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Contract 32524
CITY SECRETARY D.O.E. FILE CITY SECRETARY 3 CONTRACTOR'S BONDING CO. CONTRACT NO. CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR BERRY STREET STREETSCAPING PROJECT from Henderson Avenue to Evans Avenue T&PW Project No. C115-020115023226 D.O.E.#4278 IN THE CITY OF FORT WORTH, TEXAS 2005 MICHAEL J. MONCRIEF CHARLES R.BOSWELL MAYOR CITY MANAGER ROBERT D. GOODE,P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT S. FRANK CRUMB,P.E. ACTING DIRECTOR OF WATER DEPARTMENT DOUGLAS RADEMAKER,P.E. DIRECTOR OF ENGINERING DEPARTMENT Prepared by: Huitt-Zollars,Inc. 3131 McKinney Avenue,Suite 600 . :� g � � 4�• Dallas, Texas 75204 (214) 871-3311 (214)871-0757 (fax) ORIGINAL. W .. XFWNetorg "ame I Council Agenda I M&C I Employee Directory ( Morning Report I Ads I PAS I IT Online .1 Departments Print M&C COUNCIL ACTION: Approved on 9/27/2005 -Ordinance No. 16627-09-2005 DATE: 9/27/2005 REFERENCE NO.: C-21038 LOG NAME: 30BERRY COLE CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Adopt Appropriation Ordinance and Authorize Execution of a Construction Contract with Cole Construction, Inc., for Berry Street Streetscape from Henderson Street to Evans Avenue RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1)Authorize the transfer of$382,320. of Capital Improvement Program (CIP) funds approved for the Berry Street Project from the Street Improvements Fund to the Grant Fund to use as matching funds for the STEP grant; 2)Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Grants Fund in the amount of$1,274,400; and 3) Execute a contract with Cole Construction, Inc., in the amount of$1,024,222.50 for Berry Street Streetscape from Henderson Street to Evans Avenue. DISCUSSION: On September 19, 2000, (M&C G-13014)the City Council adopted Resolution No. 2673 approving a Local Transportation Project Advance Funding Agreement (LPTAFA)with the Texas Department of Transportation (TxDOT)for receipt of Statewide Transportation Enhancement Program (STEP) funds for Berry Street from Evans Avenue to 6th Avenue (Gateway, Parks, and Residential Districts). This agreement provided $892,080.00 of STEP funds with a City contribution of$382,320.00 from 1998 CIP urban design funds for a total of$1,274,400. On May 14, 2002, (M&C C19079) the City Council authorized the City Manager to execute an engineering agreement with Huitt-Zollars, Inc., for Berry Street Surface Transportation Enhancement project from Evans Avenue to 6th Avenue. The Streetscape project consists of landscape, irrigation, lighting and sidewalk improvements. The project was advertised for bid on March 10 and 17, 2005. On April 7, 2005, the following bids were received: Bidder Amount Time of Completion Cole Construction, Inc. $1,024,222.50 107 Calendar Days Northstar Construction, Inc. $1,073,444.00 AUI Contractors, L.P. $1,098,575.85 Ed A. Wilson, Inc. $1,270,602.00 Funding in the amount of$80,323.00 is included for associated construction inspection and survey costs. The contingency funds to cover change orders total $30,727.00. Cole Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation. The City goal on this project is 18%. The project is located in COUNCIL DISTRICTS 8 and 9, Mapsco 76Z, W and 77X. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Fund and the Street Improvement Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1)GR76 472115 020302879020 $382,320.00 1)C115 538070 020115023226 $382,320.00 2)GR76 451942 020302879020 $892,080.00 3)GR76 541200 020302879020 $1,024,222.50 2)GR76 541200 020302879020 $1,274,400.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS 3013erry Cole.pdf "ILir1R-9-5-2005 FRI 04:35 PM City Of Fw-Eng i neer, Dept . FAX NO, 817 871 6828 P. 02 CITY OF FORT WORTH, TEXAS DEPARTMENT OF ENGINEERING ADDENDUM NO. 1 to the Bid Documents for BERRY STREET STREETSCAPING PROJECT From Henderson Avenue to Evans Avenue T$PW Project No. C115-020115023226 DOE NO. 4278 Original Bid Submittal Date: March 10, 2005 Addendum No. 1 Issued: March 22, 2005 Prospective Bidders are hereby notified of the following: I. SPECIFICATION BOOK 1. SECTION 4, M/WBE SPECIFICATIONS: The M/WBE goal for this project is hereby revised from 30% to 18%. Please revise the applicable pages in the M/WBE specifications. A00k 2. SECTION 5, PROPOSAL, PAGE 131-6: The construction time frame for this project is hereby revised from 107 to 150 calendar days. 3. SECTION 14, EASEMENTS: Five copies (in three ring binders)of the necessary easements for this project are available for review at the Department of Engineering's front desk. The Section 14 sheet is hereby replaced with the attached revised Section 14 sheet. II. PLANS 1. Sheet 69 of the plan sheets is hereby replaced with the attached sheet 69R. This Addendum No. 1 forms part of the Specifications & Contract Documents for the above referenced Project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested informatiori at the following locations: (1) In the space provided below (2) Indicated in upper case letters on the outside of your sealed bid envelope: "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 1" r CFW 4468 Addendum No. 1 Pagel 03/10/05 MAR-25-2005 FRI 04:35 PM City Of Fw-Engineer, Dept FAX NO. 817 871 6828 P, 03 Failure to acknowledge the receipt of this Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. ADDENDU O. 1 ACKN NT By: A. Douglas Rademaker, P.E. Director, Dept. of Engineering Title:--`��� a?o 1�t�_ _ By: d4 5ia u c Address: /OZ J 5 �T Rick Trice, P.E. //A,x rk 761 Z V9 Assistant Director Telephone: jz7 CFW 4468 Addendum No. 1 Page 2 03110/05 TABLE OF CONTENTS 1. Notice to Bidders 2. Part A—Comprehensive Notice to Bidders 3. Special Instructions to Bidders (Transportation& Public Works) 4. City of Fort Worth Minority/Women Business Enterprise Policy 5. Part B —Proposal 6. Part C —General conditions 7. Part C —1 Supplementary conditions to Part C 8. Vender Compliance to State Law 9. Part E—City of Fort Worth (TPW) Special Provisions (SP 1-SP33) TXDOT Special Provisions & Special Specification 10. Certificate of Insurance 11. Contractor Compliance with Workers Compensation Law 12. Equipment Schedule 13. Experience Record 14. Easements 15. Part F—Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond 16. Contract (City of Fort Worth) H.IprojW131"002LSpecsTR0P0SALFORUTC.doc V TC-1 1 . NOTICE TO BIDDERS MAR-08-2005 TUE 03:05 Phi City Of Fw—Eng i neer, Dept FAX NO, 817 871 6828 P. 01 NOTICE TO BIDDERS Sealed proposals for the following project: BERRY STREET RECONSTRUCTION PROJECT FROM HENDERSON AVE TO EVANS AVE TXDOT PROJECT NO.STP 2000(646)TE City of Fort Worth D.O, E. NO 4278 T&PW Project No.C115.020115023226 Addressed to Mr. Charles R. Boswell, City Manager of the City of Fort Worth, Texas will be received at The Purchasing Office until 1:30 P.M., April 7, 2005 and then publicly opened and read aloud at 2:00 P.M. in the Council Chambers. Plans, Specificatlon and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas, 76102. The major work on the above project shall.consist of the following: 942 SY Drive Way Reconstruction 1 LS Irrigation Installation 222 EA Trees 1942 SY Concrete Sidewalk 65 EA Pedestrian tights �► A mandatory pre-bid conference will be held on March 22, 2005 beginning at 2:00 p.m. in the DOE Conference Room 255. Failure to attend the pre-bid conference shall result in the rejection of bid as nonresponsive. For additional information concerning this project, please contact Mike Domenech, DOE Project Manager,at 817-392-6826 or Chad St.John with Huitt-Zollars, Inc. (214)8713311. Advertising Dates: March 10,2005 March 17,2005 Fort Worth, Texas 2. PART A — COMPREHENSIVE NOTICE TO lovokk BIDDERS ZRCMD KITTY �EC;l�E ,��?y �T. oo fl, TEX. MAR-08-2005 TUE 03;04 PM City Of Fw-Engineer. DePt FAX NO. 817 871 6828 P. 02 PART A.- COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: For: Berry Street Reconstruction project—From Henderson Avenue to Evans Avenue, TxDOT Project No. STP 2000(646)TE D.O.E.No. 4278 T&PW Project No. C115-020115023226 Addressed to Mr. Charles R Boswell, City Manager of the City of Fort Worth,Texas,will be received at the purchasing Office until 1:00 P.M., Thursday, April 7. 2005, and then publicly opened-and read aloud at 2:00 P.M. in the Council Chambers. Plans for this project znay be obtained at the office of the Department of Engineering,Municipal Office Building, 1000 Throckmorton Street,Fort Worth,Texas, 76102, for a non-refundable fee of sixty dollars ($60.00)per set These documents contain additional information for prospective bidders. All bidders will be required to comply with Provisions 5159a of'Ternon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400, Fort Worth City Code Sections 13-A-21 through 13-A- 29),prohibiting discrimination in employment practices. A mandatory pre-bid conference will be held an March 22, 2005 beginning at 2:00 p.m. in the DOE Conference Room 255 on the second floor of City Hall. Failure to attend the pre- bid conference shall result in the rejection of bid as nonresponsive. The major work on the above(project shall consist of the following: 942 SY Drive Way Reconstruction 1 LS Irrigation Installation 222 EA Trees 1142 SY Concrete Sidewalk 65 EA Pedestrian Lights 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 from.the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, If made,will be within ninety(90)days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it Is proposed to award the contract has- been verified. No bid may be withdrawn until the expiration of ninety (90) days from the date bids are opened. The award of Contract, if made, will be within ninety (90) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom It is proposed to award the Contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the PROPOSAL form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive.' Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817)392-7910. NS-1 MAR-08-2005 TUE 03:04 PM City Of Fw-Engineer. Dept FAX NO, 817 871 6828 P. 03 PART A- COMPREIdENSIVM NOTICE TO BIDDERS Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s)and submit the complete 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 accordance with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the M/WBE UTILIZATION FORM SUBCONTRACTORISUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation"), and/or the JOINT VENTURE ELIGIBILITY FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. Bidders are advised that the City of Fort Worth has not acquired all necessary easements and temporary right of entry agreements for the construction of the project as shown in the Plans. Bidders are hereby notified that the City anticipates obtaining the necessary temporary right of entry agreements and easements by the start of construction. In the event the necessary easements and temporary right of entry agreements are not obtained, the City reserves the right to terminate the award of the contract at �•. any time before the Contractor begins any construction work on the project(s). In addition, Bidders shall hold their unit prices until the City has completed the acquisition of all easements and temporary right of entry agreements. The Contractor shall be prepared to commence construction without all executed easements and temporary right of way agreements and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require easements and/or temporary right of way agreements. The Managing Department for this project is the Department of Engineering. For additional information concerning this project, please contact Mike Domenech, DOE Project Manager, at 817-392-6826 or Chad St.John with Huitt-Zollars,Inc.(214) 871-3311, Advertising Dates: Charles R Boswell City Manager March 10,2005 March 17,2005 Marty Hendrix City Secretary Fort Worth,Texas A.Douglas Rademaker,P.E.,Director Department o1=Engineering By: /64 Rick Trice,PE Assistant Director,Engineering Services NB-2 3. SPECIAL INSTRUCTIONS TO BIDDERS (TRANSPORTATION & PUBLIC WORKS) �r SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition,the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond and a payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Chapter 2253,Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000,a Payment Bond shall be executed,in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 10/277/04 1 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY:In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No.7278 as amended by City Ordinance No.7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE:Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$500,000 each person, $1,000,000 each occurrence($2 000,0W ggregats limit);Property Damage-$250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. 10/27104 2 b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M.Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report,in a timely manner,to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601 g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. 10/27/04 3 "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("with Documentation') and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three(3) years. 12 AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety(90)days from;the date the MIWBE UTILIZATION FORM, PRIME CONTRACTORWAIVER FORM,GOOD FA.nH EFFORT FORM,and/or the JOINT VENTURE FORM("Documentation')as appropriate is received-by the City. The award;of captract, if made,will be within ninety(90)days after this documentation is received,but in no.case,Will the award be made until all the responsibility of the bidder to Whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment(min'retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the fmal payment,and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the plans desk,,of the Department of Engineering Construction Division at(817)871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 10/27/04 4 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing.companies,motor carriers,owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or delivering equipment or materials,or providing labor,transportation,or toner services related to a project."Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. ^ f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter 10/27/04 5 g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self insured,with the commission's Division of Self-Insurance Regulation. Providing false or 10/27/04 6 misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance.This includes persons providing,hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable 10/27104 7 federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS FINAL PAYMENT PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 1`0127104 8 4. CITY OF FORT WORTH MINORITY/WOMEN BUSINESS ENTERPRISE POLICY ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth 01-14-05Nol :4 Prime Contractor Waiver Form PRIM E COMPANY NAME: 1 Check applicable block to describe rime PROJECT NAME: NON-MNVIDBE BID DATE Berry Street Reconstruction Project-From Henderson Avenue to Evans Avenue City's MNVBE Project Goal: PROJECT NUMBER D.O.E.No.4278 T&PW Project No.C115-020115023226 1f 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. IFailur¢to;cgmplte thts fonm rn its en iraty and be reserved by.�hetManagtng Dear�ment on'br Eiefor! a S_QO GItV.btrsiness dava after rd openrng exclusrye of the'Wal ope`r rng d;wili'rastrlt,irl;t e'brd being cons�derec!niin respolsNe to brd,specrfrcatrons s �.: ,?: 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 spbcontractors, including M/WBE(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 m result in a determination of an irresponsible offeror and barred from participating in City work for a period of tillhe Inot less than o yea . Authorized Signature Printed Signature .4Qe1_t 4-7 l3YLJ 1-yn Cil y- TitlContact Name(if different) y[7 q31 01 3t- gi 7 379 SD-5,v Company Name Phone Number Fax Number 15 b e btM 40- Gy y Yu , cc7WA Address Email Addre s /6�f 7-Y 7 j� ��' _ � 1� Zo 05 City/State ip Date Rev.5/30103 ATTACHMENT IA Page I of 4 Fo RT V'VORTH City of Fort Worth ')'-11-051`01 :45 RCVD Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE Berry Street Reconstruction Project-From Henderson Avenue to Evans Avenue 1310 DATE City's MIWBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER D.O.E.No.4278 T&PW Project No. v C115-020115023226 Identify all subcontractors/suppliers you will use on this project Fakite tri rcjm :kt;�. 1%h�s i�nsr , IT, yt r�tij iy �v41 re ter : i it roc urr ertii rrtl�Tt,F��nrf taco- t-ad by the Maiiiagjnq C,epa�rt.IT}i_.iii on or i)Fifr?'i, :t �.a rl, IM1l (} C Ifs lli l ITI S Ci y aftFr bid p. x1111 , r= C�IJviV�3 el r4.1 t fel}rrlfrl4 i l I,r;, will result iri hit, b:d bt,)ng con,id&P-d Floo-re f+c�ris-ive to bld,E;PocIfic-Afrons, T'hP undersigned Offeror. agfees tr onker into a foronal with the I,0:- �'BE firr)i{s li.-ted in LhIs ukrilzsilt>r� ' I1r �Lllb. c.oraditkjnr ir.t llt °ll +' . :�_ 45 ti cif t'tNitil r�.1 ���'r',� tia €. f_Ily Cif ert}6. Tl�f4ar,lriFlii _ri; i anr r_.icnuv inc ext faits i- grunt for C6n5id€arallc-1 uiii.v-01-I,lifi ati I1 alld will ;:h,. 010 Uelrlg can .iderf?r1 to 1pid specibcations 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. Icler fif r.—each Tief level, bier iti Iki Ivvel Q1 stli ca_ntr= tingi bF�l�_w tho prirril? Cchntfar ,tt r, i,B , t1lr sat L;p,ayrof�ril Irom 1,11f, f,rime r:on.Lmc(0r t€, a sLlt_-411lfractcr is con.nklered I' (let, a Iseymi-,n't y 'A t:�=.sties )uaf3 t tr). SoP01er r-� r�n5i lei r ,-d 7 lk r 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 Notch Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/INBE). If hbuli ig 9ervlces are utillried. the pfirne %vilt be given rredil as long as. flip MANFE listed rim-Is and opea-�jlIns at least'caa lul.ty tt t%zd at-Ui 11A t1UL'r- 'r:) UC used cin the contrail. i ho tu/VV6E.may lease trucks frr�rli anolher f'VMIVP' firma Itlr,:iudin N1!'NK- oArner-operators, and receive tt01 M,' 11113E crF--di( Tho WW6E may lase trucks from n0rP-CVtNVBF:ti: OLII.0ing o%hinrn--opor�!Iiomr tJLl1 Will nrwl%e roce(gc, ctq&t I,r}rt lktie. lees �-nd ear'rimis[vies earned 1)yjhLa MAIVBE res outlino11 in the loLi!�t:- ajrr-.ju,merit,, Rev.5/30/03 ATTACHMENT IA FOR_ _T wOitTH Page 2 of 4 Primes are required to identify ALL subcon(ractors/suppliers, regardless of status;i.e., Minority,Women and non-M/WBEs. ^` Please list M/WBE firms first,use additional sheets if necessary. Certlficallon � (check one) SUBCONTRACTOR/SUPPLIER T ' Company Name i N T Detail Detail Address e B B T p Subcontracting Work Supplies Purchased Dollar Amount Tele hone/Fax p E E ii 0 C T II A U{,Qr �Q4el� �tiWfQ� /o a•o � 1 y 3 Lf�/JLs.�4—' • C ayo�v"� Rev.5/30/03 ATTACHMENT IA F'f)Ry wORM Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status;i:e., Minority,Women and non-M/WBEs. "'ak Please list M/WBE firms first,use additional sheets if necessary. Certification SUBCONTRACTOR/SUPPLIER (check one) n - Company Name j N T �' Detail Detail Address e M w C X Subcontracting Work Supplies Purchased Dollar Amount Telephone/Faxr B a T' n n E E R 0 C T f' A 67 Alook Sf•,�L, Co7c..j� Ito MM G 47 L ;,v:IGL 1-p Rev.5/30/03 ATTACHMENT 1A FORTWQRTH Page 4 of 4 g otal Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ JoZ g © � q q TOTAL DOLLAR AMOUNT OF ALL SUI,3CONTRACTORS/SUPPLIERS Ih k. onlraft rrihi riot ma e.additibns, dielcf.,ons, or iitut.prrci to th«'cer4it jd 14_4without tic pi,i r approval .of 'tttib I'iriorlty° arid 'w"-lsambh Btjsin�s� Er�t�r��ri c 'Cf lrcc t47m Sgt r or J---[,— -,c. through thf-,.s� bl-nikka! ref z Flee/ o for Approwlf of Chan Ari.urijustifio�l rhRoge yr dceefiti,rr haIF iso a material b ea,.;h of C%I) itr_ 6:t �-.nd may rc..2-sill in ,icbarrrii,_nk in _m,. :Drd viilh the Procc-dUreS �tj*lllncd ill tli The aim- Il �i-j mil a detailed cxpl tri=iticin Oaf I16w [he rc-qu'ostod phancge/add tion or deli tion will affect ti-c cs pro itiitt,-di 9 a�/i.L ao, .l. It !lie cictail explani jiioo i .1-11:,1 Fubmiiiod, it will affect rho final compliants r�elera�ln�#i+�r�. I - -- —_' 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 erformed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less;than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1)year. Authorized Slgndture Printed Sig,eture Title I Contact Na e/ fie,(if different)- -7 A/7 7 Company Name, Telephone indfor Fax Address Email Add ss A/ city/statelzip Date Rev.5/30/03 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth Good Faith Effort Form PRIME C MPANY NAME: Check applicable block to describe Jn& . � rime MM/DBE NON-MNV/DBE PROJECT NAME:' Berry Street Reconstruction Project—From Henderson Avenue to Evans Avenue BID DAT City's MIWBE Project Goal: PROJECT NUMBER °I° DO.E.No.4278 T&PW Project No.C115-020115023226 af,you have failed to secure MNVBE part cipation and.you have subcontracting and/or supplier;opportunities or if your : libbEpartidipation is IQss thri'tlle Ci 's ro'ect oal youmust co lets this fo... ., tY' P.. :1 9 .. RSP. .. ...: .. . .... .. If the bidder's method of compliance with the MIWBE goal is based upon demonstration of a "good faith effort", the bidder Will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failurw. to complete this fbrm, in Its entirety with supporting documentation, and received by the: _Managing Department on or before 5°0.0 p m five (5) City business da jos after btd opening, exclusive of bid opening date,will result in ahs bid bmg considered non responsive tQ b.id specifications 1:) Please list each and every sudcontracting and/or supplier opportunityl for thecompletion of rthis. project, regardless of whether it is to be provided by a M/WBE or non-MIWBE. (DO NOT LIST NAMES OF FIRMSI On Combined Projects, list each subcontracting andor supplier opportunity through the 2"atier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List'of Supplier Opportunities ATTACHMENT 1 C Page 2 of 3 2.) Obtain a current(not more than three (3)months old from the bid open date)list of MIWBE subcontractors and/or suppliers from the City's MIWBE Office. Yes Date of Listing 1 I =No 3.) Did you solicit bids from MIWBE�firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar daysi prior to bid opening by mail, exclusive of the day the bids are opened? "Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MPWBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar daysprior to bid opening by telephone,exclusive of the day the bids are opened? ' Yes (If yes,attach list to include name of MIWBE firm,person contacted,phone number and date and time of contact.) No NOTE ;A facsimile may be usedao comply with either 3 or 4, butmay not be:used for both If a facsimile;' Is used, attach fhe fax confrmation, which is 'to provide MM: .8F name, date, time, fax Number and documentaton.taed: NOTE- If the:'list of MMB Es for a particular subcontracting/supplier opportunity lsaen (10) or less, tile_ bidder;mustcontact the entire;hst tb be in comptiance with questions:3 and 4: if the.list oUNIIWBEs fora. particular subcontractinglsupplier opportunity is ten (10) or more, the bidder must contact at least two hinds (2l3)a bf the list within such area of opportunity, but not`less than ten to be to compliance wrth questip�s 3 and 4 _ ,.: 5.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of dans and specifications in order to assist the MIWBEs? , Yes No 6.) Submit documentation if M/WBP quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MIWBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes,the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Piease use additional sheets,it necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection di I - w5A ,tom,,,,, r it�7 b3o A Q,614Uv� ou i VL�' ATTACHMENT 1C Page 3 of 3 ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MIWBE participation on this project. The bidder further agrees to ,provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed chaff~rages to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an.authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of riot less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City' IWBE Offic Authorizeb Signat re Printed Signature Title f Contact Name and Title(if ifferent) Ah r 31 i� 7 3 116? Company Name Phone Number Fax Number pq Address Email Address //& n 9 � (-i-vy 1020©� .. City/StaterZip Date a PART B -PROPOSAL–City of Fort Worth D.O.E. No. 4227 TO: CHARLES R.BOSWELL FROM: (Bidder's Name) CITY MANAGER FORT WORTH,TEXAS 10316 (Address) For: Berry Street Reconstruction Project–From Henderson Ave. to Evans Ave., TxDOT Project No. STP 2000(646)TE City of Fort Worth D.O.E. No. 4278 T&PW Project No. C115-020115023226 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications, and the site, understands the amount of work to be done and hereby proposes to do all the work and furnish all labor, equipment, and materials necessary to fully complete the work as provided in the Plans and Specifications, and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal, the bidder is bound to execute a contract and furnish Performance and Payment Bond approved by the City of Fort Worth for performing and completing the said work within the time stated and for the following sums to-wit: Berry Street Fort Worth Texas CITY OF FORT WORTH D.O.E. # 4278 T&PW PROJECT No. C115-020115023226 TXDOT PROJECT No. STP 2000 (646) TE SECTION A: BASE BID ' Sgec Description of items With Prices Item Specification Estimate Unit Written in Unit Prices Amount Bid No. Document Quantity — Words Prepare R W -'^" 100 City of Fort 3.2 ACDlld o0 Worth ort 0� 501'2po. aJ Cents per acre. Blo4 Sod (Buffalo) (609) 162 City of Fort 2003 SY at Dollars and Worth y.Po go/,1.00 Cents per square yard. City of Fort Drill Seed -Weeping Love Grass 164 Worth 13465 SY at _yn Dollars and 1&0 ED7q, D O Cents per square yard. H:\proj\01327002\Specs\PROPOSALFORM\PROPOSAL FORM 3_2_05.doc BI-1 Irn ation System 170 TXDOT 1 LS atDollars and � gs£�.ao 8�z7D Cents per lump sum. Plant trees (provided by City) (B&B) 192 TXDOT 222 EA at0mJ_mAdZ4fA, Dollars and `" 15x.00 33 300•oa Cents each. RIP RAP (CL B) (VEG CONT) 432 City of Fort 91 CY Concrete Mow Curb.bl-dc4vw dQ Worth dt � Dollars and (oa$,p,> S(e $75,00 `►w— nts per cubic yard. MOBILIZATI N it- 500 City of Fort 1 LS at -tG�� Dollars and Worth -dW Cents per lump sum. loo QQb.p� (�a 000• a� BARRICADES, SIGN AND TRAF 502 TXDOT 5 MO HANDLE at"Jn u4o-JU Dollars and "►A-o — 0000.0J 3Olvox o0 Cents per month. Concrete Curbs TYII 529 TXDOT 655 LF at "a tt&A.a Dollars and )a.00 a.0o 1q/4 10 p Cents per linear foot. Concrete Drives (6"thick) 530 TXDOT 683 SY at LA4. ± Dollars and #jo �a 3 aj 79y Li— Cents per square yard. Concrete Sidewalks (5"thick) 531 TXDOT 2020 SY at Dollars and o n O g� co yw Cents per square yard. `7 1 Roadway Illum. Assemb. (special 610 TXDOT 65 EA selection) at Dollars and w Cents each. 0, a,r?01 5000, Removal of Existing Illuminatiorl 611 TXDOT 38 EA Assemblies at.2t�� Dollars anda��' 00 — Cents each. Electrical Conduit (0511 conduit) 618 City of Fort 6833 LF (PVC (SCHD 40) (2") Worth at Dollars and Cents per linear foot. �� 60 '58i080 •60 Electrical Conduit (0526 conduit) 618 City of Fort 1788 LF (PVC) (SCHD 40) (2") (BORE) Worth at Dollars and tents per linear foot.Awwk '�� Elec conductor (No. 8) BARE n 620 TXDOT 8909 L� at `'hA r, Dollars and :NKV � � ��(Cents per linear foot. '60 N U A RY H:\proj\01327002\Specs\PROPOSAL FORM\PROPOSAL FORM 3_Z_05.doc ER0 ''IH' I E I Elec conductor No. 8 Insulated 620 TXDOT 18330 LF at `Yuz5 Dollars and Cents per linear foot. �(CJ `3 7Y7.60 Ground Box TY C (162911) 624 TXDOT 10 EA W/APRON at C.�ncu,rtioPna� OA,w- a. 4-Ay-da - Dollars and / ,v O `1W— Cents each. 6 '5,O D Elec. Serv.TY A (120/240) 60 (NS) 628 TXDOT 5 EA AL(T) TY(0) ,y, xc,-� Q', d cP A Dollars and 750,oa 8'7,50,a Cents each. Pedestrian Wayfinding Type 1_ 644 City of Fort 4 EA (District Identity Sign) Worth v0j Ilars and Jr�pO O� as��QO•o� -#\-� — Cents each. City of Fort Removal of street signs 649 Worth 44 EA at Dollars and Cents each. /00.0 a <(C1 OU 00 Foundations for signs, traffic signals, 656 TXDOT 520 LF and roadway illumination assemblies at Oyu Jt--du d�j Dollars and 13000 (p 7100D �t o Cents per linear foot. Compost Manuf Topsoil (BOS) CL3 1058 TXDOT 825 Cy (mix for plant material) n a6� Dollars and Qq p a as a�5�O "Y-A --- Cents per cubic yard. Incentive for low emission diesel 3669 TXDOT 1 DOL at `Y\-O Dollars and wlc� — Cents. Baled Hay 5007 TXDOT 70 EA at lL✓v — Dollars and -rw -- Cents each. Baled Hay Remove and Replace 5007 TXDOT 35 EA at Dollars and v J -Cents each. J Bale Hay Removed 5007 TXDOT 70 EA at Dollars and -Ah Cents per each. J S O a J Temp sediment control fence 5249 TXDOT 10280 LF at Cr'� Dollars and Cents per linear foot. Amok U H:\proj\01327002\Specs\PROPOSALFORM\PROPOSAL FORM 3_2_05.doc B 1-3 i iI Temp sediment control fence 5249 TXDOT 5140 LF Remove and replace .-. at Dollars and Cents per linear foot. Remove Temp sediment control 5249 TXDOT 10280 LF fence at "ILJp Dollars and Cents per linear foot. Curb ramp and landing (Type 2) 5886 TXDOT 1 EA at_ Dollars and Cn s each. 50, egJ Curb ramp and landing (Type 3) 5886 TXDOT 6 EA at Dollars and / `Ito Cents each. ��On,vo 0000.o Curbb_ramp and landing (Type 8) 5886 TXDOT 29 EA at Dollars and nn -ito - Cents each. qco.oD Total Section A: ' 000 Transfer total of Section A to Summary page B1-5 SECTION B: ALTERNATE BID SMALL ROADWAY ASSEMBLY (SPECIAL) (Special District Markers) 10400 Special 2 EA (Enamelt c Porcelain Panel) OJ oC�,D00•00 atdwo`tkAu �-��ODollars and o�O0 '1w Cents each. Total Section B: 400aw Transfer total of Section B to Summary page 131-5 NOTE: . THE CITY RESERVES THE RIGHT TO AWARD CONTRACT TO EITHER THE RESPONSIVE LOW BID OF SECTION A OR THE RESPONSIVE LOW BIDDER OF SECTIONS A AND B COMBINED. H:\proj\01327002\Specs\PROPOSAL FORM\PROPOSAL FORM 3_2_05.doc BI-4 I i SUMMARY OF BIDS Section A: Base Bid $ /,Ox SO Section B: Alternate Bid $ Total Section A + Section B H:\prof\01327002\Specs\PROPOSAL FORM\PROPOSAL FORM 3_2_05.doc BI-5 I PART B -PROPOSAL (Continued) �-• Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Survey Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Project dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete construction within 407 calendar days as set forth in the written work order to be furnished by the Owner. Kam (Complete A or B below, as applicable): [lk'A. The principal place of business of our company is in the State of — ( ] Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. [] Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. 13'. The principal place of business of our company or our parent company or majority owner is in the State of Texas. ` 1�7'r H:\proj\01327002\Specs\PROPOSALFORM\PROPOSAL FORM 3_2_05.doc Receipt is acknowledged of the following addenda: Addendum No. 1 yMQa-j�, ;k Z9�S Addendum No. 2 Addendum No. 3 (Seal) If Bidder Corporation Res e__ct��f^^ully submitted, �Nl By: Title: Address: 10315 H:\proj\01327002\Specs\PROPOSAL FORM\PROPOSAL FORM 3_2_05.doc B 1-7 6. PART C - GENERAL CONDITIONS PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS cl-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1 (1) C1-1. 2 Contract Documents C1-1 ( 1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2 ) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 ( 3) C1-1.14 Mayor C1-1 ( 3 ) C1-1.15 City Manager Cl-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works Cl-1 (4 ) C1-1.18 Director, City Water Department C1-1 (4 ) CI-1..19 Engineer C1-1 (4 ) C1-1.20 Contractor C1-1 (4) C1-1:21 Sureties Cl-1 -(4):- C1-1.22 The Work or Project C1-1 (4 ) C1-1 2�3Working Day Cl-1 (4) C1-1.24 Calendar Day Cl-1 : (4) C1-1.25 Legal Holiday C1-1 (4). C1-1,.2;6. Abbreviations C1-1 (5) C1=1".21 Change Order C1-1 (6 ) C1-1.28 Paved Streets and Alleys C1-1 (6.) C1'-1.24. Unpaved Streets ani3 Alleys C1-1 (4) C1 1::530.:. City Streets Roadway C1=1. (6) Cl-1.3`2 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL _ C2-2.1. Proposal Form C2-2.- =(1) C2-2.2 Interpretation .of Quantitles: C2-2 (1) C2-2.3 Examination of Contract :,Documents and Site C2-2 . 2) C2-2,.4 Submitting of Proposal C2-2 131 C2-2 ,5 Rejection of Proposals C2-2 (3) C2-2.6. aid Security -C.2-2' (3) (1) C2-2.7 Delivery of Proposal C2-2 ( 4 ) C2-2.8 Withdrawing Proposals C2-2 ( 4 ) C2-2.9 Telegraphic Modification of Proposals C2-2 (4 ) C2-2.10 Public Opening of Proposal C2-2 (4 ) C2-2.11 Irregular Proposals C2-2 (4 ) C2-2.12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1 ) C3-3.2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1 ) C3-3.3- Equal Employment Provisions C3-3 (1) C3-3.4 Withdrawal of Proposals C3-3 (2 ) C3-3:5 Award of Contract C3-3 (2) C3=3.6 Return of Proposal Securitie's C3-3 ( 2 ) C3=3.7 Bonds C3-3 (2 ) C3-3.8 Execution of Contract. C3-3 (4 ) C3-3.9- Failure to 'Execute Contract C3-3 (4 ) C3=3.1"0 Beginning Work C3-3 ( 4 ) C3-3:11 Insurance C3-3 (4 ) 0-3;12 Contractor's Obligations C3-3 (7 ) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor's Contract Administration C3-3 (7 ) C3-3.15 - Venue C3-3 (8 ) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (I ) C4=4:3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2 ) C4-4.5 Extra Work C4-4 (2) C4-_4.�.6 Schedule of Operations C4-4 (3) C4-4. 7 Progress Schedules for Water and Sewer Plant Facilities C4=4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5 5,`1 Authority of Engineer C5-5 (1) C5-,5,(3 Conformity with Plans C5-5 .(1) C5-5.'3- Coordination of Contract Documents_ C5-5 (2) CS--'5 A, Cooperation of Contractor C5-5 ( 2) C5-5.5 Emergency and/or Rectification Work C5-5 (3 ) C5-5.6 Field Office C5-5 (3 ) C5-5.7 Construction Stakes C5-5 (3 ) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-59 Inspection C5-5 .(5) C5'-5,10 Removal of Defective`and Unauthorized Work C5-5, (5) C5=5.11 Substitute Materials -or Equipment C5=5 ' (5) CS-5.12 Samples and Tests of Materials C5-5 (6) C5-5.-13 Storage of Materials C5. (6 ) Cyt,-5.14 Existing Structures and Utilities C5-5 (7) C5$5._15 interruption of Service C5--5. (7) �. C5-5.16 Mutual Responsibility of Contractors C5-5 (8 ) C5-5.17 Cleanup C5-5 (8 ) C5-5.18 Final Inspection C5-5 (9 ) (2) -` C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6.2 Permits and Licenses C6-6 ,(1) C6-6..3 Patented Devices, Materials .and Processes C6-6 (1) C6-6.4 Sanitary Provisions C6-6 (2) C6-6.5 Public Safety and Convenience C6=6 '(2) C6-6.6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6.7 Railway Crossings C6--6 {4) C676.8: Barricades, Warnings and Watchmen C6-6 =44 ) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5 ) C6-6.10 Work Within Easements C6-6 (6 ) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor 's Responsibility for Damage Claims C6-6 (8 ) C6-6.13 Contractor 's Claim for Damages C6-6 (10 ) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10 ) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor 's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6. 20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12 ) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1 ) C7-7. 2 Assignment of Contract C7-7 (1 ) C7-7. 3 Prosecution of the Work C7-7 (1 ) C7-7. 4 Limitations of Operations C7-7 (2 ) C7-7.5 Character of Workman and Equipment C7-7 (2 ) C7-7.6 Work Schedule C7-7 (3 ) C7-7.7 Time of Commencement and Completion C7-7 -(4 ) C7-7.8 Extension of time of Completion- C7-7 (4 ) C7-7.9 Delays C7-7 (4 ) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6 ) C7-7.12 Temporary Suspension. C7-7 (6 ) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7. 14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7 ) C7-7.15 Fulfillment of Contract . C7-7 (9 ) C7-7.16 Termination for Convenience of the Onwer C7-.7 (10 ) C7-7.17 Safety Methods and Practices C7-7 (13) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1 ) C8-8 . 2 unit Prices C8-8 (1) ( 3 ) C8-8. 3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment C8-8 (1) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8..6 Withholding Payment C8-8 (3 ) C8-8. 7 Final Acceptance C8-8 (3 ) C8-8.8 Final Payment C8-8 (_3) C8-8.9 Adquacy of Design C8-8 (4) C8-8.10 General ,Guaranty C8-8 (4) C8-8.;11 Subsidiary Work C8-8 (5) C8-8412 Miscellaneous Placement of Material C8-8 i5) C8-8.13Record Documents C8-8 (5) I .. a ,. t (4) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1.1 DEFINITIONS OF TERMS : Whenever in these Contract .Documents the following terms or pronouns in place of them .are used , ,the intent and meaning shall be understood_ and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds,_, a;d.denda , plans , , etc . , which govern the terms. :and pe.rformance , of - the contract . These are cont'ai`ned in the General Contr-act_ 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) -whit'e ` PART C - GENERAL CONDITIONS (CITY)- Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1=White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART. F ; BONDS (Sample) White t PART Gh-4 CONTRACT (Sample) White ::; SPECIAL CONTRACT DOCUMENTS The Special- Contract Documents_ are :prepared for each specificproject :as supplement to the General Contract Documents and .include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above -PART B PROPOSAL (Bid) F PART C - :GENERAL CONDITIONS PART ::D - SPECIAL CONDITIONS PARTE - SPECIFICATIONS : PERMITS/EASEMENTS PART, F --.BONDS_: PART: Q1,.- CONTRACT PART H - PLANS (Usually bound separately) OWN Cl-1 (1) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or tender. of a bidder to perform the work which the Owner desires to have done, together with the bid security: .constitutes 'the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1. 5 BIDDER: Any. person , persons , firm,. partnership, company, association, corporation, acting directly or 'throu'gh a duly authorized rege.sentative, submitting a proposa=l' 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 govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worths "charter and Promulgated ordinances. Wherever. there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1 -1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements: which are necessary for -theparticular project covered by the Contract Documents and not specifically cover.ed .in the -General Conditions . When considered with the General. Con-d`it.:io>na .and other elements "af the Contract Documentsthey pr- v'* "e the iviformation. which. tfie Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1. 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services i'n order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements, statutes , etc. , such referred to documents shall become a_ part of the Contract Documents just as though they were embodied- therein. C1-1. 9 BOND: The bond or bonds are the written guarantee or - secur ty furnished by the Contractor for the prompt and Cl-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7) b. Payment Bond (see paragraph C3-3.7) Ce Maintenance Bond- (see paragraph C3-3.7) d. Proposal or .Bid Security (see Special Instructions to Bidders, Part A and C2-2 .6 ) C1-1 . 10 CONTRACT: The Contract .is the formal signed agreement etween` the Owner and the Contractor covering the mutual unders tandi'ng 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 th`e location, dimension and position of the various elements of the- wproj'ect , including such prof>>iles , typilcal •cross-sections, layout- diagrams, working drawings, preliminary drawings: and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . `The plans are- usually- bound separately from other parts of the Contract Documents , but they are a part of the° Contract Documents just as though they were bound therein. C1.-.1.12 CITY:, The City of Fort Worth, Texas , a municipa°l corporation ,. authorized and chartered under the Texas '-State Statutes, -acting` by and through its governing body or its" Ci y Manger, each of which is required by charter to perform specific duties . Responsibility for final enforcement---::of ,.Contracts involving the City of -Fort Worth is by ICharter vested in tl a -City Manager. The terms .-City and Owner are synonymous. ta C1--1 . 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. C1-1. 1_5 :CITX. MANAGER: The officially appointed and authorized. Clty Manager of the City of Fort Worth, Texas, or his• duly- -authorized representative. C1-1.16 CITY ATTORNEY: The officially, appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized " representative. A C1-1 (3) C1-1 .17 DIRECTOR OF PUBLIC. WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 16 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth,, Texas , or his duly authorized representative, assistant', or agents. C1-1 .19 ENGINEER: The Director of Public Works-, the Director of the Fort Worth City Water bepartment , - or, th-eir duly authorized assistants ; 4g-6nts,, engineers ; i-nspectors, or superintendents, acting within the scope of the particular duties entrusted to them. _ C1=1 . 20 CONTRACTOR: Theperson- persons , part�nergUip, company, firm, association, or `corporation, .efitering .into a contract with -the Owner 'for the ,execut-ion of -the work; acting directly or througha duly authorized repre-sentAtive. A sub- contractor -is a .person firm,, corporation,,- or others under contract with the :principal contractor , supplying .la.b;or 'and materials or' -only labor, for work At the .site of the pro:ject:' C1-1: 2,1. SURETIES : The Corporate bodies which. are bound by such bonds area required with and for the Contractor : The sureties engaged are to be fully responsible .-for the entire and satisfactory fulfillment of the: Co0tr.ac,t a;nd dor:any and all .-requirements 'as -set `forth in the Contract -Documents and approved changes• .therein. C1-1. 22 TAE WORK OR PROJECT: The completed work contemplated in and-covered by the Contract Documents, 3inclu.ding bi:t not .limited to -the furnishing of all labor, • materials;: :tool's , equipment, and incidentals necessary to produce a completed and serviceable project. r a: , � ,,• 4. C1-1. 23WORKING DAY: A wor `ng day is defined as a calendar day, not including Saturdays, `Sundays , and egal . holidays,. , n which the weather or other cond.iti_ons; 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 pm.,, with exceptions "as permitted in paragraph C7-7.6. C1-1. 24 CALENDAR DAYS: A calendar .,day is any day-,-.of. the -week or month, no days being excepted. C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance .by City employees as follows: C1-1 (4) 1. New Year's Day January 1 2. M. L. King,,. Jr. Birthday. Third Monday in January 3. Memorial Day Last Monday in- May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving. Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared- by the City Council, falls "qn Saturday, the holiday shall .be observed on the preceding_ Friday or, if it falls :.on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1 . 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents , the intent 'and meaning shall be as follows: AASHTO - American Association of MGD Million Gallons Per State Highway Transportation Day officials -ASCE - American Society of Civil.. CFS - .Cubic Foot ,per Engineers Second LAW - In Accordance With ASTM - American Society .of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works $ - Percentum Association R - -Radius ASA = American Standards Association I.D. - Inside •Diameter x,f - Hydraulic Institute O. D. ," outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F -: Fahrenheit Blvd. - Boulevard C = Centigrade CI - 'Cast Iron In. - Inch Ct - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. Ductile Iron CITU 3� C21 Cl-1 (5) C1 - 1 . 27 CHANGE ORDER : A "Change Order" is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or 'feature which may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal ,are n'ot the subject , matter _of 'a Change Order unlessthe increase or decrease is more than 258 of the amount of the part'icula`r item or items in the original proposal. All "Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1 , 28 -PAVED STREETS AND ALLEYS: A paved street or. alleY shall be defined. as' a street or-- al-16y having one of the following: -types of- wearing `su'r'faces app_ lied- over -the nataral unimpiroved surface: 1. Any type of asphaltic c oncr--ete with or without_ separate base material. 2. Any type of asphalt surface t.reatmen,t , not -.including an oiled s kface , `withor:,. w tho.ut separate base material. 3. Brick, with or without separate base .material. 4. Concrete, with or without separate base material. 5. Any. combination of. the above. C1-1 . 29 UNPAVED STREETS OR ALLEYS.: An unpaved street, alley,_ roadway or other surface is any area except'. those defined above for "Paved Streets and Alleys. " C1-1, 30 CITY STREETS: A city street 'is defined as that area between the" right-of=way lines as the s,tree,t -is -ded'icated. C1-1 . 31 ROADWAY: The roadway is de.fined 'a: the area between.; para 3ele lines"two ( 2 ' } fee't back• of tie 'curb. lines or four; 441-1 � f`eet back of the average `edge of 'pavement where- no curb exists. C1-1 . 3Z 'GRAVEL STREET: A gravel street is any, unpaved street to which- haseen a ded one or more applications o' f.:g.ravel or similar material other than the natural material found on the street surface before any improvement was mado. I C1-1 (6 ) SECTION C - GENERAL CONDITIONS C2--2,,.INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain -.an itemized list of the items of work to be done or materials to be_ _„furnished and upon which bid prices are requested. The Proposal form will state the Bidder ' s general understan-din g.,, of_. the -project o_ :be completed, provide a',space for furnishing ;t-he' amount of. bid security, and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder°-I s "Experience Record, " "Equipment Schedule, " and "Financial Statement, " all -of which must be properly, executed a.nd:,.f1led with the Director of the City Water Department on.e 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 na-lid permit issued. by :,an appropriate state licensing agency, and shall have .1been s-o prepared as to reflect the current financial status. This statement must be -current and not more than- one (,1 ) year old. In the case that a bidding date falls within the time a=>new .i statement s 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 ref lect the experience of the firm seeking qualification in wor-k of .both the same; nate re -and magnitude as that 'of th-e project :for which . b:i.ds. are to :bye received , and such experience must `have. been on projects completed not more than, five (5 ) years prior to the; date on which are to be recei`ved . Th,e Director of the Water .department shall be sole judge as to: the L-cceptabiality of experience for qualification to b'id `on any Fort Worth-'Water Department project. The prospective bidder shall schedule the. egu,ipment -he, has available .for the project and state that he- will- .rent such additional equipment as may be required to com_ piste the: project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUAN'T'ITIES s The 'quantities- of work and materials to be furnished as may be listed in the proposal C2-2(l) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bid 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 quantitie's of work to be performed and materials to be furnished may be increased or decreased a'g hereinafter provided , without in any way invalidating the unit prices bid or any other requirement's of the Contract Documents. C2-2 .,3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that .the Contract Documents on file with he Owner shall constitute all of the information which the Owner will furnish. All additional information and data which t:he.:towner will "supply after promulgation of t.h,e .formal contract 'documents'. shall be issued in the form of written addenda and shall become part of the Contract Documents just aS though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents, to visit the site of the project and examine carefully., all local conditions, to inform themselves by their own independent research and investigations, tests, boring; ;:and by .such other means as may be -necessary to gain a complete knowl"edg:e of the conditions which "will ' be encountered during the construction of :t:he 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 requiried for its completion, and .obtain all information required to make an inteilig+ent °proposal. 'No .information given by the ,Owner or any representative of. the -Owner other than that -,contained in :t=he Contract, Documents and, officially promulgated addenda theretoy shall` be'' bind _ng upon the Owner. Bidders shall rely ex.c`1us'ive`1y and solely upon their .;own est-i mate s', investigation, research, tests , . explorations., and other data- which ata-which are necessary for ' full and complete informatto"n upon which the proposal is to be based. It is mutually agreed that the :'submis'sion of a proposal is prima-facie evidence that the bidder has made the investigations, examinations and tests herein required. Claims .;tor .additional compensation due to variations between-`;conditio,ris ' actually encountered in construction arid as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, ,if, any, showing on the plans are for general information only and May ..not ;tie correct. Neither the �- C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit ``his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shallbe correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals, for which',he proposes to do the work' contemplated or furnishe the materials required. All such prices shall be written .legibly. In 'case of discrepancy between the price written in.., words and the price:.wr,itten in numerals, the price`most advantageous to the City shall govern. If a proposal is submitted by an individual,,,-,his or her name must be signed by him `(her) or his",(her) duly authorized agent. If a proposal is -submitted `by a firm, association,; or partnership, the -name and address of each member must be given , and the proposal must be signed by a member of` the firm; association , o'r partnership, or by a person. duly authorized . If a proposal is submitted by a company"`o<r corporation, the company or corporate name and busin`es•s address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be af=fixed. -Power of Attorn'ey:-_authori'zing agents or others to - sign proposal must be properly certified and must be in writing -ah'd submitted;with the' proposal . - C2-245 REJECTION OF PROPOSALS: Proposals may be.rejected -if they show any alteration of words or` figures, additions ; iiot called . .for , conditional or uncafted for alternate binds" incomplete_ bids, erasures; or irregularities, of;;an.r kind, or contain unbalance value -of any items. Proposal tendered;:#or delivered after the o`ff-icial time 'designated .for recigt of proposal: .s.hall be :returned ``t6' the Bidder"unopened C2-2 .6 ;$ID- SECURITY: No proposal will be considered `-unless - _t -is .accompanied by -a "Proposal "Security" of the character and in the - amount indicated in the "Notice to. Bidders": and the "Proposal," The . Bid Security is required by. the Owner .as evidence of good faith -on the part ;of the Bidder,- and :by way> of a guaranty that-, if awarded the contract, the, Bidder -will: within the required --time execute a_ formal contract and f:urnlsh" 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 alh other =bidder's may beie" returnedproinpt.1" after the canvass -of ..bids; C2-2 (3 ) s 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 :shal`l- be in a sealed .envelope plainly marked with the word "PROPOSAL . " and the name or description of the project as designated in ',the "Notice to Bidders. " The envelope- shall be addressed`-to the City Manager, City. Hall, Fort Worth-, Texas. C2-2. 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time 'set for opening proposals: A request for ..non-4consideration of a proposal must be ' made in writing-, addressed to the City Manager , and- filed with him- prior to the time s-et=-for the opening of proposals. After all. proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have-` been properly filed m_ay, at the option of the Owner ; be returned unopened't. _C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior "to the time set for opening ,proposals., provided -- such telegraphic communication is received by the City Manager prior to the said proposal., opening time, and provkdedtfurther, that the City Manager ii;" sati'sfied that a written and duly authenticated confirmation of such telegraphic .communication over:: the' signature off the b_ idder was, mailed `p-rior 'to the proposal opening time. -, If such confirmation is not received within forty-eight (48) hours after the.. proposal opening time, no furtfiet-; consideration will be, given to the proposal. C2-2. 10 PUBLIC OPENING OF. PROPOSAL Proposals which have been properly filed and for which no "Non-consideration 'Req'uest" 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 .Bidde'rs. " All proposals which :have been opened and read -will . remain on file with the Owner until the contract -has been. awarded. Bidders or their author!zed repress entativeare invited to bepresent ;for the .opening of `bids C2-Z. 11 'IRREGULAR PROPOSALS,: . ,,Proposals shall be =considered as -e-ng: "Irriegular" `if they "show any omissions,; alterations of form, additions , or conditions not called for , unauthorized �. alternate bids, or irregularities of any kind. However , the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of, but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against_ the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement , experience record, equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5) PART C. - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing, items to a common basis as may be established in the Contract Documents'. 7 The _total obtoi-ned by, taking the .sum of the products of unit p°eices quoted'`and the, estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid.-. Until the award of the contract is made by the Owner, the right will, be reserved to reject any or all proposals and waive techn_icalites,'`to. re-advertise for new proposals, or to proceed with the ' work in any manner as maybe considered for the best interest of ' the Owner. C3-3 . 2` .MINORITY_ BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE ,COMPLIANCE,: Contractor, agrees to provide to Owner , upon regiirest , complete and accurate information regarding actual work performed by a.;Minority Business Enterprise (MBE) and "or �a' -a Woma"n-owned Business Enterprise (WBE) ion =the contract .and the payment therefor,,. Contractor further agrees , upon req-uest 'by; ' Owner , to allow and audit and/or.`. an examination of any books, records, or files in the -possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any matgri.al ,mis.rep.resentat.ion of any nature 4i11 -be grounds -_for. termination_.of the contract sand for init _a'ting any action ``under appropriate federal , state or local -'law°s -arid - ordinances relating to false statements ; further , any such _misrepresen.tation may be grounds for �d-i.squalification''of. Contractor at Owner' s discretion for 'Vidding on 'future Contracts with the Owner for a period of time of not less than six (6) months. C3-3 . 3 EQUAL EMPLOYMENT , PROVISIONS : The :.,Contractor shall comply with Current -City Ordinance prohibiting discrimination n 'employment practices. C3-3 (1) -The Contractor shall post the required notice to that effect on. the project site, and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant .he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment officer. C3-3. 4 WITHDRAWAL OF PROPOSALS: After a proposal has been -read _y the Owner cannot e. w thdrawn by- the 'B idler ,with i n forty-.fiv:e (45 ) days after the' date on which the proposals were opened. C3-3.. 5 - AWARD OF CONTRACT:- The -Owner reserves the right to withholdfinal action on the proposals for a reasonable` time, not to exceed forty-five ( 45 ) days after, the ,date of: opening p,roposals,.-��.and ,in no event will' ah'---award 60 made 'until- after investigations' have been made as to the the ofthe ,proposed awardee. . . The award of the contract, if an award is made, will be to the lowest and best responsible bidder. .The award of the contract shall not become effective until the -Owner has notified the Contractor in writing of such. aWard. C3-3. 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for. comparison. of. bids,_ =the own er _may at_ its d'iscret'ion,' return the proposal security which accompanied the proposals which, in _ts �judg_men_, would n:ot be c<on'61 i e d for - the ,Award . All oth:e,r_ proposal .securities., usually` those of the £hree lowest bidders , ,will be r=et,a-ined =by the Owne until the _.required 'contr.a�ct bas been executed aai�f& bond furnished or the Owner ha`s otherwise disposed of the bias, after which they will'.,be- returned_ by the City, SecretarY. , pe C3-3. 7 =BONDS: With the execution and,,delivery 'of the -Contract Dociumentsy, the. Contractor shall furnish to, Tand file with the Owner= in the amounts herein required, the following bonds: a. 'PERFORMANCE BOND : A good and sufficient performance bond in an amount not. less than ;1.00 percent of the amount of the . contract, as evidenced. by the proposal 'ta`bulAtion `or otherwise , guaranteeing the full and _:faithful execution of the Work and performance` of the contract, _and for the piotlection"-of ` the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2Y bond shall guarantee the payment for all labor , materials, equipment, supplies , and services used in the construction of the work, and, shall remain in full force ..and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE . BOND.: A good and sufficient maintenance bond, in the amount of not less than 100 perpent of the amount of,,...the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt , full and faithful performance of t.hei,. general guaranty which is set forth in paragraph C8-8.10. c. PAYMENT BOND: A good and sufficient payment bond; in an amount not less than 100 percent of the amount of .the co'ntract., as%- evidenced by. the proposal tabulation or:,otherwise, -guaranteeing the prompt,. fu11 and faithful .payment of all claimants as,`defined in Article 5160, Revised Civil Statutes of .Texas, 1925, as .amended by House Bill 34+4 ...Acts '56th Legislature, Regular Session, 1959 , effective April 2.7 , 1959 , and/or the latest version thereof, supplying labor and materials in ,the prosecution of- t'he work provided for i.n the contract being constructed under these specifications. Payment Bond shall remain in J,orpe 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 o,r- whi"ch are inter"e$ted =`in any litigation against.; the owher._ All bonds shall e`made on the formsfurnYshe0 by the _,Qwner, and. shall be execu"edkiy an approved surety, company doing business in the City hof ` Fort Worth, Texas, and which is f acceptable to the owner. Ih order .to be .acceptable, the name of the surety shall"fie:' lnciuded 'On the: current U. S. Treasury list of acceptubloe `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. Shoul=d any surety on the .contract.be determined unsatisfactory at anytime by the Owner,' :notice will be given the Contractor to that effect and the Contractor`'shall immediately provide .a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or " sureties , as required, have qualified and have been accepted_ by the Owner. The contract shall • 'qt be operative hor -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 t Owner has by appropriate resolution`;, _or otherwise,` awa.rOed the contract, the Contractor shall exebute and f le`'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 :jt_ has been attested by the City Secretary, approve& '`as to 'form and P legality by- the City Attorney, and executed ,for the Owner by either the Mayor or City. Manager. =- C3-3 . 9 FAILURE TO EXECUTE CONTRACT:' The` failure of the Awardee to execute the required bond.; or bonds or to, sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered 'by the Owner as an 'abandonment of -his proposal , and the Owner may annul ethe Award. By ;reason of the uncertainty of the market prices of .material and. labor , and itheng impracticable and` d'i�ffcult to accurately �. determine -the -amount- `of� damagesoccu'ring to the Owner by reason of said aw -s ardee' failure to'execute" dai:d bonds and contract within ten , ( 10 ) d_ ays , the.. proposal security accompanyl'mg` the proposal sh'all 6ef the agreed amount of damages which Owner will suffer by'• reason 'of `such f ai lure on the part of the Awardee and shall thereupon,aimmediately be forfeited to the Owner. The filing of a proposal will be considered `as `ah- acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORRz The Contractor. shall notYcommence4. work unt< 1 author'T ed in writing 'to do" s,o ` by the .Owner .ti ` :? Should the Contractor' fail to commence work `at ,the site' of;.the . - project wit- ` in°' the time stirpuIAte d iri Ch;e wrritten E- authorization usually' termed the "Work :Order" or "P�oceed,> , 3 . Order"., �*It is agreed -that the Surety Company wild._, within-.ten { ( 10 ) days after the commencement date.., set forth insuch- ,• �t written authorization, commence the physical execution of, ;the yY contract. r C3-3 . 11 INSURANCE: The Contractor'- 'sha.11 not lcommence work under this contract until he has obtained all the, insurance = required under Che Cont'fa ct Documents_, and such insurance_ has been approved' by _the Owner., The prme�'Contractor .shall. be: ;. responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) certificate of insurance for approval . The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include. the` coverage of all sub-contractors. A, COMPENSATION INSURANCE.: The Contractor shall maintain, during the life 'of t.his- -&o*ntract , Workers ' Compensation In.suranc-e _on all of his employees to be en-gaged in wo.rk 'on the project under phis contract, and for -all sub-contractors. In case any class of employees engaged in hazardous work 'on the.-_project,, under this contract is not ; protected under the Workers ' ; Compensation Statute, `tbe, .Contractor, shall provide adequate .employer ' s general liability insurance for ,the ;protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this c.o'ntr_ac..t Co-ntractor ' s Comprehensive General. Liability Insurance (Public Liability, an(d Property, Damage. -.Insuran_ce) in an amount not ie-ss than $ 5-00, , OA0 covering each Jdmaoccurrence on account of bodily-_. injury, =including death, and in. an ,amount not _less .than $500 , 000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY : The Contractor shall furnish--insurance 'as separatepolicies 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 i following insurance:_ Contingent: Lia.b.i.lity. ( co.ve.rs General ;. -.. F Contra,ctor;' s Liabi-lity-, fo.r acts of sub-contractors) : 2. Blasting, prior to ,any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to' . ke performed . adjacent to. same) .` 4. Damageto underground ,utilities. for $500,000. C3-3 (5) 5. Builder's risk (where above-ground structurea are involved) . 6. Con'tractu`al Liability (.coversAl I' indemnification requirements of Contrac;t_) . d� AUTOMOBILE INSURANCE. - ._BODILVINJURY AND. PROPERTY a DAMAGE: ; The Contractorshal'l' 'prd6ure ' an4 ':maintain, during t �e -1"i.felbf this- =Coritr-act, Comprehensive Autotnobile Liability indiurance'-'in an amount not less tWan $ 25D 000 for' injuries _.i'n_cluding accidental death' to "a-by one person and subject to *. thesame limit for each' person- an amouhit not less Athan -$.500 , 000 on 'account' 'of ohe accident , and T t, -v, automobile property damage' insurance in"an amount . not less than $100,000.i e. SCOPE OF INSURANCE : AND SPECIAL HAZARD: The Insurance required under the above - paragraph shall ,. provide -:a.dequate protection for' the-Contractor and i his sub=contractors, - respectively, against damage claims :wh=ich may arise from operat`io'ns '-under this contract, :whether `such operations' be' fiy the insured or by anyone d'irectl`y`=or indirectly employed by . ' ihim, %4nd also against any of the `foi`lowi-pg special hazards which may be `encountered inthe='performance of. the Contract.- "s Contract."s f...J`•.� 'F L.. - .. ,*iNf: '� . ay k R'i ..-r -.n"Jf b.. ... f. PROOFOFCARRIAGE OF INSURANCE: _ `�The ':tontractor shall furnish the Owner with satisfactory proof of s.� ccowerage by insurance requited' -'in these Contract -Documents in amoufits'•And $by ' ca'r`riers' satisfactory to the Owner .' ( Sample; <attA'dhed `)' ' `A'll insurance requirements made upon the Contractorshall apply to >the sub-contract-ort,,` sli&dld. the Prime Contractor ' s insurance not cover the sub=contractor's work operations: 11 '. g LOCAL AGENT F:OR , INSURANCE :`AND- BONDING : The insurance and - bonding companies with whom the Contrac,tor 's insuranicdlan?d=�pe'rforman•ce, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6 ) City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and musthave authority and power to act on beh'al f of 'the insurance and/or bonding company to 'negotiate and settle with the City of Fort Worth, 6_r any other claimant, any claims that the City of Fort Worth or other claimant or any --property owner who has been damaged , may have against 'the Contractor , insurance, and/or bonding company. If the local i-nsurance representative" is :not so empowered by_ the. insurance or bonding companies, then. such. authority must n.be. vested in a local agent or claims- officer residing in the Metroplex, the Fort Worth`-Dali.as area. The name of the`-agent -or agents 'shaYl' be set forth on all .of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR'.S OBLIGATIONS: Under the Contract, the Contractor shall pay - for all material's, labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each 'payroll. „iO . covering .;payment of ;mages to. all person engaged'`"in wo-rk .'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" Co-ntr-act Documents shall be kept posted in a conspicuous place at the si-te. of the project at ;all times during the course of the ` Cb`int'ract . Copies of the wage rates will be furnished the Contractor; matter associated, such as maintaining :adequate and appropriate insurance: or security coverage .for the project. Such local authority fo.radministration of the work under the Contract shall be maintained .until all business transactions executed as part of.Ahe Contract are complete. Should, .the .Contractor! s .principal base>.ofa operations be other than in the „Fort _Worth-Dallas metropolitan area", notif ication of the Contr'actor 's :;assignment ' of local authbrity shall be made In writing.: to.,the Engineer in.•advance _of: -any 'work on the project, all ._apprIppr iately s gned and sealed,=as 4pplicable, by the Contx;actor-'. s ;;re,sponsible.,_:offkcers• =with the understanding that this written.;.assignment--of-authority to a local representative shill:_ become part: .of the project Contract as _though ;bound ;directly: Lnto the prbject- ddcaments . The inte' nt7'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 'direo`t bi..loc'al authority_; a This, same requirement -is imposed on"AKsurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, . at .his sole..,, d;iscre.tion , , may demand : that, 4-ucti... local-- repreIsentat :� e: be;.;repl.aced -and. the -.Eng- neer -=may7at�'=his`sole d -scret1on, - ,stop. all -work' until a-Anew _local authority satisfactory. to the¢.Enginee•r is assigned No credit of working time will be for,, periods in which work stoppagesaYe in ,effect for this reason. v - ` C3=3,..15 VENU: t Venue of any action' hereinunder `shall`' b'e exclusively in ..Tarrant.: County, Texas. ' xi 3 ,. '.fit ! '. . 4'•S'... ,!e f _ -.. ;. C3-3 (8) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of :these Contract Documents. to provide" for a complete', 'useful project which the Contractor undertakes to construct or furnish , all: in full compliance `with th-e requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall' do all 40- A as provided for in the Contract Documents, §hall'd& 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, iiaterials, 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 satisfacto=rily` 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 DocumepXs,, then "Special Provisions" covering all such: work will be prepared by the Owner previous td the time 'of receiving bids or proposals for siich work and furnished to 'the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Document's just as though they were originally. -mraitten therei'i-. 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' wfieri and as found to be necessary, and the Contractor -shallperform' the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes- increase or decrease the original quantity of any item or . items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to- the other party be entitled to;-a reviSed consideration upon that portion of the work aboe_ or below the:. 2.5 percent of the original quantity stated -An! the ..proposal; such r.ev_-ised.. cons- iders_ tion to be determined by special agreement -or_<.as hereinafter' provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) -T -t. f shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" x 11" sheets and at least five black or blue li-n' - prints shall be furnished to the Owner. -3 C4-4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES : Within .ten ( 10 ) days prior to submission of first monthly pr,og_r-ess ;payment , the Contractor shall prepare and submit to the: Owner for approval six copies of the- schedule., in which th.e Contractor. proposes to-`carry on the work, the date of which be; will. -start the =several `major activities. (i;ncluding pr.-ocurement, of materials, plans, and equipment) and ...the^,contemplated. dates for completing the same.-. 'The schedule shall .be 3n; 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 i adjustments in . contract gime approved. b the Engineer. Three copies of the updated schedule shall be delivered at such intervals as di-rected ,by the ,Owner. As a minimum, the, construction schedule shall incorporate all work .elements -and activ.itie& ;indicated in the pr`-oposal and in the technical specifications Prior, t.o the final -drafting of the detailed construction schedule', the Contractor shall r-.eview- the draft schedule with the Engineer to ensure the Contractor' s understanding of the contract requirements. The _followin ' g:,gu�;,delnes ha11.3be .:adhered: to` in preparing • - the: constructionschedule: a. Milestone dates and final project completion dates shall b-e developed to conform to time constraints , sequencing require'men'ts and completion time. =b. The. -:construction process- ,shall be divided into activities with time durations of -=approximately ;. fourteen :-( 14Y days and construction values not to ' exceed $ 50� 000 . Fabrication ; delivery- and submittal act;ivitie's `are except-ions to this. guideline. E C4-4 ( 4 ) 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; ether oral or written, appear £o the Contractor to involve Extra Work for which he should rece-ive compensation; he shall _,make written request to the Engineer for written orders authorizing such Extra Work,- prior to beginning such work. Should a differen'c`e arise as to what ;does o;r: does--not, constitute-Extra :Work, or as to the payment thereof , and t-h`e Engineer insists upon_ "its performance, the Contractor shall proceed-14ith the work ' afteir making. written request ,-for. written orders` and `shall keep an accurate account of the :actual reasonable cost thereof as provided under method ( Item C) . Claims for extra work will not .bepaid.. unless the Contractor shall file -his 'cla`im. 'with the Owner with in- .five ( 5:) days before --the time ` for,_making the first estimate-,after such wor=k is done and ,unlesg' the -cla;im is supported by satisfactory vouchers and certified payrolls' covering all labor and materials expended upon. the said Extra Work. The Contractorshall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary t.ot , enable the: ;Owner t.9 ' prepare. Uor permanent recor=d 'a corr6cted set of plans showing the actual installation: The compensation agreed upon for ' extra work' whether or not iniitiated by a '.change or.ger ' shall .,be a ;full,, c . plete :and final`.,ipt�yment for 'a11 ci `s'ts `Contractor ; pcurs, as q,:reaultl or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at. that tiiae,° including without limitation, any costs for delay, .extepded overhead, ripple- `or impact cost; or any other effect on, changed or unchanged work as a result or the change or extra work. C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work under 'this cofitract,``the Cor tfactor shall submit to the Owner and receive =the' Owner ' s -approv.al thereof., :a. "Schedule of Operations ; " showing by` a straight line .methodtt.he date of commencing and finishing- each of t;he major elements of the contract. `There sh`all 'be 'also shown the estimated monthly cost of work for which estimates are to be expected. ?here C4-4 (3 ) • -T fel shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted vertically. The progress charts shall be prepared on 8-1/2" -x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4-4 . 7 --PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES : Within ten ( 10) days prior. to submission of first monthly -progress payment , the Contractor shall prepare and= submit to the owner for approval six copies of the schedule in 'which the Contractor proposes to, -:carry on the work, the date of which he will start the several major activities ( including procurement of materials,; plans, and equi�pment.4 and the' con_templat6d dates for:.complet ng the same.- The schedul-e� shall be 'in the form of a time schedule Critical Path Method (CPM) network diagram: Asthe work progresses , the Contractor shall enter. :on the -diagram the actual progress at `the end of each partial payment period or at 1sudh intervals as directed ;by. the Engineer. ;The Contractor shall also revise the schedule to -reflect .any adjustments i-n' contract time approv.ed ,by -.t.he . Engineer: Three copies of the updated schedule shall: be delivered at -. such -intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the' tedhnic'al specifications. Prior to the final .drafting of the- detailed construction. schedule, the Contractor ' shall review the draft schedule with the Engineer to ensure the Contractor ' s understanding of the contract requirements. The._ :fol.lowing gu ddliAes 'shall_ be adhered 'to in preparing the const--ructidn scbedulez a. 'Mi 16ston`e, dates and final project completion dates -shall be developed to conform to time constrai.nt's , sequencing requirements and completion time. b. The construction process-.._shall be divided into _ activities with time du-rations of approximately fourteen (14 ) days and construction values not to...: exceed -:'$50 , 00.0 'abri;cation , de ivery and stibmi`etal activities are exceptions to this. - guideline. C4-4 ( 4 ) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the 'a4d'unt of time between the earliest start date and the 'late-s; start date of a cha-i-n .of activities o'f the CPM 1 construction schedule: Float' time` is no`t for the excl:.usive use or benefit-%of either-' the 'Contr.actor or,. the Owner. f _-, Th_irty days shall be used for submittal review , unless otherwise specif-b'd. ``` The - co.nstr,ugtion schedule shall as a minimum be divided. _ into.gpoeral categories as indicated :iii the `Proposal and Technical Specifications and each general category shall 'be broken, down into act-ivities in enough detail to` adhiev,e activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify- all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their.. logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3. Shop fabrication and delivery. 4. Erection or installation. 5. Transmittal of manufacturer ' s operation and maintenance instructions. 6. Installed equipment and materials testing. 7. Owner's operator instruction (if applicable) . 8 . Final inspection. C4-4 .(5) 9 . Operational testing. 10. Final inspection. 9 If , in the opinion of the Owner , work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require. the Contractor to -.submit a revised scheduIle-demons trating his program and proposed plan to make _up lg iq scheduled progress and to insure completion of. the:: work within.. ahe contract time ._ :If the Owner finds the prop"osed plan not acceptable , he may require the Contractor to increase the work force, the construction plant„and equipment , the number of:> work shift's or the overtime- operations without additional cost to the- Owner. Failure of the Contractor to comply with these requirements shall be considered grounds..for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified.. - f C4-4 ( 6 )