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Contract 29726
'A N SPECIFICATIONS AND CONTRACT DOCUMENTS 1 FOR CITY SECRETARY 1 CONTRACT No. J LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE No.: 4294 CIN SECRETAQ\`� Water Project No.: PW53-060530176350 D.O.E. FILE Sewer Project No.: PS58-070580175700 CONTRACTOI"`, B(DNUNG CU. FOR CONSTRUCTIC)N'S COpY THE CITY OF FORT WORTH, TEXAS CLIENT DEPARTMENT 2003 MIKE MONCRIEF GARY W. JACKSON MAYOR CITY MANAGER DALE A. FISSELER, P.E. DIRECTOR OF WATER DEPARTMENT ROBERT D. GOODE, P.E. DIRECTOR T/PW DEPARTMENT A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING Prepared by: n� i 03-31 -04AJ3 :47 RCVD r LOPEZGARCIA GROUP r 6850 Manhattan Boulevard Suite 300 Fort Worth, Tx 76120 (817)446-1800 - LGGROUP Project No. 203052.00 ORIGINAIE 4 100 � City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/11/2004 - Ordinance No. 15908 DATE: Thursday, March 11, 2004 LOG NAME: 30JACK LAMAR REFERENCE NO.: **C-19990 SUBJECT: Appropriation Ordinance and Award of Contract to Jackson Construction, Ltd. for Lancaster Avenue Water Main and Sanitary Sewer Main Improvements (TxDOT Right-of-Way to Lamar Street and on Throckmorton Street from 13th Street to Lancaster Avenue), Unit II RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $399,202.75 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of$136,318.00, and the Sewer Capital Project Fund in the amount of$262,884.75; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $136,318.00, and the Sewer Capital Project Fund in the amount of$262,884.75 from available funds; and 3. Authorize the City Manager to execute a contract with Jackson Construction, Ltd. in the amount of $356,302.75 for Lancaster Avenue water main and sanitary sewer main improvements (TxDOT right-of-way to Lamar Street and on Throckmorton Street from 13th Street to Lancaster Avenue), Unit II. DISCUSSION: On February 12, 2002 (M&C C-18963), the City Council authorized the City Manager to execute an engineering agreement (City Secretary Contract No. 27571) with EDAW, Inc. in association with other engineering and planning firms to prepare plans and specifications for the reconstruction of Lancaster Avenue from IH-35W to Henderson Street. The improvements proposed under this project are necessary in order to facilitate the pending paving improvements on Lancaster Avenue by the Texas Department of Transportation (TxDOT). The proposed improvements consist of the construction of approximately 500 linear feet of primarily 12-inch diameter water pipe, and 1,200 linear feet of various size sanitary sewer pipes ranging from 8 to 16 inches in diameter. In order to expedite construction, the Lancaster Avenue water and sanitary sewer improvements project was divided into the following units for design and construction purposes: Contract Limits Status Unit I Lancaster Avenue from Bids received October 16, 2003, Commerce Street to Lamar Street Kickoff Ceremony January 30, 2004 Unit II Lancaster Avenue from TxDOT Bids received January 15, 2004 right-of-way to Lamar Street and Logname: 30JACK LAMAR Page I of 2 Throckmorton Street from 13th Street to Lancaster Avenue The Unit II project was advertised for bid on December 18 and 24, 2003. On January 15, 2004, the following bids were received: Bidder Amount Time of Completion Jackson Construction, Ltd. $356,302.75 45 Calendar Days AUI Contractors, LP $448,302.00 Conatser Construction, Inc. $448,302.00 William J. Schultz, Inc. d/b/a Circle $474,348.00 Construction Company In addition to the contract cost, $25,000.00 (water: $8,500.00; sewer: $16,500.00) is required for inspection and survey, and $17,900.00 (water: $6,100.00; sewer: $11,800.00) is required for water and sanitary sewer project contingencies. Jackson Construction, Ltd. is in compliance with the City's M/ BE Ordinance by committing to 2% M/WBE participation and documenting good faith effort. Jackson Construction, Ltd. identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the areas identified did not submit the lowest bids. The City's goal on this project is 19%. This project is located in COUNCIL DISTRICT 9, Mapsco 76D and 77A. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation No. 1 and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Water and Sewer Capital Projects Funds. TO Fund/Account/Centers FROM Fund/Account/Centers 182) PW53 472045 060530176350 $136,318.00 3) PW53 541300 060530176350 $121.718.00 182) PS58 472045 070580175700 $262,884.75 3) PS58 541300 070580175700 $234,584.75 2) PW53 541300 060530176350 $127,818.00 1) PE45 538070 0609020 $136,318.00 2) PW53 531350 030530176350 $8,500.00 1) PE45 538070 0709020 $262,884.75 2) PS58 541300 070580175700 $246.384.75 2) PS58 531350 030580175700 $16,500.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: A. Douglas Rademaker (6157) Logname: 30JACK LAMAR Pate 2 of 2 SPECIAL CONTRACT DOCUMENTS FOR LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE No.: 4294 Water Project No.: PW53-060530176350 Sewer Project No.: PS58-070580175700 FOR THE CITY OF FORT WORTH, TEXAS 2003 1 hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Texas. 14 e • �••e••................ams 'i ® TANVIR UL ISLAIM 8,4259. . . s�.....ANG ts,1VAL 7103 LOPEZGARCIA GROUP 6850 Manhattan Boulevard Suite 300 Fort worth, Tx 76120 (817)446-1800 R LGGROUP No. 203052.00 FD' k TABLE OF CONTENTS Part A Notice to Bidders Comprehensive Notice to Bidders Special Instructions to Bidders Part B City of Fort Worth Minority/Women Business Enterprise Policy(Pink) Bid Proposal Part C General Conditions (Canary Yellow) Section Cl: Supplementary Conditions to Part C (Blue) Part D Special Conditions (Green) Part DA Additional Special Conditions (Green) Part E Manhole Joint Sealing (Green) Traffic Control Details (Green) Specifications and Details (Green) Part F Vendor Compliance to State Law Contractor Compliance with Workers' Compensation Law Certificate of Insurance Bonds(City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond Part G Contract(City of Fort Worth) Appendices TXDOT Permit Temporary Right-of-Entry Easement Documents Soils Boring Report LGGROUP No. 203052.00 i PART A NOTICE TO BIDDERS LGGROUP No. 203052.00 NOTICE TO BIDDERS Sealed proposals for the following: FOR: LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE No.: 4294 Water Project No.: PW53-060530176350 Sewer Project No.:PS58-070580175700 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., Thursday, January 2004, and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. I� Plans, Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Department of Engineering will charge non-refundable fees in the amount of $30.00 for this project. The major work on the above-referenced project shall consist of the following: Water and Sanitary Sewer Replacement 380 LF 12 inch DI Water Main 97 LF 8 inch DI Water Main 20 LF 6 inch DI Water Main 296 LF 16 inch DI Sanitary Sewer Line 95 LF 8 inch Dl Sanitary Sewer Line 796 LF 8 inch PVC Sanitary Sewer Line A Pre-Bid Conference will be held on January 12, 2004 at 9:00 A.M. in TPW Conference Room 293. Bidders are encouraged to review the project plans and specifications prior to the pre-bid conference and be prepared to actively participate in the conference. Bidder's questions will be answered at the pre-bid conference. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must submit the complete specifications book or risk rejection of bid. For additional information, please contact Mr. Tanvir (Tony) Islam, P.E., Project Manager, LOPEZGARCIA GROUP at (817) 446-1800; and /or Ms. Dena Johnson, P.E., Project Manager, City of Fort Worth- Department of Engineering at(817)871-7866. Advertising Dates: December 18, 2003 December 24, 2003 LGGROUP No. 203052.00 1(1) r PART A COMPREHENSIVE NOTICE TO BIDDERS LGGROUP No. 203052.00 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE NO.: 4294 Water Project No.: PW53-060530176350 Sewer Project No.:PS58-070580175700 Addressed to Mr. Gary W. Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., Thursday, January 15, 2004 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. The Department of Engineering will charge non-refundable fees in the amount of $30.00 for this project. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. A Pre-Bid Conference will be held on January 12, 2004 at 9:00 A.M. in TPW Conference Room 293. Bidders are encouraged to review the project plans and specifications prior to the pre-bid conference and be prepared to actively participate in the conference. Bidder's questions will be answered at the pre-bid conference. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on the above-referenced project shall consist of the following: Section A-Water Line Replacements 380 LF 12 inch DI Water Main 97 LF 8 inch DI Water Main 20 LF 6 inch DI Water Main 1 EA 2 inch Water Service Lateral Taps 1 EA 6-inch Water Service Lateral Taps 60 LF 6-inch Copper Water Service 55 LF 2 inch Copper Water Service 1 EA Fire Hydrant Section B -Sanitary Sewer Replacements 296 LF 16 inch Sanitary Sewer Line 95 LF 8 inch DI Sanitary Sewer Line 796 LF 8 inch PVC Sanitary Sewer Line 6 EA Standard Manhole 1 EA Shallow Cone Manhole 1 EA Standard Drop Manhole 1 EA Standard 5-feet Diameter Drop Manhole .� and all necessary appurtenances and incidental work to provide a complete and serviceable project. Included in the above will be all other miscellaneous items of construction as outlined in the specifications and contract documents. LGGROUP No. 203052.00 2(1) z COMPREHENSIVE NOTICE TO BIDDERS The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the M/WBE UTILIZATION FORM, PRIM CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specification book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. SUBMISSION OF BID AND AWARD OF CONTRACT This document is designed as a single construction contract. The proposal has been separated into two sections, Section A—Water Line Replacements and Section B— Sanitary Sewer Line Replacements. Award of contract, if made, shall be to the responsive bidder for BOTH sections. The prospective bidder must submit their bid for the TWO sections and complete the Summary Page of Bid Proposal Section. In accord with the City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, ° PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with "Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. 6r The managing department for this project is the Department of Engineering. For additional information, please contact Mr. Tanvir (Tony) Islam, P.E., Project Manager, LOPEZGARCIA GROUP at (817) 446-1800; and /or Ms. Dena Johnson, P.E., Project Manager, City of Fort Worth- Department of Engineering at(817) 871-7866. GARY JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY Ri ce, P.E., Manager, partment of Engineering, Engineering Services Division ADVERTISING DATES: December 18, 2003 December 24, 2003 — LGGROUP No. 203052.00 2(2) PART A SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) LGGROUP No. 203052.00 PART A SPECIAL INSTRUCTIONS TO BIDDERS 1) PREOUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be prequalified by the Fort Worth Water Department prior to submitting bids. This prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidder's responsibility to submit the following documentation: a current financial statement,an acceptable experience record,an acceptable equipment schedule and any other documents the Department may deem necessary,to the Director of the Water Department at least seven(7) calendar days prior to the date of the opening of bids. a) The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status to the submitting company. This statement must be current and not more than one(1)year old. In the case that a bidding date falls within the time a new statement is being prepared,the previous statement shall be updated by proper verification. b) For an experience record to be considered to be acceptable for a given project,it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. c) The Director of the Water Department shall be the sole judge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e) The City,in its sole discretion,may reject any bid for failure to demonstrate experience and/or expertise. f) Any proposals submitted by a non-prequalified bidder shall be returned unopened, and if Y 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(51/6)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred(100%) percent of the contract price will be required, Reference C 3-3.7. - LGGROUP No. 203052.00 3(1) 4. WAGE RATES: V Section C3-3.13 of the General Conditions is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258,Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258,Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall,for a period of three(3)years following the date of acceptance of the work, maintain records that show(i)the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract;and(ii)the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of D-3 Right to Audit pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)and(b)above. (d) With each partial payment estimate or payroll period,whichever is less,an affidavit stating that the contractor has complied with the requirements of Chapter 2258,Texas Government Code. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 5. AMBIGUITY: In the case of ambiguity or lack of clearness in stating prices in the Proposal,the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the Proposal. 6. BIDDER LICENSE: Bidder must be a licensed Contractor in the State of Texas. 7. NONRESIDENT BIDDERS: Pursuant to Article 601g,Texas Revised Civil Statutes,the City of Fort Worth will not award this contract to a nonresident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business in located. "Nonresident bidder" means a bidder whose principal place of business is not in this state,but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for the bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 8. PAYMENT: If the bid amount is$25,000.00 or less,the contract amount shall be paid within forty- five(45)calendar days after completion and acceptance by the City. 9. AGE: In accordance with the policy("Policy")of the Executive Branch of the Federal Government, Contractor covenants that neither it nor any of its officers,members,agents employees,program participants or subcontractors,while engaged in performing this contract,shall, in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or r LGGROUP No. 203052.00 3(2) privileges of their employment,discriminate against persons because of their age except on the bases of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers,members,agents,employees, subcontractors,program participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced laws concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN'BUSINESS ENTERPRISES: In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary.The bidder shall submit the MBE/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent y misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal,State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3) years. - 12. FINAL PAYMENT AND ACCEPTANCE: The project shall be deemed accepted by the City of Fort Worth as of the date that the final punch list has been completed,as evidenced by a written statement signed by both the contractor and the City. The warranty period shall begin as of the date that the final punch list has been completed. LGGROUP No. 203052.00 3(3) PART B MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS (WATER DEPARTMENT) P LGGROUP No. 203052.00 �O&2T WORTH City of Fort Worth Minority and Women L- �•l�-,ss Enterprise Specifications SPECIAL INSTRUCTIONS _ BIDDERS APP MMT ION OF POLICY irIf the total dollar value of the contract is$25,000 or more the M/WBE goal is applica.- F ..`he total dollar value of the contract is less than$25,000,the M/WBE goal is not applicable. IrPOLICY STATEML.'T It is the policy of the City of For:'North to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procuren. nt of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current':'inority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 18%of the base bid value of the contract. t COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,0;;;; u. iawie, ..,vr,..;. --i—d to comply with r-±nr of the City's M/WBE uAinance by ^f the following: r1. Mer.. -exceed the above stated M/WBE goal,or 2. Good Fay. effort documentation,or; 3. Waiver docum,. -*ion,or; 4. Joint Venture. SUBMi 1 1 AL OF REQUIRED D01.:"ENTATION �. The applicable documents must be received by Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the spb."ications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: o ening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: I opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid rto met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)871-6104. Rev.5/30/03 ATTACHMENT 1A P-ae 1 of 4 FORT WORTH City of Fort Worth 01 -22-04 P�4 : 08 I tJ Subcontrac.:c:s/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Jackson Construction , Ltd . MNV/DBE NON-MNV/DBE PROJECT NAME: Lancaster Avenue-Water and Sewer Improvements BID DATE L,qE 4294 January 15,2004 City 'k4IWBE Project Goal: Prime's MIWBE Project Utilization: :`ROJECT NUMBER Sewer Project No.PS58-070580175700 19% 2 % Water Project No.PW53-060530176350 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned-upon execution of a ccO lfr act.with the City-of Fort Worth. The intentional and/or knowing misrepreser atlo► :;`;�iy±g is grounds for consideration of disqualification and will result in the !nidi haina considered non-responsive to-bid specifications IWBEs listed toward meeting the project .goal must be located in the nine (9) county marketplace or curie.tly doing business in the marketplace at the time of bid.. Marketplace is the gecgraphic area of Tarrant, Parker,ju.--inon, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level-of subcontracting below the prime contractor, i.e., a direr` payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MIWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division Disadvantaged Business Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. ATTACHMENT IA r"RT WORTH Page 2 of 4 Primes are rkauici:H to identify ALL subcontractors/suppliers,regardless of status; i.e., Minority,Women and non-AWBEs. Please list M/WBE firms first, use additional sheets if necessary. Ccs-.y;;.etion N SUBCONTRACTOR/SUPPLIER T (check,,:; o ' Company Name I N T Detail Detail Address e M W C X M Sub.— ''acting Work Supplies Purchased Dollar Amount r hone/Fax E E Telephone/Fax T D W R O B C T E A J/M Materials , Inc . P . 0. Box 496 Rock $ 2300 .00 Alvord , TX 76225 X 800-856-8733 940-427-2789 J/M Materials , Inc . P . 0. Box 496 Sand $ 1030 .00 Alvord , TX 76225 X 800-856-8733 940-427-2789 i f � I I J/M Materials , Inc . P . 0. Box 496 Hauling by Alvord , TX 76225 X 5250 .00 g 800-856-8733 Dump Truck $ 940-427-2789 M. J . Pipeline P . 0. Box 851 Granbury , TX 76048 TV Inspection $ 1934 . 10 817-534-5722 817-534-5774 Hanson Pipe Prod . P . 0. Box 120001 Manholes $ 12973 . 75 Dallas , TX 75312 214-525-5898 Dallas Lite & Barr . P . 0. Box 223724 Dallas , TX 75222 Traffic $ 5520 . 75 214-748-5791 Control 214-748-3586 Rev.5/30/03 ATTACHMENT 1A FOR�ORTH Page.3 of 4 Pnrnes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, V ofifen and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one ° SUBCONTRACTORISUPPLIER Tn Company Name T Detail Detail I =m Address I M W C M Subcontracting Work Supplies Purchased' Dollar Amount pH r B B T 0 B I Telephone/Fax R O B A E E C T E A Water Products P. 0. Box 8543 Pipe & Fort Worth , TX 7612 Fittings $ 29905 .42 817-457-998 817-654-2007 Southern Star P. 0. Box 961094 Concrete Fort Worth , TX 76161 redi-mix $ 12117 . 73 972-621-0345 Reynolds Asphalt P . 0. Box 370 HMAC $ 13511 . 62 Euless , TX 76039 817-267-3131 817-267-1878 United Site Serv . P. 0 . Box 2273 Mansfield , TX 76063 Portable 817-226-0700 Toilets $ 250.00 817-226-0702 Tren Tech Company 828 Howell Drive Trench Coppell , TX 75019 Safety $ 500 .00 972-304-2171 Design 972-304-2171 Rev.s/30/03 ATTACHMENT 1A FORT WORTH Page a of a 0 Total Dollar Amount of M/WBE Subcontractors/Suppliers ; 8580.00 Total Dollar AmuL.- £` of Non-M/WBE Subcontractors/Suppliers 76713 . 37 TOTAL DOLLAR AMOUNT OF ALL `?UBCONTRACTORS/SUPPLIERS $ 85293 . 37 The Contractor will not make additions, deletions, ur substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Oiiice Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon 'request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the t,af,cmission of interviews with owners, principals, officers, emplovees and applicable subcontractors/suppliers/coi;:factors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misreprebentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less ti,;mn three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Troy L. Jackson rAuthorized srgnature Printed Signature Vice-President of JCI Partners, Inc . , General Partner rTitle Contact Name/Title(if different) !! Jackson Construction . Ltd . 817-572-3303 817-478-0443 fax rCompany Name Telephone and/or Fax 5112 Sun Valley Drive Address Email Address Fort Worth , TX 76119 January 22 , 2004 City/Statemp Date PP Rev.5/30/03 1- ATTAC:r`is?""T IC Page 1 of 3 ,.OFZT WORTH City of Fort Worth irGood Faith Eflert Form RIME COMPANY NAME: -heck applicable block to describe P Jackson Construction . Ltd . prime 'T NAME: MM/DBE g NON-M/W/DBE ROS�` Pancaste; Avenue BID DATE �atgr and Sewer Improvements January 15,2004 0154294 0 .5 M/V116E Protect Goa!: PROJECT NUMBER: Sewer Project No. PS58-070580175700 City 19% Water Project No. PW53-060530176350 O0 have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if If tir pBE participation is less than the City's project goal,you must complete this form. yo If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a q,0od faith effort", the bidder will have the burden of correctly and accurately preparing and mitting the documentation required by the City. Compliance with each item, 1 thru 6 below, �pmall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or Knowing misrepresentation the facts or intentional discrimination by the bidder. �,ILjre to complete this form, in its entirety with supporting documentation, and received by the F �ging Department on or before 5:00 p.m.five(5) City business days after bid openiiiq, exclusive of bid 04"erring a,ate,will result in the bid being considered non-responsive to bid specifications. o P -� lease list each and every suriccntracting and/or supplier opportunity)for the completion of this project, e0ardless of whether it is to be provided by a M/WBE or non-M/WBE. (`DO NOT LIST NAMES OF FIRMS) o Combined Projects, list each subcontracting and or supplier opportunity through the 2n°tier. On (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities TV Inspection Pipe & Fittings Interior Manhole Coating Sand Traffic Control Rock - Trench Safety Hauling by Dump Truck Concrete HMAC Portable Toilets Manholes Rev.05/30/03 4 Ai-TACHMENT 1C rPage? of 3 2.) Obtain a current (not mur than three (3) months old from the-bid open date) list of M/WBE subcontractors and/or suppliers am the City's M/WBE Office. X Yes Date of Listing 12/ 18 / 03 No 3.) Did you solicit bids from M/WBE firms,within the subcontracting anti/ar supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? VP X Yes (If yes,attach MIWBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M1WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? X Yes (If yes,attach list to include name of MIWBE firm, ep rson contacted,phone number and date and time of contact.) No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and Idocumentation faxed. NCTF_ If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder niust contact the entire list to be in compliance with questions 3 and 4. If the list of k-JIMBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least `_wo- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with" questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? X Yes No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection 817-447 Barcus Pipeline 3720 Ivy Barcus TV Inspect . Higher than others Agave J3 3946 Julio Medina TV Inspect . Higher than others 4 ATTACHMENT 1C Page 3of3 ADDIrIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to ohtain M/WBE participation on thts nroject. I The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment I thereof and any proposed changes to the original arrangements submitted with this bid. I The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this I contract, by an authorized officer or employee of the City. w 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, Star or Local laws concerning false statements. Any failure to comply with this ordinance and reates a material breach of -ontract may result in a determination of an irresponsible otiL:ror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment IC will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Z� 1411 Troy L. Jackson ::� 2ts Z �Iljlu Authorized'Signature/ Printed Signature r Vice-President of JCI Partners , Inc . , General Partner Title Contact Name and Title(if different) Jackson Construction , Ltd . 817-572-3303 817-478-0443 Company Name Phone Number Fax Number 5112 Sun Valley Drive Address Email Address Fort Worth, TX 76119 January 22 , 2004 City/State/Zip Date Rev.05/30/03 PART B BID PROPOSAL LGGROUP No. 203052.00 BID PROPOSAL LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words SECTION "A" WATER LINE REPLACEMENTS 1 20 LF 6" D.I. Water Main 1 Q f� Dollars and CJ1A j'Z Cents . per Linear Foot $ g5' $ PCO"-4 2 97 LF 8" D.I. Water Main Dollars and Kjcfj Cents 0 per Linear Foot $ 1,3— $ q©D 3 380 LF X1,2,"D.I.Water Main ll A l uncu a 0Ck rs and t"-o tcts per Linear Foot $ $ ft]LIC0, 4 2 EA "Gate Valve and Box s nd KCe s per Each $'55Q'-- $�`' y 5 3 EA 8"Gate Valve and Box" kr and It.© ents per Each 6 1 EA 12"Gate Valve and Bo 1i EG D CY . J 1 Dollars and U U Cents per Each $ I $ � 9= 7 1 TN Cast/Ductile Iron Fittings for 12"Water "ineandSmaller o rs 22 ,. and Q K.0Cents $ ���p� $ per Ton 8 1 EA 2"Water S rvice Lateral Taps JUAj2QtA.Q C )Dollars and KO Cents per Each LGGROUP No. 203052.00 5 1 2. i R '� u q� BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words j 9 1 EA 6"Water Serv'ce Lateral Taps -'( 11 lel A otqq��ollars and PLO Cents per Each $ $-' 10 55 LF 2" qopper Water Service A- , -j-Dollars and 0 " Cents ' per Linear Foot $ $ 815 w 11 60 LF 6"Co per Water Service 16 JYJ Dollars and Cents 00 per Linear Foot $ {y $ L-U 12 1 EA Class "B" Meter Box lars and 14 nts v® per Each $� = $ 13 1 EA Fire H drant M h1113"6Aollars and Cents o4 per Each $ l $ `-' 14 3 VF Fire H drant Barrel Extensipn and k-/Cents $g $ per Vertical Foot 15 1 EA Remove and Salvage Existing Fire H drant J_ ,//�p � hup cW (ALJ Dollars and_�(7 Cents r per Each $ o� $ 'l�yc14' 16 1 EA Removq and Rep ace E istin M ter Boxit OBJ Ilars and Oents per Each $ �� $ --'� 17 1 EA Remove and Salvage Existing 6-inch Gate Valve (LU, h Lmd,�p LILwllars '* and ents per Each s bQ 0 s 15fY- LGGROUP No. 203052.00 5(2) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 18 2 EA Remove and Salvage Existing 8-inch Gate V Ive "WO nb Dollars and Cents per Each $ ��oe $ �� 19 2 EA Cul and Plug 6-inch Waterline h J .� lL ,4,k A0lars and Cents per Each � $ � $ 20 6 EA Cut and Plug inch Waterline JJ Ad/"4➢ollars y. and. [ Cents per Each $ $ f 21 520 LF Permanent Asphalt Pavement Repair per Figur 4 , Dollars and Cents �. per Linear Foot $ � $ ' 71(�� ` ' 22 10 CY Crushed Limestone for Miscellaneous Placepat Rnt Dollars and 40 Cents per Cubic Yard $� $-J-0- ✓ 23 1 LS 4"Temporary Service Line Including f'ttinlsf-ft-, 1 n �T 1'') Cents $ e y per Lump Sum �� $ 24 10 LF Curb and Gu ter Replacement Dollars and Cents per Linear Foot $ $ �vJ 25 20 SY Concrete Sidewalk and Driveway Replacement Dollars Cents per Square Yard $A= $ LGGROUP No. 203052.00 5(3) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 26 1,036 LF Abandon Existing 8-inch Waterline and Backfill with Plowable Fill 4wo Dollars and ✓10 Cents _ per Linear Foot 27 100 LF emove and Replace Chain Link Fence Dollars and Cents o, o per Linear Foot $ � $ 28 520 LF Trench Safety(Depths >5') Dollars and Cents per Linear Foot ao •' 29 1 LS Tr ffic Control Implementation qjtw Aa.nLJDO Ilars and Cents per Lump Sum $ $ 30 1 LS Storm Water Pollution Prevention Plan (SWPPP) implementation L/&nj A & Dollars and ado Cents �o J per Lump Sum $� $ JeL TOTAL AMOUNT OF BID -SECTION "A" (WATER LINE REPLACEMENTS) �. (TRANSFER TOTAL TO SUMMARY PAGE) $ LGGROUP No. 203052.00 5(4) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO.4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words SECTION "B" SANITARY SEWER REPLACEMENTS 1 796 LF `8" PVC Panitary Sewer Pi (All Depths) � t4A 0J) Dollars and I'W Cents per Linear Foot os 79 0 2 95 LF 8" CL 51 D.I. Sanitary Sewer Pipe (AI 1�&h ��-o d &G11F and W Cents per Linear Foot a 3 296 LF 16" DI Sanitary Sewer Pipe (All Depths) Dollars and Cents per Linear Foot $ � $ � 14 830 LF ' 6" Sanita Sewer Service Line Dollars and Cents per Linear Foot $ GA I $ 5 3 EA T o Way Service Cleanout &ollars D J and Cents per Each $ $ 6 1 EA Dqpole Cleanuq t N� n IYn�� u �J ollars and ,�,P Cents o. c�,q,�•�a� per Each $ 7 1 EA Construct Notch at Exist. 36"X30"Arch Storm Dra'n rs and is per Each $ / fej $ LGGROUP No. 203052.00 5(5) Contractor must complete City approved product form on Page 5 (10) w BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 8 5 EA Standard 4',Piametef Manhole WW Dh rs and to 0 Cents per Each $ 9 1 EA Standard 4' Diameter Shallow Cone Manhole Q Dollars and nen Cents per Each $ $ r 10 2 EA Standard ' Di meter D oMMan ole I ADD ed _e�V Cents per Each 11 1 EA Sta dard 5' Diameter Drop Manhole o ars anV Cents o per Each $ $— 12 31 VF Additional Depth Over 6' (Std.4' Dia. anhol ) iai—JA Ad ,. ars and LTnts per Vertical Foot a 13 15 VF Additional Depth Over 6' (Std.4' Dia. Drop anhole rs " and � nts per Vertical Foot $ $ 14 18 VF Additional Depth Over 6'(Std. 5' Dia. Drop !IlaDollars and W Cents q per Vertical Foot 15 9 EA Vacuum Testing of SSManh yQ�]�tl J �ve )Dollars and ✓I/0 Cents _ per Each $ �00 � $ 7 LGGROUP No.203052.00 5(6) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 16 8 EA Water ight Gasketed Manhole Insert Dollars and ff� Cents per Each $=5L— $ 17 1 EA Watertight Stainless Steel ocking Manhole Insert Dollars and Cents per Each $ 17 5 18 9 EA Concrete Collar for Sanitary Sewer Kirlhole tWn"ollars and 11.Y1 Cents 30Q�- '�]/�per Each $ $ O� `w 19 1 EA Re ove Exist' g Manho 1 ollars and/ PCents per Each $ $ 20 70 VFaMM e Pr tective Coa ins s and 0 s per Vertical Foot $S25 $ 21 2 EA qt and , Pfnlug Existing Sanitary ewer Pipe Ask Dollars and jjAr) Cents per Each 22 40 LF Concr to Enca ement Dollars and 0 111 . _ Cents o- J per Linear Foot $ ✓ $ 23 895 LF Pre-Construction Television Inspection of SS Pipe Dollars and entsas per Linear Foot $ , $ _ LGGROUP No. 203052.00 5(7) 4 BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 24 1,187 LF Post Construction Television Inspection of SS Re e-.) Dollars and 120 Cents o` o, per Linear Foot $�= $ ' 25 604 LF Permanent Asphalt Pavement Repair per Fi ure 4 Dollars and Q , Cents per Linear Foot � 26 42 LF Permanent Brick Pavement Repair per Figur 3 Dollars and V A0 Cents � per Linear Foot $_LL- $ 7x 27 10 CY Crushed Limestone for Miscellaneous Placement l lT e Dollars and no Cents � per Cubic Yard $ $ D 28 j 20 LF C rb and G tter Replacement Dollars #- and U Cents per Linear Foot 29 12 SY Concrete Sidewalk and Driveway Repl erne t /� /� Dollars and /10 Cents �* ,�(p,// � per Square Yard $ ,.- $ 30 895 LF Abandon Existing 6-inch Sanitary Sewer ., Line and Backfill with Flowable Fill ,( y O.2 Dollars and Cents per Linear F t U U $ $ 134o LGGROUP No. 203052.00 5(8) BID PROPOSAL LANCASTER AVENUE SEWER AND WATER IMPROVEMENTS (UNIT II) DOE NO. 4294 Pay Quantity Unit Description of Item with Bid Prices Unit Price Amount Bid Item Written in Words 31 1 EA Pre-Construction Ex !oratory Excavation (D-Hole) Dollars a Ud 'Pto Cents per Each $e� �— $ G ' ✓ 32 750 LF TreDch Safety(Depths . 5') Dollars and /r?. Cents per Linear Foot $ $ 33 1 LS T affic Control implementation ollars and n 0 Cents o per Lump Sum $�✓ $ 34 1 LS Storm Water Pollution Prevention Plan P P=plementation Dollars and /1I0 Cents $ per Lump Sum TOTAL AMOUNT OF BID - SECTION "B" (SANITARY SEWER REPLACEMENTS) $ �J 75 i (TRANSFER TOTAL TO SUMMARY PAGE) LGGROUP No. 203052.00 5(9) BID PROPOSAL(CONTD.) CITY APPROVED PRODUCT AND APPROVED METHOD FOR * CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED: STANDARD SPEC.NO. SIZE 1-31 4" thru 30" E1-25 4»thru 15" E1-27 4"thru 15" E1-28 18" thru 27" E100-2 18"thru 48" Consult the"City of fort Worth,Texas,Texas Standard Product List"to obtain the Generic/Trade Name and the Manufacturer for the pip es listed above. Failure to provide the information required above may result in rejection of bid as non-responsive. Only products listed above will be allowed for use in this project.An su.st,futio_n ait result in rejection of bid as non-responsive. r� LGGROUP No. 203052.00 5(10) BID PROPOSAL (CONTD.) Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract documents, for the faithful performance of the Contract. The attached bid security in the amount of _ is to become the property of the City of For Worth, Texas, in the event the contact and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, including latest revisions, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that it employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within ten (10) calendar days after issue of the work order, and to complete the contract within forty-five (45) calendar days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable) ❑ A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business are not required to underbid resident bidders. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. LGGROUP No. 203052.00 5(11) BID PROPOSAL (CONTD.) Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 Respectfully submitted, Goa By: nVVI Address 91-1• 30 3 Telephone (SEAL) If Bidder is Corporation Date: LGGROUP No. 203052.00 5(12) BID PROPOSAL(CONTD.) LANCASTER AVENUE WATER AND SEWER IMPROVEMENTS (UNIT II) DOE NO. 4294 SUMMARY OF BIDS e. TOTAL AMOUNT OF BID- SECTION "A" (WATER LINE REPLACEMENTS) $ 10111 L TOTAL AMOUNT OF BID - SECTION "B" (SANITARY SEWER REPLACEMENTS) $ ) 4 �62q 1., // GRAND TOTAL AMOUNT OF BID- SECTION "A" PLUS SECTION "B" $ b `755 (WATER AND SANITARY SEWER REPLACEMENTS) LGGROUP No. 203052.00 SUMMARY PAGE Ile PART C GENERAL CONDITIONS LGGROUP No. 203052.00 PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3 ) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 (3 ) C1-1.13 City Council C1-1 (3 ) C1-1.14 Mayor C1-1 (3 ) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4) C1-1.18 Director, City Water Department C1-1 (4) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4 ) C1-1.22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1.25 Legal Holiday C1-1 (4) C1-1.26 Abbreviations C1-1 (5) C1-1.27 Change Order C1-1 (6 ) C1-1.28 Paved Streets and Alleys C1-1 (6) C1-1.29 Unpaved Streets and Alleys C1-1 (6) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 (6) C1-1.32 Gravel Street C1-1 (6) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2.2 Interpretation of Quantities C2-2 (1) C2-2.3 Examination of Contract Documents and Site C2-2 (2) C2-2.4 Submitting of Proposal C2-2 (3 ) C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2.6 Bid Security C2-2 (3) (1) C2-2.7 Delivery of Proposal C2-2 (4 ) C2-2. 8 Withdrawing Proposals C2-2 (4 ) r C2-2. 9 Telegraphic Modification of Proposals C2-2 (4 ) C2-2. 10 Public Opening of Proposal C2-2 (4 ) C2-2.11 Irregular Proposals C2-2 (4 ) C2-2.12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3.1 Consideration of Proposals C3-3 (1) C3-3 . 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3. 3 Equal Employment Provisions C3-3 (1) C3-3 . 4 Withdrawal of Proposals C3-3 (2) C3-3.5 -Award of Contract C3-3 (2) C3-3. 6 Return of Proposal Securities C3-3 (2) C3-3.7 Bonds C3-3 (2) C3-3. 8 Execution of Contract C3-3 (4 ) C3-3. 9 Failure to Execute Contract C3-3 (4 ) C3-3.10 Beginning Work C3-3 (4 ) C3-3.11 Insurance C3-3 (4 ) C3-3.12 Contractor 's Obligations C3-3 (7) C3-3.13 Weekly Payroll C3-3 (7) C3-3.14 Contractor 's Contract Administration C3-3 (7) C3-3.15 Venue C3-3 (8) C4-4 SCOPE OF WORK C4-4.1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisions C4-4 (1) C4-4. 3 Increased or Decreased Quantities C4-4 (1) C4-4. 4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4. 6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) CS-5 CONTROL OF WORK AND MATERIALS CS-5.1 Authority of Engineer C5-5 (1) CS-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 CS-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) r,8-8 .7 Final Acceptance C8-8 (3) C8-8.8 Final Payment. C8-8 (31 C8-8 . 9 Adquacy of Design C8-8 (4 ) C8-8.10 General Guaranty C8-8 (4 ) C8-8.11 Subsidiary Work C8-8 (5) C8-8.12 Miscellaneous Placement of Material C8-8 (5 ) C8-8.13 Record Documents C8-8 (5 ) (4 ) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1 . 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS : The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White y 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 erither actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER: Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1 -1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by. the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1. 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship, equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements , statutes, etc . , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3.7 ) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond ( see paragraph C3-3.7 ) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6) C1-1 . 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1 . 11 PLANS : The plans are the drawings or reproductions therefrom made by the Owner ' s representative showing in detail the location , dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY: The City of Fort Worth, Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager . The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL: The duly elected and qualified governing body of the City of Fort Worth, Texas. • C1-1 . 14 MAYOR: The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1.15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth, Texas , or his duly authorized representative. 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 t sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor, materials, tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY: A working day is defined as a calendar ay, not including Saturdays, Sundays , and legal holidays, in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven (7 ) hours between 7: 00 a.m. and 6 : 00 p.m. , with exceptions as permitted in paragraph C7-7.6. C1-1. 24 CALENDAR DAYS : A calendar day is any day of the week or month, no days being excepted. - C1-1. 25 LEGAL HOLIDAYS: Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows: C1-1 (4) 1. New Year ' s Day January 1 2. M. L. King, Jr. Birthday Third Monday in January 3. Memorial Day Last Monday in May 4 . Independence Day July 4 5. Labor Day First Monday in September 6 . Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8 . Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council , falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents, the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. -' Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I . - Ductile Iron C1-1 (5 ) C1-1 . 27 CHANGE ORDER : A " Change Order " is a written supplemental agreement between the Owner and the Contractor covering some added or deducted item or feature which mayebe found necessary and -which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3. Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1. 29 UNPAVED STREETS OR ALLEYS: An unpaved street, alley, roadway or other 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 ( 2 ' ) feet back of the curb lines or four (41 ) feet back of the average edge of pavement where no curb exists. C1-1. 32 GRAVEL STREET: A gravel street is any unpaved street to which as bee—n--034a one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. Cl-1A6 ) - SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal . form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed-, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract . The .Owner will furnish forms for the Bidder ' s " Experience Record, " "Equipment Schedule , " and "Financial Statement, " all of which must be properly executed and filed with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1 ) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be -. required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal 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 vis4t 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 sol.ely upon their own estimates , y investigation , research, tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct. Neither the C2-2(2) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes 'to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given , and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2 . 5 REJECTION OF PROPOSALS : Proposals may be rejected if they show any alteration of words or figures , additions not called for , conditional or uncalled for alternate bids, incomplete bids, erasures, or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 6 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders" and the "Proposal. " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. Eu. Z2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered .finless it is delivered , accompanied by its proper Bid Security , to the City Manager or his representative in the )fficial place of business as set forth in the "Notice to 3idders . " It is the Bidder ' s sole responsibility to deliver. :he proposal at the proper time to the proper place. The mere .act that a proposal was dispatched will not be considered. - Che Bidder must have the proposal actually delivered. Each )roposal. shall be in a sealed envelope plainly marked with the rord "PROPOSAL, " and the name or description of the project as lesignated in the "Notice to Bidders. " The envelope shall be .ddressed to the City Manager, City Hall, Fort Worth, Texas. ,2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with he City Manager cannot be withdrawn prior to the time set for pening proposals . A request for non-consideration of a roposal must be made in writing , addressed to the City anager , and filed with him prior to the time set for the pening of proposals. After all proposals not requested for on-consideration are opened and publicly read aloud, the roposals for which non-consideration requests have been roperly filed may, at the option of the Owner, be returned nopened. 2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may )dify his proposal by telegraphic communication at any time c rior to the time set for opening proposals, provided such �legraphic communication is received by the City Manager rior to the said proposal opening time, and provided further, fiat the City Manager is satisfied that a written and duly ithenticated confirmation of such telegraphic communication ier the signature of the bidder was mailed prior to the :oposal opening time. If such confirmation is not received :thin forty-eight (48-) hours after the proposal opening time, further consideration will be given to the proposal. >.-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been ,operly filed and for which no "Non-consideration Request" is been received will be publicly opened and read aloud by te City Manager or his authorized representative at the time id place indicated in the "Notice to Bidders. " All proposals rich have been opened and read will remain on' file with the ►ner until the contract has been awarded. Bidders or their thorized representatives are invited to be present for the ening of bids. -2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as ing "Irregular" if they show any omissions , alterations of rm, additions , or conditions not called for, unauthorized ternate bids, or irregularities of any kind. However , the C2-2( 4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of -the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among ,. bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C . The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f . Lack of competency as revealed by the financial statement, experience record, equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2. A current experience record showing especially the projects of a nature similar to the one - under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer, is disqualified under the requirements stated herein, shall be set aside and not opened. r, • a;r, ii "�� PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. The total obtained by taking the sum of the products of unit prices quoted and the estimated quantities plus any lump sum items and such other quoted amounts as may enter into the cost of the completed project will be considered as the amount of the bid. Until the award of the contract is made by the Owner, the right will be reserved to reject any or all proposals and waive technicalities, to re-advertise for new proposals, or to proceed with the work in any manner as maybe considered for the best interest of the Owner. C3-3 . 2 MINORITY BUSINESS ENTERPRISE/WOMEN-OWNED BUSINESS ENTERPRISE COMPLIANCE: Contractor agrees to provide to Owner, upon request , complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) and or a a Woman-owned Business Enterprise (WBE) on the contract and the payment therefor. Contractor further agrees, upon request by Owner , to allow and audit and/or an examination of any books, records, or files in the possession of Contractor that will substantiate the actual work performed by the MBE or WBE. Any material misrepresentation of any nature will be grounds for termination of the contract and for initiating any action under appropriate federal , state or local laws and ordinances relating to false statements; further , any such misrepresentation may be grounds for disqualification of Contractor at Owner ' s discretion for bidding on future Contracts with the Owner for a period of time of not less than six (6) months. C3-3 . 3 EQUAL EMPLOYMENT PROVISIONS: The Contractor shall comply with Current City Ordinance prohibiting discrimination in employment practices. C3-3 (1) The Contractor shall post the required notice to that effect on the project site , and, at his request , will be provided assistance by the City of Fort Worth ' s Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. C3-3 . 4 WITHDRAWAL OF PROPOSALS : After a proposal has been read by the Owner it cannot be withdrawn by the Bidder within forty-five ( 45 ) days after the date on which the proposals were opened. C3-3 . 5 AWARD OF CONTRACT: The Owner reserves the right to withholdfinal action on the proposals for a reasonable time, not to exceed forty-five ( 45 ) days after the date of opening proposals, and in no event will an award be made until after investigations have been made as to the responsibility of the proposed awardee. The award of the contract, if an award is made, will be to the lowest and best responsible bidder. The award of the contract shall not become effective until the Owner has notified the Contractor in writing of such award. C3-3 . 6 RETURN OF PROPOSAL SECURITIES: As soon as proposed price totals have been determined for comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment, would not be considered for the award . All other proposal securities, usually those of the three lowest bidders, will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 .7 BONDS : With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not 'less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor, or improper execution of the work or the use of inferior materials . This performance C3-3 (2) bond shall guarantee the payment for all labor , materials , equipment, supplies , and services used in the construction of the work , and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160, Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th' Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS : Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current D. S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a 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 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 inclue-e the coverage of all sub-contractors. a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute , the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor ' s Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500 , 000 covering each occurrence on account of property damage with $2, 000 ,000 umbrella policy coverage. C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . ` 4. Damage to underground utilities for $500,000. C3-3 (5 ) 5. Builder ' s risk (where above-ground structures are involved) . 6. Contractual Liability ( cover.s all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 000 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less _. than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100,000 . e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the. above paragraphs shall provide adequate protection for the Contractor and his sub-contractors , respectively, against damage claims which may arise from operations under this contract, , whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special , hazards which may be encountered in the performance of the Contract. - f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . (Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bonding companies with whom the Contractor ' s insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) �. City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, any claims that the City of Fort Worth or other- claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR' S OBLIGATIONS : Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL.: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner's representative within seven ( 7 ) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous. place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , .firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area. The Contractor shall charge, delegate, or assign this office (or he may delegate his Project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work, or any other a� C3-3 (7) matter associated such as maintaining adequate and appropriate insurance or security coverage for the project . Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed- direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor's local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned. No credit of t working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8 ) - PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery, equipment, special services , and incidentals necessary to the prosecution and completion of the project. f C4-4 . 2 SPECIAL PROVISIONS: Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receivi:.3 bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated 'in the proposal ; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such chap est e ; co Ide ed as C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to the- overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alterations o the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however, that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C, The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time so used at Associated General Contractors of America current equipment rental rates ; ( 3 ) materials entering permanently into the project, and (4 ) actual cost of insurance , bonds , and social security as determined by the Owner, plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The fixed fee is not to include any additional profit to the Contractor for rental of equipment owned by him and used for the extra work. The fee shall be full and complete compensation . to cover the cost of superintendence, overhead, other profit, general and all other expense not included in (1) , (2) , ( 3 ) , and ( 4) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2 ) suggested by the Owner and shall give the Owner • access to all accounts , bills , vouchers , and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing . by the Owner . In case any orders or instructions , either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation, he shall make written request to the Engineer for written orders authorizing such Extra Work , prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within five ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work.- The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for ' extra work' whether or not iniitiated by a ' change order ' shall be a full , complete and final payment for all costs Contractor incurs as a result or relating to the change or extra work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without. limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result or the change or extra work. C4-4 . 5 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof, a "Schedule of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There a C4-4 (3 ) shall be presented also a composite graph showing the anticipated progress of construction with the time being plotted horizontally and the percentage of completion plotted = vertically. The progress charts shall be prepared on S-1/2" x 11" sheets and at least five black or blue line prints shall be furnished to the Owner. C4 -4 . 7 PROGRESS SCHEDULES FOR WATER AND SEWER PLANT FACILITIES: Within ten ( 10 ) days° prior to submission of first monthly progress payment , the Contractor shall prepare and submit to the Owner for approval six copies of the schedule in which the Contractor proposes to carry on the work, the date of which he will start the several major activities ( including procurement of materials, plans, and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a time schedule Critical Path Method (CPM) network diagram. As the work progresses, the Contractor shall enter on the diagram the actual progress at the end of each partial payment period or at such intervals as directed by the Engineer. The Contractor shall also revise the schedule to reflect any adjustments in contract time approved by the Engineer. Three copies of the updated schedule shall be delivered at such intervals as directed by the Owner. As a minimum, the construction schedule shall incorporate all work elements and activities indicated in the proposal and in the technical specifications. Prior to the final drafting of the detailed construction schedule, the Contractor shall review the draft schedule with the Engineer to ensure the Contractor's understanding of the contract requirements. The following guidelines shall be adhered to in preparing the construction schedule: a. Milestone dates and final project completion dates shall be developed to conform to time constraints , ' sequencing requirements and completion time. b. The construction process shall be divided into activities with time durations of approximately fourteen (14 ) days and construction values not to exceed $50 , 000 . Fabrication , delivery and submittal activities are exceptions to this guideline. C4-4 (4 ) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of time between the earliest start date and the latest start date of a chain of activities of the CPM construction schedule. Float time is not for the exclusive use or benefit of either the Contractor or the Owner. f. Thirty days shall be used for submittal review unless otherwise specified. The construction schedule shall as a minimum be divided into general categories as indicated in the Proposal and Technical Specifications and each general category shall be broken down into activities in enough detail to achieve activities of approximately fourteen (14) days duration. For each general category, the construction schedule shall identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. 1. Preparation and transmittal of submittals. 2. Submittal review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5. Transmittal of manufacturer ' s operation and maintenance instructions. 6. Installed equipment and materials testing. y 7.. Owner's operator instruction (if applicable) . 8. Final inspection. .J� C4-4 (5 ) 9 . Operational testing. 10. Final inspection. If , in the opinion of the Owner , work accomplished falls behind that scheduled , the Contractor shall take such action as necessary to improve his progress. In addition, the Owner may require the Contractor to submit a revised schedule demonstrating his program and proposed plan to make up lag in scheduled progress and to insure completion of the work within the contract time. If the Owner finds the proposed plan not acceptable , he may require the Contractor to increase the work force, the construction plant and equipment , the number of work shifts or the overtime operations without additional cost to the Owner. Failure of the Contractor to comply with these requirements shall be considered grounds for determination by the Owner that the Contractor is failing to prosecute the work with such diligence as will insure its completion within the time specified. C4-4 (6) PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5. 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents. He shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed, rate of progress of the work, overall sequence of the construction ,' interpretation of the Contract Documents , acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents , supervision of the work, resumption of operations, and all other questions or disputes which may arise . Engineer will not be responsible for Contractor ' s means , methods , techniques , sequences or procedures of construction , or the safety precaution and programs incident thereto , and he will not be responsible for Contractor ' s failure to perform the work in accordance with the contract documents. He shall determine the amount and quality of the work completed and materials furnished , and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract. The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters , the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. C5-5 . 2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines , grades , cross-sections , finish , and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents. Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. - C5-5 (1) C5-5 . 3 COORDINATION OF. CONTRACT DOCUMENTS: The Contract Documents are made up of several sections , which , taken together , are intended to describe and provide for a complete and useful project, and any requirements appearing in one of the sections is as binding as though it occurred in all sections. In case of discrepancies , figured dimension shall govern over scaled dimensions , plans shall govern over specifications, special conditions shall govern over general conditions and standard specifications, and quantities shown on the plans shall govern over those shown in the proposal . The Contractor shall not take advantage of any apparent error or omission in the Contract Documents , and the Owner shall be permitted to make such corrections or interpretations as may be deemed necessary for the fulfillment of the intent of the Contract Documents . In the event the Contractor discovers an apparent error or discrepancy, he shall immediately call this condition to the attention of the Engineer. In the event of a conflict in the drawings, specifications, or other portions of the Contract Documents which were not reported prior to the award of Contract, the Contractor shall be deemed to have quoted the most expensive resolution of the conflict. C5-5 . 4 COOPERATION OF CONTRACTOR: The Contractor will be furnished with three sets of the Contract Documents and shall have available on the site of the project at all times one set of such Contract Documents. The Contract shall give to the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer , his inspector , and other Contractors in every possible way. The Contractor shall at all times have competent personnel available to the project site for proper performance of the work. The Contractor shall provide and maintain at all times at the site of the project a competent , English-speaking superintendent and an assistant who are fully authorized to act as the Contractor ' s agent on the work . Such superintendent and his assistant shall be capable of reading and understanding the Contract Documents and shall receive and fulfill instructions from the Owner, the Engineer, or his authorized representatives . Pursuant to this responsibility of the Contractor, the Contractor shall designate in writing to the project superintendent, to act as the Contractor ' s - agent on the work. Such assistant project superintendent shall be a resident of Tarrant County, Texas and shall be subject to call, as is the project Superintendent, at any time of the day or night on any day of the week on which the Engineer determines that circumstances require the presence on the project site of a representative of the Contractor to C5-5 (2) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When , in the - opinion of the Owner or Engineer , a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor on the project. CS-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation, an adequate field office for use of the Engineer , if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed , well heated , air conditioned, lighted, and weather-proof , so that documents will not be damaged by the - elements. C5-5 . 7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines , grades , and measurements necessary to the proper prosecution and control of the work contracted for under these Contract Documents , and lines , grades and measurements will be established by means of stakes or other customary method of marking as may be found consistent with good practice. r� ap C5-5 (3 )