICAL 16000 Electrical PART F BONDS Certificate of Insurance Contractor's Compliance with Worker's Compensation Law Performance Bond Payment Bond Maintenance Bond PART G CONTRACT PART H APPENDIX Storm Water Pollution Prevention Plan Toc TOC-3 March 2005 City of Fort Worth Northside Pump Station and Ground Storage Reservoir Project NOTICE TO BIDDERS Sealed proposals for the following: FOR: WALSH RANCH WATER FACILITIES—PHASE I WESTSIDE IV GROUND STORAGE RESERVOIR—UNIT 4 WATER PROJECT NO. PW77-060770510050 DOE PROJECT NO. 4606 Addressed to Mr. Charles Boswell, City Manager of the City of Fort worth,Texas,will be received at the office of the Purchasing Manager, Lower Level, Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas 76102,until 1:30 P.M.,May 19,2005. Bids will be publicly opened and read aloud at 2:00 P.M. the same day, in the Fort Worth City Council Chambers. Contract Documents,including plans and specifications,have been prepared by CDM(Camp Dresser&McKee Inc.), 777 Taylor Street, Suite 1050,Fort Worth,Texas 76102,(817)332- 8727, and may be examined without charge at their office. Contract Documents may be obtained from CDM, at the above address for a non-refundable charge of.- Set fSet of Specifications and one half size Plans $150.00 Set of Specifications and full size Plans $250.00 Copies of the geotechnical report, including the boring log information, from the geotechnical investigation are available from the Engineer upon request. The geotechnical report was prepared for design purposes only. It shall be the responsibility of the Contractor to review the information to determine if the geotechnical data is adequate for construction. The Contractor shall provide any additional geotechnical data necessary to determine the scope of the earthwork and trenching required for this project. General Contract Documents and Specifications for Water Department Projects,dated January 1, 1978,with the latest revisions, also comprise a part of the Special Contract Documents for this project and may be obtained by paying a non-refundable fee of$50.00 for each set at the Planning&Engineering Division office of the Fort Worth Water Department, 1000 Throckmorton Street,Fort Worth, Texas 76102. 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,prohibiting discrimination in 7 employment practices. Bidders must be prequalifed by the City to bid on this project. OR Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The project includes: -Site-preparation and construction of a 2.5 MG wire wrapped precast;prestresse ssmcwW 4ank-wifli-Ty wHfe,&roe-walla 63,000 gallon steel standpipe, associated piping, instrumentation,electrical, drainage facilities and other appurtenances. Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90)days after the opening of bids,but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the Contract. NSS0515_PTA A-1 4/20/05 City of Fon Worth .� Northside Pump Station and Ground Storage Reservoir Project 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 CDM (Camp Dresser McKee Inc.) at 817-332-8727. 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. A mandatory pre-bid meeting will be held on May 9,2005 beginning at 9:00 a.m. in City Pre- Council Chambers at City Hall, 1000 Throckmorton Street,Fort Worth,Texas 76102.Failure to attend shall result in the rejection of the bid as non-responsive. The Managing Department for this project is the Fort Worth Department of Engineering. For additional information,please contact Ronald K. Tamada, P.E., CDM at(817) 332-8727. CHARLES BOSWELL CITY MANAGER MARTY HENDRIX CITY SECRETARY Advertisement Dates: April 21, 2005 April 28, 2005 NSS0515.PTA A-2 4/20/05 - City of Fort Worth Northside Pump Station and Ground Storage Reservoir Project SPECIAL INSTRUCTIONS TO BIDDERS 1. PREQUALIFICATION REQUIREMENTS. All general contractors submitting bids and tank contractors(bidders to General Contractors) 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 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 equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7)calendars 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 independent public accountant holding a valid permit issued by i� an appropriate State licensing agency and shall have been so prepared as to reflect the [ financial status of the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new A statement is being prepared,the previous statement shall be updated by proper verification. b) For a General Contractor's experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in the work of both the same nature and technical level as that of the project for which bids are to be received. Such experience must have been on projects completed not more than five(5)years prior to the date on which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial and experience qualification to bid on any Fort Worth Water Department �— project. d) Bid 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. m 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 protect on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. h) 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. i) Prequalification Requirements for Tank Contractors 1) Tank Contractors shall submit a complete record of their experience in the design and construction of precast,prestressed concrete tanks conforming to AWWA D 110, Type III. The experience record form 13205-A(contained at the end of Specification 13205)shall be used. Record shall indicate the size of the tank,the name and address of the Owner, the year of construction, and the name of the Engineer for each project. NSS05.15.PTA A-3 4/20/05 City of Fort Worth Northside Pump Station and Ground Storage Reservoir Project 2) Qualification of Bidders: Each tank contractor bidding this work shall be a specialist on the design and construction of circular,precast,wire wound prestressed, concrete tanks in accordance with AWWA D110, Type III,and shall have constructed a minimum of ten(10)such structures of 4 million gallons or greater in the State of Texas which have been in successful service for a minimum of five(5)years. 3) Prequalified Bidder: The following tank contractors are prequalified to bid on design and construction of the prestressed concrete tank specified: Natgun Corporation, Wakefield Massachusetts Preload,Inc.,Hauppauge,New York 4) Each bidder is required to state,on the face of his sealed proposal the name of the prequalified tank contractor. Sealed proposals which do not state the name of a — prequalified tank contractor will be returned to the bidder unopened. 2. SUBMITTAL REQUIRED WITH BID: Tank Contractors shall provide a statement of full compliance with these specifications sealed by a registered professional engineer in the State of Texas. Form 13205-B (Contained at the end of the Specification 13205)shall be submitted with bid. 3. BID SECURITY. A cashier's check, or an acceptable bidder's bond,payable to the City of Fort Worth,in the amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond, (1)the name of the surety company shall be included on the current U.S. Treasury list of acceptable sureties,or (2)the surety company must have capital and surplus equal to ten times the limit on the bond. t The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the U.S. Treasury list or one-tenth (1/10)the total capital and surplus. 4. 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 C3-3.7. 5. WAGE RATES. Not less that the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents,must be paid on this project. 6. AMBIGUITY: In the case of ambiguity or lack or 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. 7. BIDDER LICENSE: Prior to the award of contract to an out-of-state bidder,the bidder shall be licensed to do business in the State of Texas. For licensing procedures,contact the Texas Secretary of State Offices(Telephone Number 1-512-463-5555 or 1-900-263-0060) 8. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statues,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 Texas resident bidder by the same amount that a Texas resident would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident principal place of business is located. NSS0515.PTA A-4 4/20/05 w` City of Fort Worth Northside Pump Station and Ground Storage Reservoir Project "Nonresident bidder"means a bidder whose principal place of business is not in this state, but excludes a contract whose ultimate parent company or majority owner has a place of business in the State of Texas. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 9. AGE: In accordance with the policy("Policy") of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members, agents, employees,program participants or subcontractors,while engaged in performing this contract, shall,in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members agents,employees, subcontractors,program participants, or persons acting on their behalf, shall specify, in solicitation or advertisement 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 104 City harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractors' alleged failure to ` comply with the above referenced Policy concerning age discrimination in the performance of the contract. 10. DISABILITY: In accordance with provision of the American 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 the Contractor or any of its subcontractors. Contract warrants it will fully comply with RDA's provision and any other applicable Federal, State, and local laws concerning disability and will defend,indemnify and hold harmless against any claims or allegations asserted by third parties or subcontractors against the City arising out of the Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this contract. 11. 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 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. L The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM ,PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department m NSS0515.PTA A-5 4/20/05 City of Fort W-ior—. Northside Pump 9tation and Ground Storage Reservoir Project 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. 12.ADDENDA: Bidders wanting further information,interpretation or clarification of the contract documents must make their request in writing to the Fort Worth Water Department s Engineering Services, at least 96 hours prior to bid opening. Answers to all such requests will be bound and made a part of the Contract Documents, or should the bidder be in doubt as to their meaning,the bidder should at once notify the Fort Worth Water Department Engineering Services, in order that a written addendum may be sent to all bidders. Any addenda issued will be mailed or be delivered to each prospective bidder. The bid proposal as submitted by the bidder must be so constructed as to include any addenda issued by the Fort Worth Water Department,prior to 24 hours of the opening of bids with appropriate _ recognition of addenda so noted in the bid proposal. 13.PRE-BID CONFERENCE:A mandatory pre-bid conference for bidding Contractors will be held by representatives of the Fort Worth Department of Engineering,Fort Worth Water Department and the consulting engineers at 9:00 AM on May 9,2005 in the City Pre-Council Chambers at City Hall, 1000 Throckmorton Street,Fort Worth,Texas 76102. This conference is for the purpose of interpretation for bidding Contractors of Contract Documents, including plans and specifications,for construction of the Project. Only comments addressed in subsequent Addenda will be binding. This conference will be open to subcontractors and material suppliers;however,if any -- subcontractor or material supplier have any questions requiring an interpretation of the plans and specifications, such questions shall be presented in the conference through a bidding (prime) Contractor. During the conference,request for interpretations will be limited to bidding Contractors only, and subcontractors and material suppliers will not be permitted the privilege of the floor for the presentation of questions. Failure to attend shall result in the rejection of the bid as non-responsive. - END OF SECTION NSS0515.PTA A-6 4/20/05 City of Fort Worth Attachment AD3-1 Walsh Ranch Water Facilities—Phase I Ground Storage Reservoir 2230-40761 PROPOSAL (This Proposal shall be attached to the Specifications Volume of the Contract Documents and submitted with appropriate supporting documents.) 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: WALSH RANCH WATER FACILITIES—PHASE I WESTSIDE IV GROUND RESERVOIR—UNIT 4 WATER PROJECT NO. PW77-060770510050 DOE PROJECT NO.4606 Pursuant to the foregoing Notice to Bidders,the undersigned Bidder,having thoroughly examined the Contract Documents,including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects,the site of the project and understanding the amount of work to the done,and the prevailing conditions,hereby proposes to do all the work,furnish all labor,equipment and material except as specified to be furnished by the City, which is necessary to fully complete the work as provided in the Plans and Contract Documents and subject to the inspection and approval of the Director of the Fort Worth Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond,Payment Bond,Maintenance Bond, and such other bonds,if any,as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: Item Estimated Brief Description of Item Unit Bid Price Amount No. Quanti With Unit Bid Price in Words in Figures in Figures 1 1 Construction of the Walsh Ranch Water L.S. Facilities—Phase I Westside IV Ground Storage Reservoir—Unit 4, complete, ex uding Bid Item 2. Dollars $ 9� $ � !L and 11/10 Cents per Lump Sum 2 1 ALLOWANCE for Owner selected L.S. Process Control System Supplier (PCSS) work, including PLC and HMI software programming services } Eighty two thousand two hundred $ 82,200.00 $ 82,200.00 Dollars and no Cents per Lump Sum Proposal B-1 March 2005 City of Fort Worth Attachment AD3-1 Walsh Ranch Water Facilities—Phase I Ground Storage Reservoir 2230-40761 Item Estimated Brief Description of Item Unit Bid Price Amount No. Quanti With Unit Bid Price in Words in Fil?ures in Figures 3 ALLOWANCE for Electrical Service to L.S. site. The owner reserves the right to adjust this amount to the actual charged by the Electrical Service provider. Dollars $20,000.00 $20,000.00 no Cents per Lump Sum 4 300 Design,Installation and Removal of L.F. T cSafety,System O A�� Dollars and AV Cents /� /� per Linear Foot $ $ �/qz TOTAL BID PRICE(Items 1 through 3). Acre nI,ry Awe" (in words) (in figures) Bidder shall list below the manufacturer that will be used on this project for the 63,000 gallon Welded Steel Standpipe. ef& The Welded Steel Standpipe Manufacturer will beII, 4,51 ' Within ten(10)days after acceptance of this proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this contract. The attached bid security in the amount a 5%is to become the property of the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978,and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the Specific Contract Documents and appurtenant drawings. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors,or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. Proposal B-2 March 2005 City of Fort Worth Attachment AD3-1 Walsh Ranch Water Facilities-p Phase I Ground Storage Reservoir 2210.40761 The Bidder agrees to begin construction within 10 Calendar Days after issue of the work order, and to complete the contract by May 1, 2006, and to meet the Substantial Completion requirements specified in Specification Section 01700 (Check A or B as appropriate and fill in blanks where applicable.) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the 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) Addendum No. 4(Initials) ,f _ Respectf lly submitted, By: Title: Address: ) i101 VO;49r ( & V d11 X6 01 y Telephone: �'7 (SEAL) If Bidder is Corporation Date: Proposal B-3 March 2005 F. o_TWO RT H City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE 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. MNVBE PROJECT GOALS The City's MBE/W BE goal on this project is 18%of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening 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. stated goal: .. 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: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)871-6104. Rev.5/30/03 ATTACHMENT 1A Page,1 of 4 +. FOR ORT City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NA Check applicable block to describe prime 6 PROJECT NAME: M/W/DBE NON-M/W/DBE WALSH RANCH WATER FACILITIES — PHASE I BID DATE WESTSIDE IV GROUND RESERVOIR— UNIT 4 ��? q A 1 106 City's M/WBE Project Goal: Prime's MMBE Project Utilization: PROJECT NUMBER is Water Project No.PW77-060770140580 18% ] % D.O.E.No.4606 s � Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MNVBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications 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. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct �4 payment from the prime contractor to a subcontractor is"considered 1 s` tier, a payment by a subcontractor to its supplier is considered 2nd tier 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 MinorityNVomen Business Enterprise(M/WBE). .® If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MNVBE may lease trucks from another MNVBE firm, including M/WBE owner-operators, and receive full MNVBE credit. The MNVBE may lease trucks from non-MNVBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MNVBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT IA Page 2 of 4 FORT WORTH _ Primes are required to identify ALL subcontractors/suppliers,regardless of status; i.e.,Minority,Women and non-M/W BEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address I M W -- Telephone/Fax r B B R O B E E C T E Ow otuc,04'%m g90.9gago _ - 3a- �wtwn 6jq#)4 �0 P'04, 10017 � F Rt(a m Td•16/61rNtzi Cone 411, 9-1919 11,6ft ells AS , - Cvmp �i � +inl,��' r►�, Chi Ad kre � L.41mow �r1�e, gu�F 3741 won .. 91�}-3 D3�CIOgr'p Rev.5/30/03 FORT WORTH ATTACHMENT 1A Page13 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. �. Certification N (check one) o SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail C X M Subcontracting Work Supplies Purchased Dollar Amount Address I M W D VY Telephone/Fax r B B R O B E E C T E A fie 9 0�ld;o bw5fflm '00 PAW $9�9�a�,n line Conk, - cbo� i�e,s Rtr 1uS �! IIgD ' I�', cued (o,09-701 $19-54q-`3331 All tAt for/�►'� �, �.o, Kai Pr( , �S TOO.� V4171-LbUy V SSI-�Sy OP0*0 PSS Pike i — � (g m qlaA4- 3SO 11IX0, 606.49 t P,Pu� 010 Pd, �IlPss 1�.9Coa�1� Rev.5/30/03 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTORISUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D Vy Telephone/Fax r B B R O B E E C T E A (011 S�(►�RI>a � Wilk ��-43P IKI ao jrlv9k, 611 o,rw qo w cog) wqQ ,11.1w ,�iaR i llo� � l� �'Dnci bor,�s 44, 47 Say- �U� jillin�•/ � ��OrI l ©� PJ% �`� ► �� � �1 In 40a-Xr7' Rev.5/30/03 Fox_ T�x Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first,use additional sheets if necessary. Certification N (check one) 0. SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M W C X M Subcontracting Work Supplies Purchased Dollar Amount r B B T D W. Telephone/Fax R O 8 E E C T E A pff,N*V,�Y-0 r i-. -414"'q pip 9#� Taos Vii.VAO Pip 1 30" �o����u ��, dJI fo11�J ✓ �p)�ek�11 pQ�, q6c. � �I�-X31-3�1 V-0-305 M� r; Rev.5/30/03 r' ATTACHMENT 1B FORT WORTH VOR Page 1 of 1 Ci ort Worth Prime Contractor Waiver Form PRIME COMPANY AME: Check applicable block to describe CAIA1,T610 ri��GOMM/DBE NON-MM/DBEPROJECT NAME: WALSH RANCH WATER FACILITIES—PHASE IBID DATE WESTSIDE IV GROUND RESERVOIR—UNIT 4 Uoe g City's M/WBE Project Goal: PROJECT NUMBER Water Project No.PW77-060770140560 18% D.O.E.No.4606 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 both 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 project, NO this is your normal business practice and provide an operational profile of your 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 MMBE(s)on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the 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 _ period of time not less than one 1 year. att:hi youob Authorized Signature Printed Signature �iSiBn t A/mpa Title Contact Name(if different) IV Company Name p Phone Number Fax Number W. l�h��esr�r a, X 430 00iV0UP,1 KA1,Cbm Address Email Address . A1 �n 6/IbIOS _ City/state/ZIO Date Rev.5130/03 FORTWORTH ATTACHMENT 1A � Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ /10i Al( Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ a to,snc6o TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ YO)L<ql q6 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Additlon. Any unjustified change or deletion shall be a material breach of contrail and may result in debarment in accord with the procedures outlined in the ordinance. The contractor — shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. 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 MNV/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. Au a Siii nat Printed Signature (iiwn /111�OL Title Contact Namefritle(if different) Alapton 6IM&I qwkirw- 2 4,r Company Name Telephone and/or Fax mow. Uhc � �� ��� �nf��lh�nl,Cor►�► ... Address E-mall Address Uri t ,ow _ chyrataw4p i?am — Rev.5/30/03 PART C- GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER 1, 1987 TABLE OF CONTENTS Cl-1 DEFINITIONS C1-1 (1) C1-1.1 Definition of Terms C1-1 (1) Cl-1.2 Contract Documents C 1-l (2) C1-1.3 Notice to Bidders Cl-1 (2) C1-1.4 Proposal Cl-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 Cl-1 (2) _ C1-1.9 Bonds Cl-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans Cl-1 (3) C1-1.12 City Cl-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor Cl-1 (3) CI-1.15 City Manager C1-1 (3) CI-1.16 City Attorney C1-1 (3) Cl-1.17 Director of Public Works Cl-1 (3) Cl-1.18 Director, City Water Department Cl-1 (3) C1-1.19 Engineer C1-1 (3) C1-1.20 Contractor Cl-I (3) _ 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 Days CIA (4) Cl-1.25 Legal Holidays Cl-1 (4) _ CI-1.26 Abbreviations Cl-1 (4) C1-1.27 Change Order C1-1 (5) C 1-1.28 Paved Streets and Alleys Cl-1 (5) C1-1.29 Unpaved Streets or Alleys Cl-I (6) C1-1.30 City Street C1-1 (6) C1-1.31 Roadway C1-1 (6) CI-1.32 Gravel Street Cl-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site of Project C2-2(2) C2-2.4 Submitting of Proposal C2-2 (2) (1) C2-2.5 Rejection of Proposals C2-2 (3) C2-2.6 Bid Security C2-2 (3) - C2-2.7 Delivery of Proposal C2-2 (3) C2-2.8 Withdrawing Proposals C2-2 (3) C2-2.9 Telegraphic Modifications of Proposals C2-2 (3) 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 (4) 0-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3.1 Consideration of Proposals C3-3 (1) C3-3.2 Minority Business Enterprise/Women Business C3-3 (1) _ Enterprise Compliance C3-3.3 Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (1) 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 (3) C3-3.9 Failure to Execute Contract C3-3 (3) C-3-3.10 Beginning Work C3-3 (4) C3-3.11 Insurance C3-3 (4) C3-3.12 Contractor's Obligations C3-3 (6) C3-3.13 Weekly Payrolls C3-3 (6) C3-3.14 Contractor's Contract Administration C3-3 (6) C3-3.15 Venue C3-3 (7) C4-4 SCOPE OF WORK. C4-4.1 Intent of Contract Documents C4-4 (1) C4-4.2 Special Provisions C4-4(1) C4-4.3 Increased or Decreased Quantities C4-4 (1) _ C4-4.4 Alteration of Contract Documents C4-4(2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operation 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 PIans C5-5 (1) -- 05-5.3 Coordination of Contract Documents C5-5 (1) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (2) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) (2) C5-5.8 Authority and Duties of City Inspector C5-5 (3) C5-5.9 Inspection C5-5 (4) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (4) C5-5.11 Substitute Materials or Equipment C5-5 (4) C5-5.12 Samples and Tests of Materials C5-5 (5) C5-5.13 Storage of Materials C5-5 (5) C5-5.14 Existing Structures and Utilities C5-5 (5) C5-5.15 Interruption of Service C5-5 (6) C5-5.16 Mutual Responsibility of Contractors C5-5 (7) C5-5.17 Clean-Up C5-5 (7) C5-5.18 Final Inspection C5-5 (8) 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 (1) C6-6.5 Public Safety and Convenience C6-6 (2) C6-6.6 Privileges f Contractor in Streets,Alleys, C6-6 (3) and Right-of-Way C6-6.7 Railway Crossings C6-6 (3) C6-6.8 Barricades, Warnings and Flagmen C6-6 (3) C6-6.9 Use of Explosives, Drop Weight, Etc. C6-6 (4) C6-6.10 Work Within Easements C6-6 (5) C6.6.11 Independent Contractor C6-6 (6) C6-6.12 Contractor's Responsibility for Damage Claims C6-6 (6) C6-6.13 Contractor's Claim for Damages C6-6 (8) C6-6.14 Adjustment or Relocation of Public Utilities, Etc. C6-6 (8) C6-6.15 Temporary Sewer and Drain Connections C6-6 (8) C6-6.16 Arrangement and Charges for Water Furnished by the City C6-6 (9) C6-6.17 Use of a Section or Portion of the Work C6-6 (9) C6-6.18 Contractor's Responsibility for the Work C6-6 (9) C6-6.19 No Waiver of Legal Rights C6-6 (9) C6-6.20 Personal Liability of Public Officials C6-6 (10) C6-6.21 State Sales Tax C6-6(10) 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 Limitation of Operations C7-7 (2) C7-7.5 Character of Workmen and Equipment C7-7 (2) C7-7.6 Work Schedule C7-7 (3) C7-7.7 Time of Commencement and Completion C7-7(3) C7-7.8 Extension of Time Completion C7-7 (3) (3) sr C7-7.9 Delays C7-7 (4) C7-7.10 Time of Completion C7-7(4) C7-7.11 Suspension by Court Order C7-7 (5) C7-7.12 Temporary Suspension C7-7 (5) C7-7.13 Termination of Contract due to National Emergency C7-7 (6) C7-7.14 Suspension or Abandonment of the Work C7-7 (6) and Annulment of the Contract: C7-7.15 Fulfillment of Contract C7-7 (8) C7-7.16 Termination for Convenience of the Owner C7-7(8) C7-7.1.7 Safety Methods and Practices C7-7 (11) _ C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement Of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) 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 (4) C8-8.12 Miscellaneous Placement of Material C8-8 (4) C8-8.13 Record Documents C8-8 (4) (4) PART C- GENERAL CONDITIONS CIA DEFINITIONS SECTION C I A 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 in 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 on the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and Include the following Items PART A-NOTICE TO BIDDERS (Sample) White PART B -PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green " PART E - SPECIFICATIONS El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F-BONDS (Sample) White PART G- CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and 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) 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. AM 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. Cl-1.6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govem 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. Whenever there may be a conflict between the General Conditions and the Special Conditions,the latter shall take precedence. . .. 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 set forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed an 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 BONDS: The bond or bonds are the written guarantee or security furnished by the Contractor for prompt and 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 (2) C 1-1.10 CONTRACT: The Contract is a formal signed agreement between the owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1.11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner's representative showing in detail the location, dimension and position of the various elements of the project, including such profiles, typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from the other parts of the Contract Documents, but they are part of the Contract Documents just as though they were bound therein. C 1-1.12 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 Manager, each of which is required by charter to perform specific duties. Responsibility for final enforcement of the Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terns City and Owner are synonymous. C1-I.13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. C 1-1.14 MAYOR: The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth,Texas. CI-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas,or his duly authorized representative. CI-1.16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth,Texas, or his duly authorized representative. CI-1.17 DIRECTOR OF PUBLIC WORKS:,The officially appointed official of the City i of Fort Worth, Texas, referred to in the charter as the City Engineer, or his duly authorized representative. C1-1.18 DIRECTOR CITY WATER DEPARTMENT: The officially appointed Director of the City Water Department of the City of Fort Worth, Texas, or his duly .,. authorized representative,assistant, or agents. CI-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,person's,partnership, company, firm, association, or corporation, entering into a contract with the Owner for the execution of work, acting C1-1 (3) directly or through a duly authorized representative. A sub-contractor is a person, firm, 4 corporation, supplying labor and materials or only labor, for the work at the site of the project. C1-1.21 SURETIES: The Corporate bodies which are bound by such bonds as 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 weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m., with exceptions as permitted in paragraph C7-7.6 CI-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 MW City Council of the City of Fort Worth for observance by City employees as follows: 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 Forth 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 a 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 as the holiday. CI-1.26 ABBREVIATIONS: Whenever the abbreviations defined herein appear in the Contract Documents,the intent and meaning shall be as follows: Cl-1 (4) AASHTO - American Association of State MGD - Million Gallons Highway Transportation Officials per Day ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second IAW - In Accordance With Min. - Minimum ASTM - American Society of Testing Mono. - Monolithic Materials % - Percentum AWWA - American Water Works R - Radius Association I.D. - Inside Diameter ASA - American Standards Association O.D. - Outside Diameter HI - Hydraulic Institute Elev. - Elevation Asph. - Asphalt F - Fahrenheit Ave. - Avenue C - Centigrade Blvd. - Boulevard In. - Inch CI - Cast Iron Ft. - Foot CL - Center Line St. - Street GI - Galvanized Iron CY - Cubic Yard Lin. - Linear or Lineal Yd. - Yard lb. - Pound SY - Square yard MH - Manhole L.F. - Linear Foot Max. - Maximum D.I. - Ductile Iron C1-1.27 CHANGE ORDER: A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25%of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C 1-1.28 PAVED STREETS AND ALLEYS: A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment,not including an oiled surface,with or without separate base material. 3. Brick,with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. CIA (5) CI-1.29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other surface is any area except those defined for"Paved Streets and Alleys." CI-1.30 CITY STREET: A city street is defined as that area between the right-of-way lines as the street is dedicated. CI-1.31 ROADWAY: The roadway is defined as the area between parallel lines two r (2') back of the curb lines or four (`4) feet back of the average edge of pavement where no curb exists. C1-1.32 GRAVEL STREET: A gravel street is an unimproved 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 Aft 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 no more than one(1)year old. -- In the case that 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 completed not more than five (S) years prior to the date on which Bids 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 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 (1) 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 fon-nal 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 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 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 investigation, 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, on the plans are for general information only and may not be correct. Neither the 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 work contemplated or furnish the materials required. All such prices shall be written legibly. In case of discrepancy ,. between 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 of the firm, association,or partnership, or by person duly authorized. If a proposal is submitted by a company or corporation, the company or corporation 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 l" C2-2 (2) -- of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. Am 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, erasures, or irregularities of any kind, or contain unbalanced 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 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. C2-2.7 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 marker 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 a Manager cannot be withdrawn prior to the time set for opening proposals. A request for non-consideration must be made in writing, addressed to the City Manager, and filed with him prior to the time set for 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 TELEGRAHIC MODIFICATIONS OF PROPOSALS: Any Bidder may modify .� his proposal by telegraphic communication at any time prior to the time set for opening proposals, provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time,no further consideration will be given to the proposal. C2-2 (3) 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 "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 Owner reserves the right to waive any 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 can not be waived. C2-2.12 DISQUALIFICATION OF BIDDERS: Bidders may be disqualified and their proposals not considered for any of,but not limited to,the following reasons: a) Reasons for believing that collusion exists among bidders. b) Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C) The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d) The bidder being in arrears on any existing contract or having defaulted on a previous contract. e) The bidder having performed a prior contract in an unsatisfactory manner. f) Lack of competency as revealed by financial statement, experience r� statement, equipment schedule, and such inquiries as the Owner may see fit to make. g) Uncompleted work which, in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h) The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: .. 1. Financial Statement showing the financial condition of the bidder as specified in Part"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 the bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2 (4) #- 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 the 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 ward 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 may be 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 the Owner, to allow and audit and/or an examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal, state or local laws and ordinances relating to false statements; further, any such misrepresentation may be grounds for disqualification of Contractor at Owner's discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6)months. C3-3.3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinances prohibiting discrimination in employment practices. 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 (1) C 3-3.5 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 award is made, will be to the lowest and best responsive bidder. MM The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. EM 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 the amount of 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 use of inferior materials. This performance bond shall guarantee the payment for all labor, materials, equipment, supplies, and services used in the constriction 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 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 payment of all claimants as defined in Article C3-3 (2) 5160, Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56`h Legislature, Regular Session, 1959, effective April 27, 1959, and/or the latest version thereof, supplying labor and materials in the loft 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 i to the Owner. In order to be acceptable, the name of the surety shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that .� company. Each bond shall be properly executed by both the Contractor and Surety Company. �- Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a 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 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 annual 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 occurring 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 the Owner will C3-3 (3) suffer by reason of such failure on the part of the Awardee and shall thereupon — immediately by forfeited to the Owner. The filing of a proposal will be considered as acceptance of this provision by the Bidder. C-3-3.10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner. Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed "Work Order" or "Proceed Order", it is agreed that the Surety Company low 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 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-contractor's certificate of insurance for approval. The prime Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor Shall procure and shall maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in the 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 .r damage with $2,000,000 umbrella policy coverage. b. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a 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. r• 3. Collapse of buildings or structures adjacent to excavation (if excavation are performed adjacent to same). 4. Damage to underground utilities for$500,000. 5. Builder's risk(where above-round structures are involved). rr C3-3 (4) 6. Contractual Liability (covers all indemnification requirements of Contract). C. 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. d. 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. e. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to the Owner. (Sample attached.) All insurance requirements.made upon the Contractor shall apply to the sub-contractors, should the Prime Contractor's insurance not cover the sub-contractor's work operations. C3-3.12 CONTRACTOR'S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials, labor and services when due. i loft C3-3 (5) C3-3.13 WEEKLY PAYROLLS: A certified copy of each payroll covering payment .. of wages to all persons 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 made responsible to act for the Contractor in all matters low pertaining to the work governed by the Contract whether it be administrative or other wise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditure, all claims against work or any other mater associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for the 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 offices with the understanding that this written assignment of authority to the 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 the 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 allowed for periods in which work stoppages are in effect for this reason. C3-3.15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant r• County, Texas. C3-3 (6) 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 constrict 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, the "Special Provisions" Bib covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for any such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be 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 twenty-five (25) percent of the contemplated quantity of such item or items. When such changes increase or decrease the original f 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 not shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories, shall be interpreted herein as applying to overall quantities of sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4(1) C4-4.4 ALTERATION OF CONTRACT DOCUMENTS: By Change order, the owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner,provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4.5 EXTRA WORK: Additional work made necessary by changes and alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided however, that before any extra work is begun a "Change order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following ,r methods: a. Unit bid price previously approved. ,M b. An agreed hump 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 percent 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 owner by him and used for 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 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 -r request to the Engineer for written orders authorizing such Extra Work,prior to beginning such work. C4-4 (2) .. i Should a difference arise as to what does or dose 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 accurate account of the actual reasonable cost thereof as provided under method (Item Q. 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 "e done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon said Extra Work. y' 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 of the change or extra work. C4-4.6 SCHEDULE OF OPERATION: 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 shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x I I" 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 the 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 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 Engineer. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. C4-4(3)