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HomeMy WebLinkAboutContract 29427 CITY SECRETARY CCITY ONTRACT D.O.E. FILE CT NO. CONTRACTOR'S BONDING CO. SPECIFICATIONS AND CONSTRUCTION'S COPY CONTRACT DOCUMENTS FOR CLIENT DEPARTMENT 1998 CIP PROJECTS : CONTRACT 25 Fogg Street East of I.H. 35 (South Frwy.), Dead End To Dead End DOE NO. 2198 � ORIGINAL �2-3�'03P02 : UNIT I: WATER IMPROVEMENTS -03P02 :42 R C VD PROJECT NO. PW53-060530175450 UNIT II: SANITARY SEWER IMPROVEMENTS PROJECT NO. PS58-070580174590 UNIT III: PAVING & DRAINAGE IMPROVEMENTS FILE NO. K-1614 CITY OF FORT WORTH, TEXAS 2003 GARY JACKSON MIKE MONCRIEF City Manager Mayor A. DOUGLAS RADEMAKER, P.E. DIRECTOR OF DEPARTMENT OF ENGINEERING �PE�F rE'�gs�f Dale Fisseler, P.E. Director of . . • • • • • • • . . .o KONSTANM BAKMTAS Water Department o • • • • • . , ll��o• 9"G/ST V2. Robert D. Goode, P.E. Director of Transportation and Public Works Department BHB Engineering & Surveying 309 W. 7th Street, Ste 500, Fort Worth,TX 76102 Tel (817)338-1277, Fax(817)338-9245 �. a�G-•,��— 110 UK. M&C Request Review Pagel of 2 FORT WORTH fft+ — -.- jiujnI Councig Agenda I M&C I Employee Directory I Morning Report Print M&C COUNCIL ACTION: Approved on 12/16/2003 -Ordinance No. 15805 DATE: 12/16/2003 REFERENCE NO.: **C-19903 LOG NAME: 30FOGG CODE: C TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Appropriation Ordinance and Award of Contract to McClendon Construction Company, Inc. for Reconstruction of Fogg Street, West of Berke Road to East Dead End, Contract 25, with Associated Water and Sanitary Sewer Main Improvements RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $379,763 from the Water & Sewer Fund to the Water Capital Project Fund in the amount of$191,886 and Sewer Capital Project Fund in the amount of$187,877; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$191,886 and the Sewer Capital Project Fund in the amount of $187,877, from the available funds; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of$644,981 for the reconstruction of Fogg Street including water and sanitary sewer main improvements. DISCUSSION: On December 19, 2000, the City Council adopted a resolution authorizing the issuance of$45,000,000 in Certificates of Obligation to supplement the funding of capital projects in the 1998 Capital Improvement Program. The Neighborhood Street Program was allocated $8,000,000 of these supplemental funds. Fogg Street, from west of Berke Road to the east dead end, is one of the streets identified for reconstruction in the 1998 Capital Improvement Program. The Water Department has determined that the existing water and sanitary sewer mains in the street should be replaced prior to street reconstruction. Bids were received on two alternates: Alternate "A" for 5-inch HMAC (hot mix asphalt concrete) over 6-inch subgrade with lime stabilization; and Alternate "B" for 6-inch concrete over 6-inch lime stabilized subgrade. After review of all the bid proposals, staff recommends the award of Alternate "B" for street reconstruction, as concrete will result in lower future street maintenance costs. The proposed street improvements include 6-inch lime stabilized subgrade and 6-inch concrete pavement, driveway approaches, and sidewalks along with water and sanitary sewer improvements. This project was advertised for bid on July 31, and August 7, 2003. On August 28, 2003, the following bids were received: http://www.cfwnet.org/council_packet/mc review.asp?ID=1322&councildate=12/16/2003 12/19/2003 M&C Request Review Page 2 of 2 Bidder Bid - Bid -Alternate B Time of Completion Alternate A (Asphalt Pavement) (Concrete Pavement) 110 Working Days McClendon Construction Company, Inc. $ 612,742.00 $ 644,981.00 Stabile &Winn N/A $ 680,859.10 JLB Contracting, L.P. $ 687,485.50 $ 726,310.40 Jackson Construction, Ltd. N/A $ 950,476.00 Rainier Construction Company $ 896,060.00 $ 955,982.00 Cleburne Utility Construction, Inc. $ 792,503.50 $1,072,203.50 Patco Utilities, Inc. $1,207,945.00 $1,503,035.00 In addition, funding for construction inspection and survey is needed in the amount of$16,686 for water main and $16,338 for sanitary sewer line replacements. Also included are contingency funds to cover change orders for water main ($8,343), sanitary sewer line ($8,169) replacement, and pavement and storm drain improvements ($15,738). McClendon Construction Company, Inc. is in compliance with the City's M/WBE Ordinance by committing to 47% M/WBE participation. The City's goal on this project is 20%. This project is located in COUNCIL DISTRICT 9, Mapsco 91G. 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 budgets, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund, and the Critical Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1 Q 1 P) E45 538070 0609020 $191,886.00 M-53 472045 060530175450 $191,886.00 1)PE45 538070 0709020 $187,877.00 1&2)PS58 472045 070580174590 $187,877.00 3) $166,857.00 2)PW 53 541200 060530175450 175 200.00 2)PW53 531350 030530175450 $16,686.00 39�PS58 541200 070580174590 $163,370.00 2)PS58 541200 070580174590 $171,539.00 3)C116 541200 020116040541 $314,754.00 2)PS58 531350 030580174590 $16,338.00 Submitted for City Managers Office by: Marc Ott(8476) Originating Department Head: A. Douglas Rademaker(6157) Additional Information Contact: A. Douglas Rademaker (6157) ATTACHMENTS 30Fogg.pdf http://www.cfwnet.org/council_packet/mc review.asp?ID=1322&councildate=12/16/2003 12/19/2003 AUG.22'2003 15:29 8173389245 Baird Hampton & Brown #1628 P.001/002 ADDENDUM NO.1 To the Plans,Specifications &General Contract Documents 1998 CEP Projects: Contract 25 FOGG STREET Water,Sanitary Sewer,Paving&Drainage Improvements DOE NO.2198 Advertised July 310,and August 7b,2003 Bid Date:August 28th,2003; 1:30 PM Addendum No. 1: Issued August 22°d,2003 This Addendum,forms part of the General Contract Documents&Specifications for the above referenced Project and modifies the original General Contract Documents&Specifications. Acknowledge your receipt of this Addendum by completing the requested information at the following locations: t (1) In The Space Provided Below (2) General Contract Documents&Specifications Part B-Bid Proposal,Page P-23,In The Space Provided (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: GENERAL CONTRACT DOCUMENTS&SPECIFI ATIONS: 1-PART B-PROPOSAL Is Revised As Follows.- 1. ollows:1. Bid Proposal Page P-11,Bid Item 12,modify"4"PVC Schedule 40 Sanitary Sever Service Line Per LF",to read,"Construct 4"Sanitary Sewer Service Line Per LF". 2. Bid Proposal Page P-14,Bid Item 2 clarification-the scope of work includes installation and maintenance of all erosion control measures described on the Erosion Control Plan,Sheet 9A,as well as the preparation and submittal of the Notice of Intent and the Notice of Termination.The Contractor is also responsible for performing inspections of the erosion control measures,preparing inspection reports, and mairtaining all Storm Water Pollution Prevention Plan documentation_ A copy of the Storm Water Pollution Prevention Plan is available for review at the City of Fort Worth Department of Engineering. 3. Bid Proposal Page P-17,Bid Item 17 and 18 clarification-all existing fences within the existing and/or proposed right-of--way,and fences within private property,which are in conflict with proposed improvements,or the orderly execution of the work,are to be removed,salvaged and reinstalled. 4. Bid Proposal Page P-22,modify last paragraph ...complete the contract within 160 Calendar days..,",to read,"-. complete the contract within 110 working days...",. 2-PART D-SPECIAL PROVISIONS Is Revised As Follows: 1. Special Provisions Page SP-2,Item 8,modify"m., for a period of one(1)year... to read," ...for a period of two(2)years...". Addendum No. 1, Page 1 of t 'Iry �R-11H UN ^o AUG.22'2003 15:29 8173389245 Baird Hampton & Brown #1628 P.002/002 2. Special Provisions Page SP-5,Non-Pay Item No 3–Protection of Trees,Plants and Soils,add the following,"All existing trees,within the public right-of-way, identified for removal or are in conflict with proposed improvements shall be removed by City forces. 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. ADD ACKNOWLEDGEMENT: A.Douglas Rademaker,P.E. Director,Dept.of Engineering j Bv: Address m v Approved City:_ P. 0, B Rick Trice,P.E. Telephone t BURLE5 N, TEXAS –f6U9 — Manager,Consultant Services Addendum No. 1, Page 2 of 2 TABLE OF CONTENTS GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FOGG STREET Units 1 , 11 & III PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS PREVAILING WAGE RATE(T&PW&WTR) SPECIAL INSTRUCTIONS TO BIDDERS(Water Dept. ) SPECIAL INSTRUCTIONS TO BIDDERS(T& PW Dept. )-BLUE- PART B PROPOSAL MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS-PINK- CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PART C GENERAL CONDITIONS(WATER DEPT. )-YELLOW- SECTION C-1;SUPPLEMENTARY CONDITIONS TO SECTION C-WHITE- PART D SPECIAL CONDITIONS(WATER DEPT. )-GREEN- SPECIAL PROVISIONS(T&PW DEPT.)-WHITE- PART E SPECIFICATIONS:REFER TO STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH(T&PW DEPT. ) SPECIFICATIONS:REFER TO GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER DEPT. PROJECTS PART F CERTIFICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND PART G CONTRACT(T&PW DEPT. ) APPENDICES APPENDIX A-STANDARD CITY OF FORT WORTH DETAILS APPENDIX B-EASEMENT/RIGHT-OF-WAY/PERMITS APPENDIX C-GEOTECHNICAL REPORT PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS PREVAILING WAGE RATE (T& PW &WTR) .� SPECIAL INSTRUCTIONS TO BIDDERS( Water Dept. SPECIAL INSTRUCTIONS TO BIDDERS( T & PW Dept. -BLUE- M& i AD AM i .m COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the furnishing of all labor, materials, services and equipment necessary in providing a completely constructed project identified as: 30 1998 CIP Projects: Contract 25 FOGG STREET DOE NO. 2198 EAST OF I.H.35 (SOUTH FRWY.) Dead End To Dead End UNIT I:WATER IMPROVEMENTS PROJECT NO. PW53-060530175450 UNIT II: SANITARY SEWER IMPROVEMENTS PROJECT NO. PS58-070580174590 UNIT III: PAVEMENT AND DRAINAGE IMPROVEMENTS K-1614 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m.Thursday,August 28"',2003,and then publicly opened and read aloud at 2:00 p.m.,in the Council chambers. Plans,Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth,Texas. One(1)set of plans and documents will be provided for a deposit of Thirty Five Dollars($35.00), such deposit being refundable if the documents are returned in good condition within ten(10)days afterthe bids are opened.Additional sets may be purchased on a nonrefundable basis for Thirty-Five Dollars($35.00)per set. 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 to City Ordinance No. 7400 (Fort worth City Code Sections 13-A-21 through 12-A-29), prohibiting discrimination in employment practices. A pre-bid conference will not be held. Bid security is required in accordance with the Special Instruction to Bidders. The major work on the above-referenced project shall consist of approximately the following: 2,400 L.F. 8" Water Line and Appurtenances 1,600 L.F. 8" Sanitary Sewer, Manholes and Appurtenances 6,500 SY 5" HMAC Pavement OR 7,170 SY 6" REINFORCED CONC.PVMT. Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. The improvements included in this project must be performed by a contractor who is pre-qualified bythe Water Department at the time of the bid opening. The Procedures for pre-qualification are outlined in the"Special Instructions to Bidders(Water Department)". Bidders,shall,if applicable,identify on the last page of the proposal section,the pre-qualified subcontractors who shall install the water and/or sanitary sewer facilities. Failure to list a sub-contractor who is pre-qualified by the Water Department shall result in the rejection of the bid as non-responsive. CNTB-1 Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda-by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817)871-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications books 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 copy of said forms from the City Project Manager named in this solicitation. SUBMISSION OF BIDS: Only one (1)contract will be awarded for the project which includes Units I,II and III based on the lowest total amount. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety(90)days from the date bids are opened. The award of contract, if made,will be within ninety(90)days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. 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 the City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM,GOOD FAITH EFFORT FORM with Documentation and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made.Such receipt shall be evidence thatthe 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. Fred Ehia, P.E.at(817)871-8424 or Mr. Konstantine Bakintas, P.E.at(817)338-1277 Ext. 238. GARY W.JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY ADVERTISING DATES: DEPARTMENT OF ENGINEERING A. DOUGLAS RADEMAKER, P.E., DIRECTOR Thursday,July 31st,2003 Thursday,August 7t".200 By: +j_Rick Trice, P.E., Manager,Consulting Services CNTB-2 CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving & Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $11.52 Front End Loader(2 1/2 CY& less) $9.94 Front End Loader(over 2 1/2 CY) $9.32 Milling Machine Operator $8.00 Mixer $11.00 Motor Grader Operator(Fine Grade) $12.31 Motor Grader Operator $13.75 Pavement Marking Machine $11.00 Roller, Steel Wheel Plant-Mix Pavements $9.88 Roller, Steel Wheel Other Flatwheel or Tamping $12.12 Roller, Pneumatic, Self-Propelled Scraper $8.02 Traveling Mixer $10.00 Reinforcing Steel Setter(Paving) $9.75 Truck Driver-Single Axle (Light) $8.00 Truck Driver-Tandem Axle Semi-Trailer $10.22 Truck Driver-Lowboy/Float $10.54 Truck Driver-Transit Mix $10.63 Truck Driver-Winch $9.80 r.. p ho SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City, in its sole discretion,may reject any bid for failure to demonstrate experience and/or r expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth, in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid, and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond, a payment bond, and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 4. WAGE RATES: Section C3-3.13 of the General Conditions is deleted and replaced with the following: r 06/04/03 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,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed,as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. r 06104103 e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. 06/04/03 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION&PUBLIC WORKS DEPARTMENT) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five(5%)per cent of the total of the bid submitted must accompany the bid,and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten(10)days after the contract has been awarded. To be an acceptable surety on the bond,(1)the name of the surety shall be included on the current U.S. Treasury, or(2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth(1/10)the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection,the successful bidder shall be required to furnish a performance bond as well as payment bond,both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas,as amended. In order for a surety to be acceptable to the City,(1)the name of the surety shall be included on the current U.S.Treasury List of Acceptable Sureties(Circular 870),or(2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-tenth(1/10)of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City,notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed, in the amount of the contract,solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall be executed,in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications,and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES:The Contractor's attention is called to Part 1,Item 8,paragraph 8.6,of the"General Provisions"of the Standard Specifications for Construction of the City of Fort Worth, Texas,concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT:All bidders will be required to comply with City Ordinance No. 7278 as amended +� by City Ordinance No. 7400(Fort Worth City Code Section 13-A-21 through 13-a-29)prohibiting discrimination in employment practices. i 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, .. including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. i (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work,maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled"Right to Audit"pertain to this inspection. ` (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the .� project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT:-A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement,if required,is to be prepared by an independent Public Accountant holding a valid-permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten(10)days of receipt of notice of award of contract,the Contractor must provide,along with executed contract documents and appropriate bonds,proof of insurance for Worker's Compensation and Comprehensive General Liability(Bodily Injury-$250,000 each person, $500,000 each occurrence;Property Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth,contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street,Fort Worth,TX 76102,r,for to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation,non-renewal,and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. i e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. y f. Deductible limits,or self-funded retention limits,on each policy must not exceed$10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance,in lieu of traditional insurance,City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The City must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project,Contractor shall report,in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. in. Upon the request of City,Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS:Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder"means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder"means a bidder whose principal place of business is in this state,and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 11923,as amended,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.In addition,the bidder shall submit the MBE/WBE UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("Documentation")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. Upon request,Contractor agrees to provide to owner complete and accurate information regarding actual work performed by Minority Business Enterprise(WBE)on the contract and payment therefore. Contractor further agrees to permit an 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 the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiation action under appropriate federal,state or local laws or ordinances relating to false statement; further,any such misrepresentation (other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participation in City work for a period of time of not less than three(3)years. 12. AWARD OF CONTRACT:Contract will be awarded to the lowest responsive bidder.The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine(49)days from the date the M/WBE UTILIZATION +.r FORM,PRIME 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 forty-nine(49)days after this documentation is received,but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT:The Contractor will receive full payment(minus 5%retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment,and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at(817) 871-7910.Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A.Workers Compensation Insurance Coverage a.Definitions: Certain of coverage("certificate").A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84),showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor"in§406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project,regardless of whether that person contracted directly with the contractor and do ft 6M regardless of whether that person has employees. This includes,without limitation, independent contractors,subcontractors,leasing companies,motor carriers,owner-operators. employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,without limitation,providing,hauling,or .E delivering equipment or materials,or providing labor,transportation,or toner services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. b. The contractor shall provided coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011 (44)or all employees of the contractor providing services on the project,for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must,prior to the end of the coverage period,file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project,and provide to the governmental entity: (1) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and 40 (2) no later than seven days after receipt by the contractor,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice,in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project,to: y (1) provide coverage,based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011 (44)for all of its employees providing services on the project,for the duration of the project; AN (2) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts,and provide to the contractor: (a) a certificate of coverage,prior to the other person beginning work on the project;and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery,within ten(10)days after the person knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project;and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1)-(7),with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the A, contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self i` insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative,criminal,civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by M the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules.This _ notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker"compensation insurance.This includes persons providing.hauling or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". a Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION_The contractor shall not discriminate against any person or persons because of sex,race,religion,color,or national origin and shall comply with the provisions of City �+ Ordinance 7278,as amended by City Ordinance 7400(Fort Worth City Code Sections 13A-21 through 13A-29),prohibiting discrimination in employment practices. r 17. AGE DISCRIMINATION_In accordance with the policy("Policy")of the Executive Branch of the federal government,contractor covenants that neither it nor any of its officers,members,agents,or employees,will engage in performing this contract,shall, in connection with the employment, advancement or discharge of employees or in connection%vith the terms,conditions or privileges of their employment,discriminate against person because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. 18. Contractor further covenants that neither it nor its officers,members,agents,or employees,or person acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this Contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirement. 19. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 20. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990("ADA"),Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or current employees of Contractor.Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. PART B PROPOSAL MINORITY AND WOMEN BUSINESSENTERPRISES SPECIFICATIONS -PINK- CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Ad r Ai i i i is iI i PART B- PROPOSAL (THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS) TO: Gary Jackson City Manager Fort Worth, Texas PROPOSAL FOR: 1998 CIP PROJECTS: CONTRACT 25—FOGG STREET: DOE N0.2198 UNIT I -Water Improvements UNIT II -Sanitary Sewer Improvements UNIT III -Paving & Drainage Improvements Pursuant to the foregoing"Notice to Bidders",the undersigned Bidder,having thoroughly examined the plans, specifications,General Contract Documents and General Specifications for Water Department Projects and the site of the project and understands the amount of work to be done,and the prevailing conditions, hereby proposes to do all the work,furnish all labor, equipment and material except as specified to be furnished by the City,which is necessary to fully complete the work as provided in the Plans and Specifications,and subject to the inspection and approval of the Public Works Director of the City of Fort Worth, Texas. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance Bond,Payment Bond approved by the City of Fort Worth for the performing and completing the said work within the time stated and for the following sums, to-wit: UNIT I BID SUMMARY - PAGE P-8 UNIT II BID SUMMARY - PAGE P-13 UNIT III BID SUMMARY - PAGE P-21 PROJECT TOTAL BID SUMMARY - PAGE P-22 9W P-1 UNIT I - FOGG STREET: WATER LINE IMPROVEMENTS ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID (Furnish and install, including all appurtenant work, complete in place, the following items): 1* 2400 LF Construct 8"Water Line in Place (Includes removal of Ex. Water Pipe) Per LF: ,� -I vke. Dollars Cents $ 2 S C $ 6000 2 20 LF Construct 8" Ductile Iron Water Line in Place as Directed by Engineer Per LF: Ti.i�, 60 Dollars Aa Cents $32-09 3* 100 LF Construct 6"Water Line in Place (Fire Hydrant Lead) Per LF: �OW Dollar:; 4Cents1P2qe $ Z4S0ca 4 20 LF Construct 6" Ductile Iron Water Line in Place as Directed by Engineer Per LF: Dollars Cents $3Os'D P-2 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 5 20 LF Extra Depth for Water Mains Over 1 Foot Below the Designed Elevation as Directed by Engineer Per L Dollars 00 Cents $ �La $ 6 10 EA 8" Gate Valve W/ Box and Lid Per Each: SCUD& two✓u Dollars Cents $ $ 700 7 2 EA 6" Gate Valve W/Box and Lid Per Each: q\tl& LVIAA reJ Dollars ala Cents $_50040 $- OX 00 8 2 TON C.I./D.I. Fittings Per Ton: ,u . ?(AAA Dollars VLo Cents $300b 9 1 LS Furnish & Lay 2" Pipe and Fittings for Temporary Service Connection for Entire Project Per Lump Sum: i.ve _IOU KJ ff,,6 )ollars e y1q) Cents P-3 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 10 40 EA 1" Service Tap (for single service)to Main Per EA: Cents $ '-?�co $�wo 0D 11 16 EA 1" Service Taps (for bullhead service) to Mf in Per EA: Mr rt� Dollars A-0 Cents $ oo $ 3g�°° 12 1200 LF 1" Domestic Type "K" Copper Service Line Per LF: u,1Pdu.e, Dollars ► Cents $ 2� $ �� 13 4 EA 1 '/2" -Inch Service Tap to Main Per EA: faw 6�✓L� 1��t&, Dollars ALJ Cents $4 $ f� 14 100 LF 1 Y2" -Inch Domestic Type "K" Copper Service Line from Main to Meter Per LF: S�Ve� Dollars V►v Cents $qM $ P-4 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 15 4 EA 2-Inch Service Tap to Main Per EA: EII]e c Dollars A Cents $ Q-0- $ 2000 16 100 LF 2-Inch Domestic Type "K" Copper Service Line from Main to Meter Per LF: Le.eM_Dollars 00 ✓�J Cents $ QQ- $ 17 40 EA Provide and Install Water Meter Box(Class A) Per EA: Dollars A Cents $ g 00 $ ZOD01 D 18 16 EA Water Meter Box (Class C)for Bullhead Service Per EA: Dollars vtb Cents � $ � 3G0 OD 19 3 EA Water Meter Box (Class B) Per EA: 014. ku re. Dollars 37 _ rw Cents 0° $ 5 P-5 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 20 2 EA Standard Fire Hydrant Assembly (3'6" Bury) Complete in Place Per EA: 'ov%e. -Ww5,a K a Sevevl VwL,,4rtl Dollars A4 Cents $�7 $ 3�-GOOD 21 4 LF Fire Hydrant Barrel Extension Per LF: Dollars Cents $ 22 100 LF Concrete Encasement as Directed by Engineer Per LF: —z- �� Dollars LAO Cents $ (�O' 23 100 LF Trench Safety for Depths of 5- Ft& Over and as Directed by Engineer Per LF: �71nQ _ Dollars V� Cents $ 0�2 $ 24 3500 LF Temporary Asphaltic Pavement Repair(6" Flexible Base & 2" HMAC) Per LF: Dollars Cents $ S� $ 2 2750 0 P-6 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 25 10 CY Ballast Stone for Miscellaneous Placement as Directed by Engineer Per CY: (�LA,Q Dollars A ) Cents $� $ �Q 26 10 CY Crushed Limestone for Miscellaneous Placement as Directed by Engineer Per CY: 0 e. Dollars A-D Cents $ ` CO $ 000 27 10 CY Type B (2500 #) Concrete for Miscellaneous Placement as Directed by Engineer Per CY: C)kQ., Dollars AV Cents $ $ Q oo 28 10 CY Type E (1500 #) Concrete for Miscellaneous Placement as Directed by Engineer Per CY: C"P Dollars, Cents $�Qq— VW $ 29 50 LF 3/4-Inch Domestic Type "K" Copper Service within Private Property By Licensed Plumber Pew 2 ti Dollarsc 00 ✓� Cents $ DUa $ .5()() P-7 ITEM APPROXIMATE DESCRIPTION OF ITEMS UNIT TOTAL NO. QUANTITY UNIT WITH BID PRICES WRITTEN PRICE AMOUNT IN WORDS BID 30 350 LF Permanent Asphaltic Pavement Repair, Per Figure 2000, Per LF: Dollars nn II '77 cc oa ' Cents $�,so $ 31 250 SF Permanent Concrete Pavement Repair, Per Figure 2000, Per SF: �tG�t.T Dollars Cents $ So $ 2-12-5 o0 32 100 Sy 2" HMAC Overlay W/Edge Milling Per Figure 2000 Per SY: Dollar: 00 Vl� Cents $ roo $ Ofl UNIT 1 : FOGG STREET WATER IMPROVEMENTS $ �� 7 *At the Contractor's option, unless otherwise noted, the price bid for water pipe shall be either Ductile Iron (Di) pipe or Polyvinyl Chloride (PVC) pipe per City of Fort Worth Water Department's General Contract Documents and General Specifications. * Type of Pipe Used (for 12" and Smaller) IP Class 51 - Polywrapped PVC DR -14 P-8 UNIT II- FOGG STREET: SANITARY SEWER IMPROVEMENTS ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS Furnish and install, including all appurtenant work, complete in place, the following items): 1 400 LF Pre-Construction TV Inspection of Sanitary Sewer to look for Services as Directed by Engineer Per LF: f OvV' Dollars and Cents $= $ 00 2 2 EA. Remove Ex. Sanitary Sewer Manhole Perff EA.: Wto �d Dollars and INC Cents $ ZS�� $ sOL �o 3 400 LF Cut, Plug and Abandon Existing Sanitary Sewer Line Per LF: T r-ee. Dollars and 0-0 Cents $ $ oo 4* 1600 LF Construct 8"Sanitary Sewer Line In Place All Depths (Includes Removal of Existing Sewer Pipe ) Per LF: I rr W2yltN i-+V-6 Dollars 50 $ �[wt�,�,���p and Cents $ ' 5* 35 LF Construct 6"Sanitary Sewer Line In Place All Depths Per LF: �►�1�/L�v J e, Dollars r Q and V0 Cents $ 25 $ ZJ75 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 6* 70 LF 8" CL 51 DI Sanitary Sewer Pipe All Depths) Per LF: V Dollars and Cents $ 35 .-� $ 2�o°O 7 6 EA 4' Dia. Std. Sanitary Sewer MManhholg,(to 6' Depth) per EA: C0� Dollars oc n and X1,0 Cents $�S� $ '1�Ur7� 8 4 VF Extra Depth for Sanitary sewer Manhole per VF: Dollars and I\Z Cents $135 00 $ 5q-opp 9 6 EA Concrete Collar for Sanitary Sewer Manhole Per EA.: Dollars and YW Cents $lop- $aw°O 10 6 EA. Water Tight Manhole Insert Per Dollars r and. VCents $-7r- � 1.0 $ 11 72 EA 4"Sanitary Sewer Service Tap Per EA.: Tui,) �11id j Cr A Dollars nnnn00 po and X1.0 Cents $ Ze- $ 14460 P-10 12 1,260 LF 4" PVC Schedule 40 Sanitary Sewer Service Line Per LF: S�VI Dollars $ ( i Q° $ 2142-040 and do Cents 13 900 LF 4" D.I. Sanitary Sewer Service Line Per LF: r l-Pevkb4 ' ow Dollars and +moo Cents $200 $ Z(t 000 14 1.0 Ton Ductile Iron Pipe Fittings Per Ton: w v �l.t,du5 •ti d Dollars and Cents $ 15 2 EA Construct Clay Dam,As Directed by Engineer, Per EA.: TWo kkkjAA+r--A— Dollars and Au Cents a $ 20C $ 4Da°o 16 72 EA Two Way Service Clean Out (Including Removal of Ex. Clean Out if Present) Per EA.: Ou,6►iJrr-1 �/bf Dollars UO and VU Cents $ , 3 e $ q3t.,Q 17 3800 LF Trench Safety for Depths of 5' & Over as Directed by Engineer Per LF: Dollars o ap and Cents $ $ '� 18 6 EA Vacuum Test Sanitary Sewer Manhole Per VU a 14 Dollars and ✓L(7 Cents 0$ too 0 $ P-11 19 1600 LF Post Construction TV Inspection of Sanitary Sewer Per LF: ¢� Dollars and-6 Cents $� $ZQ(o�°—° 20 3750 LF Temporary Asphalt Pvmt. Repair (6" Flexible Base&2" HMAC) Per LF: S(A Dollars and Cents $� s243752—' 21 10 CY Crushed Limestone for Misc. Placement as directed by Engineer Per CY: Dollars and Cents $—M— $ I 00 22 10 CY Ballast Stone for Misc. Placement as directed by Engineer Per CY: t)K-e Dollars Do Op and r-0 Cents $j $_�� 23 10 CY Type B (2500#) Concrete for Misc. Placement as Directed by Engineer Per CY: C)&O%-t— Dollars 1 � and J� I00 Cents $ ` $` 24 10 CY Type E(1500#) Concrete for Misc. Placement as Directed by Engine�((Per CY: UKD_ Dollars and 'ti's Cents $�00 $ LO 00 P-12 25 100 LF Re-Route Private Sewer Service (4" PVC Pipe)Within Private Property by Licensed Plumber, Per LF: —7vj,e, C Dollars oo % $Zoo $ m and Cents II UNIT II: FOGG STREET SANITARY SEWER IMPROVEMENTS $ ` �3 310 *At the Contractor's option, unless otherwise noted, the price bid for sewer pipe shall be either Ductile Iron (DI) pipe or Polyvinyl Chloride (PVC) pipe per City of Fort Worth Water Department's General Contract Documents and General Specifications. *Type of Pipe Used (12" and Smaller) IP Class 51 — Polybond Liner PVC SDR -35 P-13 UNIT III - FOGG STREET: PAVING & DRAINAGE IMPROVEMENTS ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS Furnish and install, including all appurtenant work, complete in place, the following items): 1 2 EA Project Designation Sign Per EA:: Qk�iuwLA.d-l UDollars and rw cents $ 15 0p0- $ pO 2 1 LS Provide Erosion Control Per SW3P and Sheet 9A, Per Lump Sum: �Fwv �41nu sayyA Dollars and AD Cents 3 1 LS Provide Traffic Control, Per Sheet a �M- m: �d S'evra ollars and v`y Cents $31-7000 $ 317 00-g- 4 1 LS Misc. Utility Adjustment Per Lump Sum: Eight Thousand Dollars and Zero Cents $8,000 $8,000.00 5 2,050 CY Unclassified Street Excavation Per^CY: Fouylem Dollars po and W411 Cents $-141 P� $Zq 72 S 0,7 Na P-14 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 6 50 CY Borrow( In Place)As Directed by Engineer, Per CY: 1 w� 1 f-e- Dollars v0 0 and "to Cents $_L2- $ DO SL 7 7900 SY 6" Lime Stabilized Subgrade Per SY: 1 c7 Dollars 0 and W"o Cents $2 $ gd� 8 150 TON Hydrated Lime for Lime Stabilized Subgrade(35 lbs Lime/SY Subgrade) ��Per TON: Dollars and ✓t.p Cents 0_ $ 12-WO 00 2- O00 9 600 SF Remove Ex. Conc. Valley, slabs, sidewalks, Stairs, Leadwalks & Wheelchair Ramps Per SF: Q3 Dollars ?S �\00 and u, Cents $ $ 5v 10 4700 SF Demolish & Remove Ex. Conc. Driveways Per SF: IIID Dollars "j S 00 and V Cents $ P-15 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 11 100 LF Remove Ex. Curb &Gutter Per LF: Dollars 0O and r - Cents $_� $ � S D 12 500 LF Construct 6-Inch Sub-Drain as Directed by Engineer Per LF: SI x Dollars rr- 00 and A.0 Cents $ �O 0 $ 3ax)OD 13 26 EA Water Meter Box Adjustment to Proposed Grade Per EA: Thirty Five Dollars and Zero Cents $35.00 $910.00 14 5 EA Water Valve Adjustment to Proposed Grade Per EA: Three Hundred Dollars and Zero Cents $300.00 $ 1500.00 15 5 EA Sanitary Sewer Manhole Adjustment to Proposed Grade Per EA: Three Hundred & Fifty Dollars and Zero Cents $ 350.00 $ 1750.00 16 610 CY Provide& Place Top Soil Backfill Within Parkway Per CY: Eleven Dollars 11.00 $6,710.00 and Zero Cents P-16 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 17 1600 LF Remove and Salvage Existing Chain Link&Wire Fence Per LF: d1ic� Dollars (' r � and t"�T Cents $ SO $1Lo 00 18 1600 LF Install Chain Link&Wire Fence Per LF: :Tw a Dollars and Ka Cents $2 f s-3-2-col 19 90 TON Construct Asphalt Roadway Transition Per TON: iG V-L, Jam. Dollarso $ 74-96R- and Cents 20 35 TON Construct Asphalt Driveway Transition as Directed by Engineer Per TON: Dollars and Vt.v Cents $ $ 2c75°O 21 4650 SF Construct 6"Thick Concrete Driveways Per SF: �t yz Dollars And ykO Cents $ $ Z 3Z 50 00 22 500 SF Construct 4"Thick Concrete Sidewalk -and Ramps Per SF: I'7�UY Dollars �,5� and l Cents $ -f $ 2Z50 P-17 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 23 20 CY 6" Flexible Base for Driveway Transition as Directed by Engineer Per CY: 7%&" x Dollars So p0 and Cents $ 3� — $ 730 24 200 SY Provide and Install Rock Rip Rap (18"Thick), Per Sheets 10 & 13, Per SY: tea a�1.�G�K Dollars a and Cents $ 10 $ 25 100 LF Provide and Install Standard Dead-End Barricade Per LF: Twek�u sJh.41 Dollars 00 and_ �tv Cents $Z -.q: $ 240b 26 100 CY Concrete Retaining Wall With Sidewalk, Per TPW Detail, Per Sheet 12, Per IWCY: JD 0u 6y Dollars 00 and_ Cents $_�� $2�Q DO 27 2 CY Construct Concrete Steps Per TPW Detail as Directed by Engineer CY: +�4 4U Dollars $230` $ 4-.612-° andyt C Cents 28 7 EA Relocate Existing Brick Mailbox Per EA: Dollars 7��! r c � and �A O Cents $ $ 7�l " P-18 ITEM APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. QUANTITY UNIT BID PRICES WRITTEN IN PRICE AMOUNT BID WORDS 29 16 EA Relocate Existing Standard (Non Brick) Mailbox Per Each: Dollars a0 ao and (ham Cents $`� 30 60 LF Construct 6"Wide X 18" Deep Concrete Header, Per Sheet 10 & 13, Per LF 7F-%61 •+ Dollars and A-� Cents $ $ l ZC 00 SUB-TOTAL for FOGG STREET Base Bid Items00 � (7 r�, u , ., P-9 9 Alternate A(Asphalt Pavement) 1A 3750 LF Construct 7"Conc. Curb & 18" Gutter Per LF: �wPIVd., Dollars and KO Cents $�Z- $ y-5 000 2A 200 SY Construct 7" Reinforced Concrete Valley Gutter Per SY: l{ILfi r�w -60 Dollars and Cents $ 200 $ (0 3A 6500 SY 5" HMAC Pavement Per SY: Te Vt Dollars !o� J and Cents $1 coq Zzs 00 a SUB-TOTAL for Alternate A(Asphalt) Items $ 7-0 (o ZS b Alternate B ( Concrete Pavement) 1 B 7170 SY Construct 6" Reinforced Conc. Pavement Per SY: M I Ari+( Dollars and T"I t CentsON $ $I 3- q 8 2B 3750 LF Construct 7"Attached Conc. Curb Per LF: —F1',10 Dollars sd and Cents $2 ^ $ 75 00— P-20 3B 4600 LF Silicone Joint Sealant for Concrete Pavement Per LF: QO Dollars f�(01 -1 and 5cX 4\tCents $ V $ i 4B 50 LF 7" Concrete Curb & 18" Concrete Gutter as Directed by Engineer Per LF: T,c(A Dollars civ 00 and A-O Cents $ � SUB-TOTAL for Alternate B (Concrete) Items j $ t 2 S(04 CIO UNIT III SUMMARY FOR FOGG STREET PAVING ALTERNATE A(ASPHALT PAVING) Ob, SUB-TOTAL for FOGG STREET BASE BID ITEMS $ 4q2_ . 111 SUB-TOTAL for ALTERNATE A ITEMS $ 12 l S(o Z UNIT III: TOTAL FOR ALTERNATE A(Asphalt) $ — _�� 2 1 TZ� ALTERNATE B (CONCRETE PAVING) �J, 00 SUB-TOTAL for FOGG STREET BASE BID ITEMS $ �t Z. � �- t� D� SUB-TOTAL for ALTERNATE B ITEMS $ UNIT III: TOTAL FOR ALTERNATE B(Concrete) $ 41, q S 1 00 P-21 TOTAL BID SUMMARY for FOGG STREET(WATER, SEWER& PAVING) ALTERNATE A(ASPHALT PAVING) UNIT I TOTAL WATER IMPROVEMENTS (P-8) $ I L ta, S57 UNIT II TOTAL SEWER IMPROVEMENTS (P-13) $ UNIT III TOTAL ASPHALT PAVING (P-19) $ Z97-515 00$Zr71500 TOTAL AMOUNT BID THIS PROJECT FOR ALTERNATE A $ ALTERNATE B (CONCRETE PAVING) UNIT I TOTAL WATER IMPROVEMENTS (P-8) $ MAO; O; UNIT II TOTAL SEWER IMPROVEMENTS(P-13) $ I lo?!� 3700' UNIT III TOTAL CONCRETE PAVING (P-19) $ I 7 s+�`- 00 TOTAL AMOUNT BID THIS PROJECT FOR ALTERNATE B awl 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. The attached bid security in the amount of�gL 6kQ is to become the property of the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1,1978,and that he has read and thoroughly understands all of the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors,or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No 7400. The Bidder agrees to begin construction within_ 101 calendar days after issue of the work order,and to complete the contract within 1.ffl=a4an -days after be inning construction as set forth in the written work order to be furnished by the Owner. lto Wovk.a&3 C Ahr..L v► #I� f1J' J "'A aSvU C P-22 J! l'ni (Complete A or B below, as applicable:) ❑ A. The principal place of business of our company is in the State of Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. 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. Receipt is acknowledged of the following addenda: Addendum No. 1 _ (SEAL) If Bidder is Corporation Addendum No. 2 Addendum No. 3 Resp y submitted, By: ,I P29 Title: DAN MCCLENDON, PRESIDENT Address Mr-CLENDON CONST CO., INC. P.O. BOX 996 BURLESON,TEXAS 76097 P-23 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. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 17%for Asphalt Alternate of the base bid value of the contract. j or 20%for Concrete Alternate 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 b, 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. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will recei— J by 5:00 p.m., five (5) City business days after the bic perform all subcontracting/supplier work: openinq 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. _Lopening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 871-6104. Rev. 5/28/03 e ATTACHMENT 1/ Page 1 of City of Fort Worth Disadvantage Business Enterprise Specifications DBE UTILIZATION -,-02-03A i . �o i2 V0 M4LMM CONST. Co. 1K. Avq!/s i- 28.2-003 PRIME COMPANY NAME BID DATE I q R G.t.P. Co•t�va[+ ZS - kyr�q S+r ec-� PROJECT NAME PROJECT NUMBER ALTAR ALT I&: ALT ' ALT8. CITY'S DBE PROJECT GOAL: 1-710 ZO to IDBE PERCENTAGE ACHIEVED: M-114416 U.17 fel Failure to complete this form, In its entirety with supporting documentation, and received by the Managing Departmen on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bi( being considered non-responsive to bid specifications. The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowinc misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considere( non-responsive to specifications. Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(*) Supplied(*) Z,-. U On ci U HH Z Z f-. Woikv a(Ad OrtK _ ,Wv, e°. ° 3o2,9ZZ�' T _ Pre-gvali Pi c J DBEs must:be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. (•) Specify all areas in which DBE's are to be utilized and/or Items to be supplied: (7 A complete listing of items to be supplied is required in order to receive credit toward the DBE goal. (")Identify each Tier level. Tier: Means the level of subcontracting below the prime contractor/consultant,i.e.,a direct payment from the prime contractor to a subcontractor is considered 1't tier,a payment by a subcontractor to Its supplier is considered 2nd tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5) CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF THE BID OPENING DATE Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department ATTACHMENT 1A Page 2 of 2 City of Fort Worth Disadvantage Business Enterprise Specifications DBE UTILIZATION Company Name, Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(*) Supplied(*) _ oo d m Z ~_ The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including DBEs) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the 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 creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less th ne (1)year. _ ,�LL DB _ RTIFIED BY THE CITY BEFORE CONTRACT AWARD � DAN McCLENDON,�SID€NT Authorized Signature Printed Signature 1 DAN MCCLENOON, PRFSinFNT Title Contact Name and Title (if different) WCLLVM CAST. CO. INC. Company Name Telephone Number(s) P.0. Rcyl R9 q Lb q) 2 q E - (9-7q Address Fax Number w(esoo ,TX 7&D47 City/State/Zip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (5)CITY BUSINESS DAYS AFTER BID OPENING,EXCLUSIVE OF THE BID OPENING DATE r Rev.6/2/98 Pages 1 and 2 of Attachment 1A must be received by the Managing Department PART C GENERAL CONDITIONS(WATER DEPT. ) -YELLOW- SECTION C-1;SUPPLEMENTARY CONDITIONS TO SECTION C-WHITE- 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 Cl-1 (2 ) C1-1.8 Specifications C1-1 (2) n C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans Cl-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) PIt"C")s 1 21(21`0120D B..6K 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 ) E 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 a Sewer Plant Facilities C4-4 (4 ) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer C5-5 (1) C5-5. 2 Conformity with Plans C5-5 (1) C5-5. 3 Coordination of Contract Documents C5-5 (2) C5-5. 4 Cooperation of Contractor C5-5 (2) C5-5.5 Emergency and/or Rectification Work C5-5 (3 ) C5-5.6 Field Office C5-5 (3 ) C5-5.7 Construction Stakes C5-5 (3 ) C5-5.8 Authority and Duties of Inspectors C5-5 (4 ) C5-5.9 Inspection C5-5 (5) C5-5.10 Removal of Defective and Unauthorized Work C5-5 (5 ) C5-5.11 Substitute Materials or Equipment C5-5 (5) C5-5.12 Samples and Tests of Materials C5-5 (6 ) C5-5.13 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 C8-8 (1 ) - C8-8. 4 Scope of Payment C8-8 (1 ) C8-8 .5 Partial Estimates and Retainage C8-8 (2 ) C8-8 . 6 Withholding Payment C8-8 (3 ) C8-8.7 Final Acceptance C8-8 ( 3 ) C8-8 .8 Final Payment C8-8 ( 3 ) C8-8. 9 Adquacy of Design C8-8 ( 4 ) C8-8.10 General Guaranty C8-8 ( 4 ) C8-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5 ) C8-8.13 Record Documents C8-8 (5 ) (4 ) 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 El-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS: The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid, PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) 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 a 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 Cl-1 (2) T 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 y synonymous. C1-1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR : The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1 . 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. C1-1 (3 ) C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR , CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. C1-1 . 20 CONTRACTOR : The person , persons , partnership , company, firm, association, or corporation , entering into a contract with the Owner for 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 sureties engaged are to be fully responsible for the entire and satisfactory' fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor , materials , tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1 . 23 WORKING DAY: A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 a .m, and 6 : 00 p.m. , with exceptions as permitted in paragraph C7-7 .6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows : C1-1 (4 ) f 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 . h 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 surface is any area except those defined above for "Paved Streets and Alleys. " C1-1 . 30 CITY STREETS: A city street is defined as that area between the right-of-way lines as the street is dedicated. C1-1 . 31 ROADWAY: The roadway is defined as the area between parallel lines two ( 21 ) feet back of the curb lines or four ( 4 ' ) feet back of the average edge of pavement where no curb exists. C1-1 . 32 GRAVEL STREET: A gravel street is any unpaved street to which has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. 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 a an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1 ) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project , it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES : The quantities of work and materials to be furnished as may Be listed in the proposal C2-2(1 ) forms or other parts of the Contract Documents will be considered as approximate only and will be used for the purpose of comparing bids on a uniform basis. Payment will be made to the Contractor for only the actual quantities of work performed or materials furnished in strict accordance with the Contract Documents and Plans . The quantities of work to be performed and materials to be furnished may be increased or decreased as hereinafter provided , without in any way invalidating the unit prices bid or any other requirements of the Contract Documents. C2-2 . 3 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF PROJECT: Bidders are advised that the Contract Documents on file with the Owner shall constitute all of the information which the Owner will furnish. All additional information and data which the owner will supply after promulgation of the formal contract documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. Bidders are required, prior to the filing of proposal, to read and become familiar with the Contract Documents , to visit the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigations, tests , boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time required for its completion, and obtain all information required to make an intelligent proposal. No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation , research , tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the r 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 :rust be given , and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS : Proposals may be rejected if they show any alteration of words or figures , additions not called for , conditional or uncalled for alternate bids , incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2. 6 BID ° SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract , the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security , to the City Manager or his representative in the official place of business as set forth in the " Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. _ C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for a non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may , at the option of the Owner , be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight ( 48 ) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2. 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" 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. H 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. y g . Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h . The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5 ) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 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 Con,,-racts with the Owner for a period of time of not less than six (6 ) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS : The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to 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) k bond shall guarantee the payment for all labor , materials , equipment, supplies , and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND : A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes . of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session , 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required . by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner . All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas, and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under .the contract until the new surety or sureties , as - required , have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner . C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the Owner has by appropriate resolution, or otherwise, awarded the contract., the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents . No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney, and executed for the Owner by - either the Mayor or City Manager. C3-3 . 9 FAILURE TO EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee ' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor shall not commence work until authorized in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written 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 N under this contract until he has obtained all the insurance required under the Contract Documents , and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) certificate of insurance for approval . The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors . a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. jW 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 p following insurance.- 1. nsurance:1. Contingent Liability ( covers General Contractor ' s Liability for acts of n sub-contractors) . 2. Blasting, prior to any blasting being done. 3 . Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4 . Damage to underground utilities for $500, 000. C3-3 ( 5 ) 5. Builder ' s risk (where above-ground structures are involved ) . - 6 . Contractual Liability ( covers all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain , during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to - the same limit for each person an amount not less than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100 , 000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively , against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special n hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor r 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 of 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 )