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Contract 29354
CITY SECRETAR SPECIFICATIONS AND CONTRACT DOCUMENTS CA L4 D.O.E. FILE FOR I .-16-03PO4 : 03 RCVD CONTRACTOR'S BONDING CO. LANCASTER AVENUE CONSTRUCTION'S COPY WATER AND SEWER IMPROVEMENTS ORIGINAL CLIENT DEPART;,;ENT DOE No.: 4007 CITY SECRLTARY CONTRACT No. a� ` Water Project No.: PW53-060530176350 Sewer Project No.: PS58-070580175700 FOR THE CITY OF FORT WORTH, TEXAS 2003 MIKE MONCRIEF GARY W. JACKSON MAYOR CITY MANAGER DALE A. FISSELER, P.E. DIRECTOR OF WATER DEPARTMENT ROBERT D. GOODE, P.E. DIRECTOR T/PW DEPARTMENT A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING Prepared by: LOPEZGARCIA GROUP 6850 Manhattan Boulevard Suite 300 Fort Worth, TX 76120 (817)446-1800 LGGROUP Project No. 201055.00 M&C Request Review Page 1 of 3 www, CIFWNet.org Home l Council Agenda I M&C J Employee Directory I Morning Report I Ads I PRS I Solution Zone I Departments I Site Map Print M&C COUNCIL ACTION: Approved on 12/2/2003 -Ord. 15773 DATE: 12/2/2003 REFERENCE NO.: C-19878 LOG NAME: 30CIRCLEC LANC CODE: C TYPE: NON-CONSENT PUBLIC HEARING: NO SUBJECT: Appropriation Ordinance and Award of Contract to William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Lancaster Avenue Water Main and Sanitary Sewer Main Improvements (Commerce Street to Lamar Street), Unit 1 RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$1,723,851.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of$1,366,148.00 and the Sewer Capital Project Fund in the amount of $357,703.00; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$1,366,148.00 and the Sewer Capital Project Fund in the amount of$357,703.00 from available funds; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of$1,575,851.00 for Lancaster Avenue water main and sanitary sewer main Improvements (Commerce Street to Lamar Street), Unit 1. DISCUSSION: On February 12, 2002 (M&C C-18963), the City Council authorized the City Manager to execute an engineering agreement (City Secretary Contract No. 27571)with EDAW, Inc., in association with other engineering and planning firms, to prepare plans and specifications for the reconstruction of Lancaster Avenue from IH-35W to Henderson Street. The improvements proposed under this project are necessary in order to facilitate the proposed paving improvements on Lancaster Avenue by the Texas Department of Transportation. The proposed improvements consist of approximately 5,800 linear feet of various size water pipes ranging from 8 to 24-inches in diameter and 1,800 linear feet of various size sanitary sewer pipes ranging from 8 to 15-inches in diameter. In order to expedite construction, the water and sanitary sewer improvements project were divided into the following units for design and construction purposes: Contract Limits Status Unit I Comerce Street to Lamar Street Bids received October 16, 2003 http://www.cfwnet.org/council_packet/mc review.asp?ID=1352&councildate=12/2/2003 12/10/2003 M&C Request Review Page 2 of 3 Unit II Throckmorton Street from Project will be advertised for bids 13th Street to Lancaster Avenue November 2003 The Unit 1 project was advertised for bid on September 18 and 25, 2003. On October 16, 2003 the following bids were received: Bidder Amount Time of Completion Atkins Brothers Equipment Company, Inc.* $1,414,363.00 120 Calendar Days AUI Contractors, L.P.** $1,449,450.00 William J. Schultz, Inc.d/b/a $1,575,851.00 Circle "C" Construction Company Barson Utilities, Inc. $2,092,489.10 Jackson Construction, Ltd. $2,565,545.00 *Atkins Brothers Equipment Company, Inc. was determined to be non-responsive to the project specifications by failing to submit the necessary M/WBE documentation within the stipulated time frame. **AUI Contractors, L.P. was determined to be non-responsive because the company did not submit a bid bond at the time of bid opening as required in the contract documents. In addition to the contract cost, $99,000.00 (water: $79,000.00; sewer: $20,000.00) is required for inspection and survey, and $49,000.00 (water: $34,000.00; sewer: $15,000.00) is provided for water and sanitary sewer project contingencies. William J. Schultz, Inc. d/b/a Circle "C" Construction Company is in compliance with the City's M/WBE Ordinance by committing to 22% M/WBE participation. The City's goal on this project is 22%. This project is located in COUNCIL DISTRICT 9, Mapsco 76D and 77A. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of Recommendation No. 1 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Funds. TO Fund/Account/Centers FROM Fund/Account/Centers 1_&2) 3) $1,253,148.00 PW53 472045 060530176350 $1,366,148.00 3) PS58 541200 070580175700 $322,703.00 1&2) PS58 472045 070580175700 $357,703.00 1) PE45 538020 0609020 $1,366,148.00 2) PW53 541200 060530176350 $1,287,148.00 1) PE45 538070 0709020 $357,703.00 2) PW53 531350 030530176350 $79,000.00 2)PS58 541200 070580175700 $337,703.00 2) PS58 531350 030580175700 $20,000.00 Submitted for City Manager's Office by: Marc Ott (8476) http://www.cfwnet.org/council_packet/mc review.asp?ID=1352&councildate=12/2/2003 12/10/2003 M&C Request Review Page 3 of 3 Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS 30Circle C Lanc.pdf http://www.cfwnet.org/council_packet/mc_review.asp?ID=13 52&councildate=12/2/2003 12/10/2003 LGG #201055.00 ADDENDUM NO. 1 TO THE CONTRACT DOCUMENTS AND SPECIFICATIONS Lancaster Avenue Water and Sewer Improvements Water Project No. PW53-060530176350 Sewer Project No. PS58-070580175700 D.O.E. NO.4007 BID SUBMITTAL DUE DATE: OCTOBER 16, 2003 This Addendum No. 1 forms part of the Specifications and Contract Documents for the above referenced project and modifies the original Specifications and Contract Documents. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: 1) In the space provided below 2) Specifications and Contract Documents Part B—Proposal, Page 5 (18) 3) Indicate in upper case bold lettering on the outside of your sealed bid envelope: "ADDENDUM NO. 1 —RECEIVED&ACKNOWLEDGED" PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: CONTRACT DOCUMENTS AND SPECIFICATIONS 1. PART B — BID PROPOSAL, SECTION "A" PAGE 5(6)—QUANTITY ON PAY ITEM NO. 41 HAS CHANGED. REPLACE PAGE 5(6)WITH NEW PAGE 5(6),ADDENDUM NO. 1 2. PART B — BID PROPOSAL, SECTION "A" PAGE 5(8) — ADDED PAY ITEM NO. 57. REPLACE PAGE 5(8)WITH NEW PAGE 5(8), ADDENDUM NO. 1 3. PART B — BID PROPOSAL, SECTION "B" PAGE 5(15) — ADDED PAY ITEM NO. 35. REPLACE PAGE 5(15)WITH NEW PAGE 5(15),ADDENDUM NO. 1 4. M/WBE GOAL FOR THIS PROJECT HAS BEEN CHANGED FROM 20% TO 22% 5. SOILS BORING LOG INFORMATION IS INCLUDED IN THE SWPPP REPORT, AND IS AVAILABLE FOR VIEWING AT THE PLANS DESK OF THE DEPARTMENT OF ENGINEERING A signed copy of this Addendum No. 1 should be included in the sealed bid envelope at the time of bid submittal. Failure to acknowledge the receipt of this Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. ADDENDUM NO. 1 ACKNOWLEDGEMENT: �. A. Douglas Rademaker, P.E. Company: C/relt C CD/i8�iuc%!O/7 Director, Dept of Engineering Address: PC) BQZC y©,9 Z8 / Approv d: �+ City: /gym 4)o`14 state: TX rt RickT ' P.E. Man ger, Consultant J Telephone# ��? 293 t�6 '',,J:-a 4� NO ,.,, 1 n,.,, 1 1 1 1 1 1 1 1 1 T 1 1 1 1 1 1 1 1 1 UL! in CUUJ J;IJV nr �n�cn.icl JLVu OCT-18-2003 THU 08:53 AM CITY F,W, ENG I NEER 1 NG FAX NO, 817 871 7854 P, 02 LGG $201055-00 ADDENDUM NO.Z TO THE CONSTRUCTION PLANS, CONTRACT DOCUMENTS AND SPECIFICATIONS Lancaster Avenue Water and Sower Improvements Water Project No. PW63436053017LSSO Sewer Project No. PS58-070580175TOO D.O.E.NO.4007 BID UUIIMITfAL DUE GATE: OQTQj}ER 19,AM This Addendum No. 2 forms part of the Specilrations and Contract Documents for the above referenced project and modifies the original Spedricadom and Contract Documents. Adenowledge your receipt of this Addendum No.2 by oompleOng the requested information at the follow Ing Iooatfons: 1) In the space provided below 2) Specifications and Contract Documents Part B—Proposal,Page 5(18) 3) Indicate in upper case bold lettering on the outside of your sealed bid envelope: "ADDENDUM NO.2—RECENE13 S ACKNOWLEDGED" P �E NAKE NOZE OF 7NE Mt 01iffi 6 RFWSM, CO(YtiTRUCTION PLANS,CONTRACT 00CLIMEND ANO SPECIFICATIONS 1. THE HOURS OF CONSTRUCTION ACTIVITE8 IN PLAN SHEET NO. 2. GENERAL NOTES NO. 7 IS CHANGED TO MATCH HOURS OF CONSTRUCTION IN TRAFFIC CONTROL PLANS,WHICH IS 9:00 A.M.TO 4:00 P.M. 2. BIO PROPOSAL, PAGE 5(17),CONTRACT TIME FOR CONSTRUCTION IS CHANGED FROM 90 CALENDER DAYS TO 120 CALENDER DAYS. A signed cow of this Addendum No. 2 should be included In the sealed bid envelope at the time of bid subrniltal. Failure to acknowledge the receipt of this Addendum No.2 could cause the subW901 borer to be considered'NONRESPONSIVE.'resulting In dlsquatiflcation. ADDENDUM NO.2 ACKNOWLEDGEMENT: ay:- �2 �� A. Douglas Rademaker, P.E. company C / C G ✓ A.-In Oirector,Dept offEngineering Address: O Box VD.?Z8 Apptaysd: LO City:-A*',t 44i6—slale:TX Rick Tri ,P_E. �!? Z 93 G 3 ge Manar,Consultant Services Telephatad►: /P Addendum No.2,Page 1 SPECIAL CONTRACT DOCUMENTS FOR LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS DOE No.: 4007 Water Project No.: PW53-060530176350 Sewer Project No.: PS58-070580175700 FOR THE CITY OF FORT WORTH, TEXAS 2003 1 hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Texas. lot •�c : '. 0 ; TANVIR UL ISLAM i ..:.....54259.......... °°eX,2s 0 QNA`ENvv LOPEZGARCIA GROUP M 6850 Manhattan Boulevard Suite 300 Fort Worth, TX 76120 (817)446-1800 LGGROUP No. 201055.00 TABLE OF CONTENTS Part A Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders Part B City of Fort Worth Minority/Women Business Enterprise Policy(Pink) Bid Proposal Part C General Conditions (Canary Yellow) Section Cl: Supplementary Conditions to Part C (Blue) Part D Special Conditions (Green) M Part DA Additional Special Conditions (Green) Part E Manhole Joint Sealing (Green) Specifications and Details(Green) Part F Vendor Compliance to State Law l Contractor Compliance with Workers' Compensation Law Certificate of Insurance Bonds (City of Fort Worth) 0 Performance Bond 0Payment Bond 0 Maintenance Bond Part G Contract(City of Fort Worth) Appendices TXDOT Agreement k LGGROUP No. 201055.00 i h PART A NOTICE TO BIDDERS P LGGROUP No. 201055.00 I r NOTICE TO BIDDERS Sealed proposals for the following: FOR: LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS DOE No.: 4007 Water Project No.: PW53-060530176350 rSewer Project No.:PS58-070580175700 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas,will be received at the Purchasing Office until 1:30 p.m., Thursday, October 16, 2003, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Department of Engineering will charge non-refundable fees in the amount of $30.00 for projects with 25 plan/profile sheets or less per plan set, $60 for projects with 26 plan/profile sheets or r.. more per plan set and $20 for projects involving only specifications/contract documents without plan/profile sheets. The major work on the above-referenced project shall consist of the following: op Water and Sanitary Sewer Replacement 2,183 LF 24 inch Water Main 572 LF 16 inch Water Main 1,474 LF 12 inch DI Water Main 1,552 LF 8 inch DI Water Main 241 LF 6 inch DI Water Main 174 LF 15 inch Sanitary Sewer Line 258 LF 16 inch DI Sanitary Sewer Line 149 LF 12 inch Sanitary Sewer Line 223 LF 10 inch Sanitary Sewer Line 931 LF 8 inch Sanitary Sewer Line A Pre-Bid Conference will be held on October 8, 2003 at 10:00 A.M. in TPW Conference Room 293. Bidders are encouraged to review the project plans and specifications prior to the pre-bid conference and be prepared to actively participate in the conference. Bidder's questions will be I answered at the pre-bid conference. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must submit the complete specifications book or risk rejection of bid. For additional information, please contact Mr. Tanvir (Tony) Islam, P.E., Project Manager, LOPEZGARCIA GROUP at (817) 446-1800; and /or Ms. Dena Johnson, P.E., Project Manager, City of Fort Worth - Department of Engineering at(817) 871-7866. Advertising Dates: September 18, 2003 September 25, 2003 LGGROUP No. 201055.00 1(1) PART A COMPREHENSIVE NOTICE TO BIDDERS LGGROUP No. 201055.00 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS DOE NO.: 4007 Water Project No.: PW53-060530176350 Sewer Project No.:PS58-070580175700 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., Thursday, October 16, 2003 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Department of Engineering will charge non-refundable fees in the amount of $30.00 for projects with 25 plan/profile sheets or less per plan set, $60 for projects with 26 plan/profile sheets or more per plan set and $20 for projects involving only specifications/contract documents without plan/profile sheets. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 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 Pre-Bid Conference will be held on October 8, 2003 at 10:00 A.M. in TPW Conference Room 293. Bidders are encouraged to review the project plans and specifications prior to the pre-bid conference and be prepared to actively participate in the conference. Bidder's questions will be answered at the pre-bid conference. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above-referenced project shall consist of the following: Section A -Water Line Replacements 2,183 LF 24 inch Water Main 572 LF 16 inch Water Main 1,474 LF 12 inch DI Water Main 1,552 LF 8 inch DI Water Main 241 LF 6 inch DI Water Main 6 EA 2 inch Water Service Lateral Taps 227 LF 2 inch Copper Water Service 4 EA 4 inch Water Service Lateral Taps 165 LF 4 inch Copper Water Service 9 EA Fire Hydrant Section B -Sanitary Sewer Replacements 174 LF 15 inch Sanitary Sewer Line 258 LF 16 inch DI Sanitary Sewer Line 149 LF 12 inch Sanitary Sewer Line 223 LF 10 inch Sanitary Sewer Line 931 LF 8 inch Sanitary Sewer Line 14 EA Standard Manhole 2 EA Drop Manhole LGGROUP No. 201055.00 2(1) COMPREHENSIVE NOTICE TO BIDDERS and all necessary appurtenances and incidental work to provide a complete and serviceable project. Included in the above will be all other miscellaneous items of construction as outlined in the specifications and contract documents. 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 M/WBE UTILIZATION FORM, PRIM CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT 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. 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 Department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive. 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. SUBMISSION OF BID AND AWARD OF CONTRACT This document is designed as a single construction contract. The proposal has been separated into two sections, Section A—Water Line Replacements and Section B—Sanitary Sewer Line Replacements. Award of contract, if made, shall be to the responsive bidder for BOTH sections. The prospective bidder must submit their bid for the TWO sections and complete the Summary Page of Bid Proposal Section. In accord with the City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. The managing department for this project is the Department of Engineering. For additional information, please contact Mr. Tanvir (Tony) Islam, P.E., Project Manager, LOPEZGARCIA GROUP at (817) 446-1800; and /or Ms. Dena Johnson, P.E., Project Manager, City of Fort Worth - Department of Engineering at(817) 871-7866. GARY JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY By: �.. �/Z,-- RT 'ick e, P.E., Manager, Dep ment of Engineering, Engineering Services Division 4 ADVERTISING DATES: September 18, 2003 September 25, 2003 E LGGROUP No. 201055.00 2(2) I PART A SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) LGGROUP No. 201055.00 PART A SPECIAL INSTRUCTIONS TO BIDDERS 1) PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification ` process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened,and if inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(50/6)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred(100%) percent of the contract price will be required,Reference C 3-3.7. LGGROUP No. 201055.00 3(1) 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal.. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or LGGROUP No. 201055.00 3(2) privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from 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 of facts(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. 12. FINAL PAYMENT AND ACCEPTANCE: The project shall be deemed accepted by the City of Fort Worth as of the date that the final punch list has been completed,as evidenced by a written statement signed by both the contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. LGGROUP No. 201055.00 3(3) PART B MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS (WATER DEPARTMENT) LGGROUP No. 201055.00 FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. rr M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 20% of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by r either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation,or; ,. 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date,exclusive of the bid opening date. 4 statedgoal: w, 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S MIWBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)871-6104. Rev.5/30/03 ATTACHMENT1A Page 1 of 5 FORT WORTH City of Fort Worth i D-28-03A i 1 :52 RCVD Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime WILLIAM J.SCHULTZ,INC.DBA CIRCLE C CONSTRUCTION MNV/DBE X NON-"/DBE PROJECT NAME: Lancaster Avenue,Water&Sewer improvements BID DATE 10/16/03 City's M/WBE Project Goal: Prime's M1WBE Project Utilization: PROJECT NUMBER 22% 22% DOE#3089 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement With the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MMBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker,Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered tat tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace,that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. ftp ATTACHMENTIA ` Page 2 of 5 FORTWORTH 10-28-03A1 "1 : 52 icLvu ftw Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e., Minority,Women and non-MM/BEs. Please list MANBE firms first,use additional sheets if necessary. Certification N (check one) SUBCONTRACTOR/SUPPLIER T n Company Name i N T Detail Detail Address e M w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D W E E R O B C T E A M&M CONSTRUCTION 1 X SUPPLYING SAND,ROCK $ 90,186.00 9725 SALORN DR. MATERIAL HAULING OF CROWLEY, TX.76036 MATERIAL AND HAUL OFF $107,585.00 RICOHET FUEL DIST. 1 X SUPPLYING FUEL, OIL & $ 47,276.00 1101-A BEDFORD RD. MATERIAL HYD. FLUID BEDFORD, TX. 76002 REDI-MIX CONCRETE 1 X SUPPLYING CONCRETE $10,000.00 P.O. BOX 112578 MATERIAL CARROLLTON, TX. r SCHULTZIES CONC. 1 X SUPPLYING CONCRETE $ 20,531.00 500 W, TRAMMELL AVE MATERIAL EVERMAN, TX. 76140 p AMERICAN DUCTILE 1 X SUPPLYING DUCTILE IRON $279,016.00 IRON PIPE CO. MATERIAL PIPE r17950 PRESTON RD. SUITE 990 DALLAS, TX. 75252 r CUSTOM PLACTICS 1 X SUPPLYING PIPE & $101,641.00 1205 N. MAIN X MATERIAL RELATED JOB CARROLTON, TX. MATERIAL 76006 FOR_ TTWWO�RTH „- O-U ')A I I • ;�c IN u vu `- ATTACHMENT 1A ' y Page 3 of 5 Primes are required to identify ALL subcontractors/suppliers, regardless of status;i.e., Minority,Women and non-M/ BEs. Please list MAMBE firms first, use additional sheets if necessary. Certification N (check one) o SUBCONTRACTORISUPPLIER T In Company Name i N T Detail Detail Address eM w C X M Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T E E R O B C T E A CLS SERVICES & Y MANHOLES INTERIOR $ 5,695.00 SUPPLY INC. MANHOLE 726 S. SHERMAN ST. COATINGS RICHARSON, TX. 75081 AMERICAN N SUPPLYING BARRICADES $35,000.00 BARRICADES, INC. MATERIAL Y 107 ENON AVE. EVERMAN, TX. 76140 RENTAL SERVICE 1 RENTAL EQUIPMENT $ 6,000.00 CORP. RENTAL P.O. BOX 840514 DALLAS, TX. 75284 UNITED RENTAL INC. 1 X RENTAL EQUIPMENT $ 6,00000 3120 SPUR 482 RENTAL SUITE B IRVING, TX. 75062 JOHN A. MILLER & NINSURANCE BONDING, WC. $141,867.00 ASSOC. AND GENERAL P.O. BOX 7214 INSURANCE FT.WO RTH, TX. 7611 PM PE 10-48-03A11 : 52 RCVD ATTACHMENTIA FORT W09 H 1 0-28-03A 11 : i�z RCVC Page 4of5 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 346,688.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 570,750.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 917,438.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the 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. CAROL J. SCHULTZ Authorized Signature Printed Signature VICE PRESIDENT Tithe Contact Namarritle(if different) CIRCLE C CONSTRUCTION 817-293-1863 FAX 817-293-1957 Company Name Telephone and/or Fax P.O.BOX 40328 CIRCLEC1Ca MS.COM Address E-mail Address FORT WORTH,TX.76140 10/07/03 City/State/Zip Date r- Oct 28 03 09113a Cir C Const. 817-293-1957 P.2 CIRCLE "C" CONSTRUCTION CO. F.O. a0x 4026 Foat"MTN.IFXAS 76140 10-28-03A11 : 52 RCVD Tuesday,October 26,2003 M 3M C rwpucilen Bele NMU Fort Worth,Tx.76119 RE: Lancaster Avenue.Water and Sews, DQE a 3068 Door Mr. I cDor1l1, This 16 10 wow you that,lfawarded a oo*W on the above named protect,we Will use boor comparry Ike a MWBE Business. The&cope of true work will be eioppl*g.a hsuNrV of material(sant rock,eoncrcte)to Iho Job sties,end hwing of&cess meterin. The cider amount"be ap;m Mat*190,166.001or material and S107,565.00 for Wing excuse material. We will require you b fumish us wBh a Dopy of insurance for each tuck that win be used on the projeel. aleese slpn below and rehun to me. Sincerely. Carol J.Schu Carol J. hW1= WlBerm J. Im D Eno McDaniel Ord@ C Consitudon M B M CDngtPA;Cn PART B BID PROPOSAL e LGGROUP No. 201055.00 BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO.4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words SECTION "A" WATER LINE REPLACEMENTS 1 241 LF 6" D.I.Water Main ?CO.- e: a /i f" Dollars and no Cents o O per Linear Foot 2 1,552 LF 8" D.I.Water Main Sixl�g 40"r Dollars and n0 Cents per Linear Foot $ (, y 00 $ 97c?Z8 06 3 1,474 LF 12" D.I.Water Main .stve fy Dollars and he Cents p° 00 per Linear Foot $ 70 $ /03/$D "4 572 LF 16" D.I. Water Main Dollars and >C�'�'t_ Cents A, o w Aid 00 per Linear Foot "4A 572 LF 16" R.C.P.Bar Wrapped Concrete(C-303) Water Main ' Dollars '$O and „y Cents " J�/� $ per Linear Foot " 5 2,183 LF 24" D.I. Water Main No 8,•d n�� �•-���� -z 1' Dollars 4/0 and Cents OAS per Linear Foot r$� o $4-4-9-T44- " 5A 2,183 LF 24" R.C.P. Bar Wrapped Concrete(C-303) Water Main tone l an e%,r d - 04) Dollars /oo ev 2/BB00 and na Cents $ 2W 15 $ x'91 per Linear Foot LGGROUP No. 201055.00 5(1) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words *6 1 TN Cast/Ductile Iron Fittings for 16-inch D.I. Water Main, Complete in Place 1:54, Dollars and Cents NO per Ton '6A 1 LS Fittings and Specials for 16-inch Concrete Water Main, Complete in Plac rs•.,d i h Awn Dollars and 100 Cents per Lump Sum $ $ _ *7 8 TN Cast/Ductile Iron Fittings for 24-inch D.I. Water Main Complete in Place 46- 314 collars and n o Cents NO o u 001 per Ton $ u ' 7A 1 LS Fittings and Specials for 24-inch Concrete Water Main, Completein Place r �- n--; S;x`a Tls A&,.S ollars and n o Cents °O G0000 00 Go� per Lump Sum $ $ :, 8 1 EA 4"Gate Valve and Box IGa r Iii u n w/�� �/ Dollars and ny Cents per Each $ t�0 p so $ OD o U 9 13 EA 6" Gate Valve and Box /"-, �.n /' .'/ Dollars and Cents per Each $ 5-00 °U $ 00 ° 10 20 EA 8" Gate Valve and Box SIX Aundro e/ Dollars and h o Cents per Each $ 45-0 o� $ /300p o0 11 6 EA 12"Gate Valve and Box 4it 7640"SAAA/16r7le ,,,�i�o.�Dollars and ,�,� Cents u per Each $ //DOoo $ Goo D LGGROUP No. 201055.00 5(2) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 12 3 EA 16" Resilient-Seated Gate Valve and Vault S/X 7VgLdC0n&1e1gV /w nd,,Zollars and /70 Cents per Each $ /too o° $ ZDyoo°U 13 7 EA 24" Resilient-Seated Gate Valve and Vault *IX;.- c/ Dollars and nc Cents $ /30D0 U $ 9/0.00 °O per Each 14 6 TN Cast/Ductile Iron Fittings for 12"Water Line and Smaller `jrn�iiL 7 xf049 �lioa►senDollars and n0 Cents $ Sswo u $ Z/Ooa per Ton 15 6 EA 2"Water Service Lateral Taps Dollars and n fl Cents per Each $ ROD $ Yga D o G 16 227 LF 2"Copper Water Service 7 W101" �t nen a Dollars and /70 Cents per Linear Foot Z q ov S.g3 o U 6 17 4 EA 4"Water Service Lateral Taps orc ��sasano'��✓o�s.na/i��jollars and n d Cents per Each $ /Zoo°G $ ,y g o o °U 18 165 LF 4"Copper Water Service y ;.- Ise r Dollars and /70 Cents 0-0 per Linear Foot $ 3s' pO $ 5-77S- 19 1 EA 8"Water Service Lateral Taps ons �limasand two kuna//'peollars and ny Cents op per Each $ /200 $ /ZOO ° U 20 9 EA Class"B" Meter Box 74WO u.,gbod Dollars and '440 Cents per Each $ lot) oo $ LGGROUP No. 201055.00 5(3) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 21 9 EA Fire Hydrant nna ��er�son d�'.,.�`..��.•�Dollars and n e Cents eo per Each $ /Soo $ /35-00a0 22 27 VF Fire Hydrant Barrel Extension 70!.�0.0.0 .4 Dollars and nd Cents per Vertical Foot $ 0 0 e� $ 8/B 000 23 6 EA Remove and Salvage Existing Fire Hydrant 0".e 14a.,0/0 n,d Dollars and n 0 Cents per Each $ q00 o d $ ZY0 0 0 U 24 3 EA Remove and Replace Existing Meter Box eP,&r s^//t Dollars and " ° Cents OC per Each $ /S'O $ 9s-Z) v v 25 1 EA Remove and Relocate Existing Large Water Vault &g.&L,sond P•ae Lne6d0ollars and v Cents per Each $ZSOD a $ Z 5100 c 26 3 EA Remove and Salvage Existing 6-inch Gate Valve // ene fis.nc%io/ �''��, Dollars and -4 Cents per Each $ /SaGO $ xxoo-v 27 11 EA Remove and Salvage Existing 8-inch Gate Valve // 40#17-* x0nc%re✓ ez Dollars and n a Cents per Each $/ -r,o 00 $ !6S.6 a 28 6 EA Remove and Salvage Existing 12-inch Gate Valve &0 `i u n coffer C/ sy Dollars and 40 Cents per Each ° � $ 2so 0O $ /SO00 LGGROUP No. 201055.00 5(4) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 l Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 29 1 EA Remove and Salvage Existing 16-inch Gate Valve d on fxeuton d ye 6ollars and nn Cents per Each $ /X,0000 $ /5760 00 30 1 EA Remove and Salvage Existing 18-inch Gate Valve on / s �hoasond rt'dt`,uneleodbollarS and ey Cents Each E per ac . $ /X00 $ /S-60 ,6 31 2 EA Remove and Salvage Existing 30-inch Gate Valve 410 A40assod Dollars and ho Cents per Each $ 15-00 ov $ 57000 o U 32 1 EA Remove Existing Air Release Valve one 7%posoge/ t.'✓e Aand--AbIIars and n v Cents oe� per Each $ 45-00 33 1 EA 1-inch Air Release Valve 74rte YXomsandlor✓s A�»Dollars and 10 Cents per Each $ 0D,0© $ O0 oG 34 1 EA 2--inch Air Release Valve T' oa a iA*"sA n ed Dollars and 00 Cents 00 per Each $ 0 $ D00 ® U 0 0 35 1 EA 4-inch Blow-Off w/4"Gate Valve and Access Manhole 4U.- 74A4094J 4 n d Dollars and no Cents per Each $ 7 006 60 $ V006 0, 36 1 EA 6-inch Blow-Off w/6"Gate Valve and Access Manhole rip Ole Dollars and ..0 Cents oD per Each $ s0D o $ SODD 0 U LGGROUP No. 201055.00 5(5) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS ` DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 37 36 EA Cut and Plug 6-inch to 12-inch Waterline ode X40,0so n cd Dollars and 40 Cents per Each OCA 38 4 EA Cut and Plug 16-inch to 18-inch Waterline 7'we '1A04.64n (/ Dollars and ew o Cents per Each - 00 $ Z000 $ 0000'� 39 16 EA Cut and Plug Existing 30-inch Waterline fr✓e Tfi er.,so..d Dollars and 070 Cents per Each $ Z000 00 $ 3200000 40 20 LF Concrete Encasement 74, 1,. ?�y Dollars and 170 Cents per Linear Foot $ 1?0 ou $ 1000 00 41 5,307 LF Permanent Asphalt Pavement Repair per Figure 4 �w to Dollars and hn Cents per Linear Foot $ 13 z 00 $ /6 M oG 42 363 LF Concrete Pavement Repair per Figure 1 50yen v Dollars and ny Cents per Linear Foot m0 $ ?o $ ZSy/o 43 55 LF Permanent Brick Pavement Repair per Figure 3 Sewn& f'i'd� Dollars and /ttj Cents per Linear Foot $ 75' ° ° $ yizs o0 LGGROUP No. 201055.00 5(6) Addendum No. 1, Page 2 BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 44 50 CY Crushed Limestone for Miscellaneous Placement 0&7a Dollars and ne Cents per Cubic Yard $ ! o ° $ 000-.5U 45 1 LS 4"Temporary Service Line Including fittings ><' , �`ioa.t�►n d Dollars and no Cents per Lump Sum oa o0 $ S000a $ 46 120 LF Curb and Gutter Replacement Tidirr !�✓ Dollars and no Cents a oU per Linear Foot $ ZS o $ 3000 47 61 SY Concrete Sidewalk and Driveway Replacement Dollars and n 0 Cents o a oc per Square Yard $ SS $ .MSS 48 275 LF Abandon Existing 6-inch Waterline and Backfill with Flowable Fill f' V3 Dollars and .0)0 Cents per Linear Foot $ S. o O $ y�Zs o 0 49 510 LF Abandon Existing 8-inch Waterline and Backfill with Flowable Fill /IAP-e n Dollars _ and ny Cents o G per Linear Foot $ fur $ 7L S0 50 295 LF Abandon Existing 12-inch Waterline and Backfill with Flowable Fill k/,/.i r n Dollars and Cents per Linear Foot $ j,5 00-5 U $ yyZs- U LGGROUP No. 201055.00 5(7) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid a Item Written in Words 51 206 LF Abandon Existing 16-inch Waterline and Backfill with Flowable Fill eli,,n Dollars and 170 Cents 00 ao per Linear Foot $ $ 30 90 52 1,030 LF Abandon Existing 18-inch Waterline and Backfill with Flowable Fill Dollars and n d Cents o per Linear Foot $ /S 53 1,252 LF Abandon Existing 30-inch Waterline and Backfill with Flowable Fill f�v.•r,f y Dollars - and n o Cents $ Z® o° $ Z5-6 per Linear Foot 54 24 EA Pre-Construction Exploratory Excavation (D-Hole) pne A,4ze renr/1wc ,4v-9W1wWbllars and t.? Cents 00 per Each $ /Zoo $ 28800°D 55 1 LS Traffic Control Implementation �ven/y�i✓� /Xymroa 1 Dollars and .w Cents $ ZS'000 C $ ZS000 400per Lump Sum 56 1 LS Storm Water Pollution Prevention Plan (SWPPP)implementation 7,19y-0 &.0 4sa of e� Dollars and *d Cents 00 per Lump Sum 57 5,660 LF Trench Safety(Depths > 5') 44 i Dollars and /1!J Cents per Linear Foot TOTAL AMOUNT OF BID -SECTION "A"(WATER LINE REPLACEMENTS) co cv (TRANSFER TOTAL TO SUMMARY PAGE) its $ �; . Contractor to select either 4 or 4A , 5 or 5A, 6 or 6A and 7 or 7A LGGROUP No. 201055.00 5(8) Addendum No. 1, Page 3 BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 24" BAR WRAPPED CONCRETE CYLINDER PIPE (AWWA C3031 Add or Subtract for the following Concrete Fittings including installation Beveled Joints yZ oa 14 to 54 Beveled Joint $ Bends 24"x 11.259- Bend $ /.?oo 0 0 24"x 452 Bend Couplings 24" Coupling $ ` 5/00 oG Reducers 30"x 24" Reducer $ 34oe °G 24"x 16" Reducer $ /Goo 9"o 24"x 12" Reducer $ /goo--o Sleeves 30" Solid Sleeve $ LYoo aG Outlets 24"x 6" Outlet $ 7oo 0 o 24"x 8" Outlet $ 00 a Tees 24"x 12" Tee $ /00000 24"x 16" Tee $ /ooa 00 24"x 24" Tee $ S`Loe 00 24" DUCTILE IRON PIPE (AWWA C151) Add or Subtract for the following Ductile Iron Fittings including installation Beveled Joints 14 to 54 Beveled Joint $ Bends 24"x 11.251 Bend $ 24"x 454 Bend $ Couplings 24" Coupling $ Reducers 30"x 24" Reducer $ 24"x 16" Reducer $ 24" x 12" Reducer $ Sleeves 30" Solid Sleeve $ Tees 24"x 6 Tee $ 24"x 8 Tee $ 24" x 12" Tee $ 24" x 16" Tee $ 24" x 24" Tee $ LGGROUP No. 201055.00 5(9) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 16" BAR WRAPPED CONCRETE CYLINDER PIPE (AWWA C3931 Add or Subtract for the following Concrete Fittings including installation Beveled Joints 14 to 54 Beveled Joint $ 3G o 0 Bends 16"x 601- Bend $ /Y,0.000 Couplings 24" Coupling $.�000 o� Reducers 16"x 12" Reducer $ /So o c o Sleeves 16" Solid Sleeve $ o 0 Tees 6"x 8" Tee $ 70 0 ° o 16" DUCTILE IRON PIPE (AWWA C151) Add or Subtract for the following Ductile Iron Fittings including installation Beveled Joints 19 to 52 Beveled Joint $ I Bends 16"x 6(? Bend $ Couplings 16" Coupling $ Reducers 16"x 12" Reducer $ Sleeves 16" Solid Sleeve $ Tees 16"x 8 Tee $ LGGROUP No. 201055.00 5(10) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words SECTION "B" SANITARY SEWER REPLACEMENTS 1 556 LF * 8" PVC Sanitary Sewer Pipe (All Depths) Dollars and 090 Cents od per Linear Foot $ G b $ 333G o 0 0 2 225 LF * 8" PVC SDR 26 Sanitary Sewer Pipe (All Depths) Si X-1T iw 0 Dollars and '7 0 Cents per Linear Foot $ G Z $ /3900 D 3 150 LF 8" D.I. Sanitary Sewer Pipe (All Depths) sept 4 Dollars and 070 Cents per Linear Foot $ L oo $ ,D0s.0 oG 4 223 LF * 10" PVC Sanitary Sewer Pipe (All r Depths) si.rzu Jtyr n Dollars If and ,�1ft Cents per Linear Foot $ 47 " $ /Y?'/j DG 5 149 LF * 12" PVC Sanitary Sewer Pipe (All Depths) s;,v a n ine Dollars and ha Cents per Linear Foot $ 9 0 0 $ �OZg� v 0 6 174 LF * 15" PVC Sanitary Sewer Pipe (All Depths) .feyrn Dollars and r!o Cents per Linear Foot $ 7,5- 00 $ 430.5'0 0 7 258 LF 16" DI Sanitary Sewer Pipe (All Depths)_ L/f3�i �u 1"i'oe Dollars and n u Cents per Linear Foot $ gs $ � g3o 00 LGGROUP No. 201055.00 5(11) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 8 20 LF *6" Sanitary Sewer Service Line �or /-y Dollars and n e Cents per 1_inear Foot o v d $�— $ 800 0 9 2 EA Two Way Service Cleanout ���k dos o/i�,✓ �'•�f„ Dollars and n o Cents per Each $ ,�,5-0 o G $ 7D0 0 10 14 EA Standard 4' Diameter Manhole one 4ijh4oilars and '40 Cents per Each $ /S�o ° $2/oD ooh 11 2 EA Standard 5' Diameter Drop Manhole lli'r•-0 f&et,#so*V d Dollars and Cents per Each $ .rood ° U $ 40,0,0 " 12 50 VF Additional Depth Over 6'(Std.4' Dia. Manhole) Dollars and ho Cents per Vertical Foot $ /Zo 00 $ 6OD0 o O 13 23 VF Additional Depth Over 6'(Std. 5' Dia. Drop Manhole) on Dollars and Aci Cents U per VF $ 15 .0 O $ SD 00 14 16 EA Vacuum Testing of SS Manhole Dollars and n V Cents per Each $ �ur0 O U $ Z OO p 0 15 14 EA Watertight Gasketed Manhole Insert cac . un e%e., Dollars and ,rd Cents o0 per Each $1,0006, $ /'y0 0 LGGROUP No. 201055.00 5(12) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 16 2 EA Watertight Lockable Stainless Steel Manhole Insert Y/✓o li"" Dollars and no Cents per Each $ 20o v a $ po 0 0 17 16 EA Concrete Collar for Sanitary Sewer Manhole 010 Dollars and /70 Cents $ Z,So c $ yooO o per Each 18 3 EA Remove Existing Manhole •si x �i a�a✓ii 00" Dollars and '040 Cents o 0 per Each $ 4000 $ 400 ®D 19 16 VF Interior Manhole Protective Coating ons 4,ao%r el ti6lil�'1�7vt Dollars and 40 Cents v 0 per Vertical Foot $ ' $ Z q6 0 O G 20 6 EA Cut and Plug Existing Sanitary Sewer Pipe Get A,nc/i*,/Dollars and .040 Cents per Each $ i 40 0 a $ 9000 0 G 21 70 LF Concrete Encasement • Dollars and ,P y Cents o 0 per Linear Foot $ Z/00 22 768 LF Pre-Construction Television inspection of SS Pipe uc Dollars and Cents per Linear Foot $ 23 1,754 LF Post Construction Television Inspection of SS Pipe /P l Dollars and 40 Cents 06 4 per Linear Foot $�3 OO $ Z Z i LGGROUP No. 201055.00 5(13) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 24 1,251 LF Permanent Asphalt Pavement Repair per Figure 4 Dollars and /!y Cents per Linear Foot $ 3s u g y,�78s' 25 542 LF Concrete Pavement Repair per Figure 1 Dollars and n a Cents per Linear Foot ma 26 22 CY Crushed Limestone for Miscellaneous Placement C2"..g Dollars and 'd to Cents per Cubic Yard $ / O0 $ ZZ c 27 70 LF Curb and Gutter Replacement fi✓��Ve Dollars and ",76 Cents per Linear Foot $ ZS $ 17S'O� G 28 35 SY Concrete Sidewalk and Driveway Replacement Dollars and np Cents per Square Yard mo $ "0 29 472 LF Abandon Existing 6-inch Sanitary Sewer Line and Backfill with Flowable Fill 11 Dollars 3 and n O Cents per Linear Foot $ / $ $ 30 273 LF Abandon Existing 8-inch Sanitary Sewer Line and Backfill with Flowable Fill 4VI4010,, Dollars and Ay Cents per Linear Foot $—LX—L' $ 0 LGGROUP No. 201055.00 5(14) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO.4007 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 31 23 LF Abandon Existing 15-inch Sanitary Sewer Line and Backfill with Flowable Fill Ti IVi-e r, Dollars and r!e Cents per Linear Foot $ �S ° $ 3 y S o 0 32 10 EA Pre-Construction Exploratory Excavation (D-Hole) one �i�e..so„J 4bollars and 40 Cents per Each $ /,s'odoo $ /5.004000 33 1 LS Traffic Control implementation 70�✓in4f'a I as n Dollars and 00 Cents per Lump Sum $ LODoo $ t000 0 34 1 LS Storm Water Pollution Prevention Plan (SSW PP)implementation Dollars r 00 and CJD Cents ?oce 300d coo - . per Lump Sum 1 35 1,797 LF Trench Safety(Depths>5') only Dollars and /)p Cents per Linear Foot $ oo $ 17f 7 oa TOTAL AMOUNT OF BID - SECTION "B" (SANITARY SEWER REPLACEMENTS) °'° (TRANSFER TOTAL TO SUMMARY PAGE) $30Z703 LGGROUP No. 201055.00 5(l 5) Addendum No. 1, Page 4 BID PROPOSAL(CONTD.) CITY APPROVED PRODUCT AND APPROVED METHOD FOR * CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC.NO. SIZE E1-31 4"thru 30" E1-25 4"thru 15" E1-27 4"thru 15" E1-28 18"thru 27" E100-2 18"thru 48" Consult the"City of fort Worth,Texas,Texas Standard Product List'to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project.Any substitution shall result in rejection of bid as non-responsive. LGGROUP No. 201055.00 5(16) BID PROPOSAL (CONTD.) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract documents, for the faithful performance of the Contract. The attached bid security in the amount of is to become the property of the City of For Worth, Texas, in the event the contact and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, including latest revisions, 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 it employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order, and to complete the contract within ninety (90) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable) ❑ A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business are not required to underbid resident bidders. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. LGGROUP No. 201055.00 5(17) i BID PROPOSAL(CONTD.) Receipt is acknowledged of the following addenda: Addendum No. 1 I-95 Addendum No. 2 !j:fj Addendum No. 3 Respectfully submitted, P Y T�SwMt J;pe- cl,6 o- C"ecle C Cons1,rf-e-6in By: W.�.Ges..►.r• S Title A0 Box �D3z8 Fo.fC,Ja,��, Tx ?.-/yo Address ?1-7 - 293- 184.3 Telephone (SEAL) If Bidder is Corporation Date: 10 -l6- 03 LGGROUP No. 201055.00 5(18) BID PROPOSAL (CONTD.) LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS DOE NO. 4007 SUMMARY OF BIDS DO TOTAL AMOUNT OF BID-SECTION "A" (WATER LINE REPLACEMENTS) $ 12S31,18 TOTAL AMOUNT OF BID-SECTION "B" (SANITARY SEWER REPLACEMENTS) $ 32 2 703 DO GRAND TOTAL AMOUNT OF BID -SECTION "A" PLUS SECTION "B" $ (WATER AND SANITARY SEWER REPLACEMENTS) LGGROUP No. 201055.00 SUMMARY PAGE PART C GENERAL CONDITIONS LGGROUP No. 201055.00 PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders 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 Cl-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3) C1-1.12 City C1-1 (3) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer ' C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday C1-1 (4 ) C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order C1-1 (6) C1-1.28 Paved Streets and Alleys C1-1 (6) C1-1.29 Unpaved Streets and Alleys C1-1 (6) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 (6 ) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2.6 Bid Security C2-2 (3 ) (1) C2-2.7 Delivery of Proposal C2-2 (4 ) C2-2. 8 Withdrawing Proposals C2-2 (4 ) C2-2. 9 Telegraphic Modification of Proposals C2-2 (4) C2-2.10 Public Opening of Proposal C2-2 (4 ) C2-2. 11 Irregular Proposals C2-2 (4 ) C2-2.12 Disqualification of Bidders C2-2 (5) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3. 1 Consideration of Proposals C3-3 (1) C3-3. 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3. 3 Equal Employment Provisions C3-3 (1) C3-3. 4 Withdrawal of Proposals C3-3 (2) C3-3.5 -Award of Contract C3-3 (2) C3-3. 6 Return of Proposal Securities C3-3 (2) C3-3. 7 Bonds C3-3 (2) C3-3.8 Execution of Contract C3-3 (4 ) C3-3. 9 Failure to Execute Contract C3-3 (4) C3-3.10 Beginning Work C3-3 (4 ) C3-3.11 Insurance C3-3 (4 ) C3-3.12 Contractor 's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4.3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4.6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4 ) CS-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5.2 Conformity with Plans C5-5 (1) C5-5.3 Coordination of Contract Documents C5-5 (2) C5-5.4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work. C5-5 (3) C5-5.6 Field Office C5-5 (3) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized4Work C5-5 (5) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6) C5-5.13 Storage of Materials C5-5 (6) C5-5.14 Existing Structures and Utilities C5-5 (7) C5-5.15 Interruption of Service C5-5 (7) C5-5.16 Mutual Responsibility of Contractors C5-5 (8) C5-5 .17 Cleanup C5-5 (8) C5-5.18 Final Inspection C5-5 (9) (2 ) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 Laws to be Observed C6-6 (1) C6-6. 2 Permits and Licenses C6-6 (1 ) C6-6. 3 Patented Devices, Materials and Processes C6-6 (1) . C6-6. 4 Sanitary Provisions C6-6 (2) C6-6. 5 Public Safety and Convenience C6-6 (2 ) C6-6. 6 Privileges of Contractor in Streets, Alleys, and Right-of-Way C6-6 (3) C6-6. 7 Railway Crossings C6-6 (4 ) C6-6. 8 Barricades, Warnings and Watchmen C6-6 (4 ) C6-6.9 Use of Explosives, Drop Weight, etc. C6-6 (5) C6-6.10 Work Within Easements C6-6 (6 ) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor' s Responsibility for Damage Claims C6-6 (8 ) C6-6.13 Contractor 's Claim for- Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor 's Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6. 20 Personal Liability of Public Officials C6-6 (12) C6-6.21 State Sales Tax C6-6 (12 ) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7. 2 Assignment of Contract C7-7 (1) C7-7.3 Prosecution of the Work C7-7 (1) C7-7. 4 Limitations of Operations C7-7 (2 ) C7-7.5 Character of Workman and Equipment C7-7 (2) C7-7.6 Work Schedule 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 CS-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 ) (;8-8.7 Final Acceptance C8-8 ( 3) C8-8. 8 Final Payment C8-8 (31 C8-8.9 Adquacy of Design C8-8 (4) C8-8.10 General Guaranty C8-8 (4 ) C8-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5 ) C8-8.13 Record Documents C8-8 (5 ) (4) i it PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL' CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums .or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1. 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER: Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by. the Contract Documents and not specifically covered in the General Conditions . when considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1. 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. whenever reference is made to standard specifications, regulations, requirements , statutes , etc. , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: - a. Performance Bond ( see paragraph C3-3.7 ) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 . 10 CONTRACT: The Contract is the formal signed agreement - between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1 . 11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner ' s representative showing in detail the location, dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue - to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner. The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY: The City of Fort Worth, Texas , a municipal corporation, authorized and chartered under the Texas State Statutes, acting by and through its governing body or its City Manger , each of which is required by charter to perform = specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. . C1-1 . 14 MAYOR : The officially elected Mayor, or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1. 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. Cl-1 (3 ) C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the •City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1. 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. C1-1 . 20 CONTRACTOR: The person , persons , partnership , company, firm, association, or corporation, entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES : The Corporate bodies which are bound by such bonds are required with and for the Contractor . The t sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor, materials, tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY: A working day is defined as a calendar ay, not including Saturdays, Sundays , and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7 ) hours between 7 :00 a.m. and 6: 00 p.m. , with exceptions as permitted in paragraph C7-7.6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: 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 on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D. - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. -' Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron 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 not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders" shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. - C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other sur ace is any area. except those def ined above for "Paved Streets and Alleys. " C1-1. 30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. Cl-1. 31 ROADWAY: The roadway is defined as the area between - parallel lines two ( 21 ) feet back of the curb lines or four (41 ) feet back of the average edge of pavement where no curb exists. C1-1. 32 GRAVEL STREET: A gravel street is any unpaved street to which asbeen adde-a one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6 ) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2. 1 PROPOSAL FORM: The Owner will furnish bidders with proposal . form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder ' s "Experience Record, " "Equipment Schedule, " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status. This . statement must be current and not more than one ( 1 ) year old . In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has �r available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal C2-2(1 ) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2. 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional .information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to vis kt the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigations, tests , boring, and by such other _ means as may be necessary'to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the wo,rk and all attending circumstances' - affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation, research, tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2 (2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank, spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm , association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS : Proposals may be rejected if they show any alteration of words or figures , additions not _ called for , conditional or uncalled for alternate bids, incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2. 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal. " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. 1 C2-2( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will .be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal, shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner , be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2.10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders." All proposals which have been opened and read will remain on' file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 .11 IRREGULAR PROPOSALS: Proposals shall be considered as eing "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for, unauthorized alternate bids, or irregularities of any kind. However , the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of -the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim 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(S) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 .1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees , upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. r. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES : As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award. All other proposal. securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 .7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2) bond shall guarantee the payment for all labor , materials , equipment, supplies , and services used in the construction of the work , and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. .. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current D. S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a y C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract•, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized fn writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 . 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) certificate of insurance for approval . The prime contractor shall indicate on the certificate of insurance included in the .documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that ' the insurance coverage required herein shall incluCe the coverage of all sub-contractors. a. COMPENSATION INSURANCE: The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his, employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The - Contractor shall procure and shall maintain during the life of this contract Contractor ' s Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500 , 000 covering each occurrence on account of property damage with $2,000 ,000 umbrella policy coverage. C, ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: L 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4. Damage to underground utilities for $500,000. 9.a= C3-3 (5 ) 5. Builder ' s risk (where above-ground structures are involved) . 6. Contractual Liability ( cover.s all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100, 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and - his sub-contractors , respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub-contractor , should the Prime Contractor ' s insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor ' s insurance and performance, payment, maintenance and all such other bonds are written shall `be represented by an agent or agents having an office located within the city limits of the C3-3 ( 6) r r City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 .12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven ( 7 ) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous. place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , .firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project , all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE : Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8 )