Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 30741
IV . 4 1 CR r Tr THIS COPY FOR; CONTRACTOR SPECIFICATIONS 4 CONTRACTOR'S BONDING CO. AND CITY SECRETARY CONTRACT DOCUMENTS FOR CITY MANAGER'S OFFlCE ENGINEERING W. ------.—TOW-FILE COPY DRAINAGE & WATER LINE IMPROVEMENTS--- to Tony's Creek Drainage System at --__ N.E. 29th Street r CITY SECRETARY CONTRACT NO. r CITY OF FORT WORTH TEXAS T&PW C1 15-020115026064 WATER NO. PW53 060530176650 FILE NO. S-1340 DOE NO 4323 2004 GARY.JACKSON Mike Moncrief City Manager Mayor Co ^;,�P�E OF•T EXgS it KONSTANTINE BAKINTAS -a 67022 Q '1l FaisTF-O'D Z Robert D. Goode, P.E. s �... Ir Director of Transportation and Public Works Department bib-Os BHB Engineering & Surveying OFFICIAL RUID 6300 Ridglea Place, (817)338-1277,Fax(817 338-92457616 BHB No 02.104.001 ORIGINAL City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/27/2004 - Ordinance No. 16050 DATE: Tuesday, July 27, 2004 LOG NAME: 2029TH BRIDGE REFERENCE NO.: *"C-20163 SUBJECT: Appropriation Ordinance and Award of Contract to Humphrey & Morton Construction Company, Inc. for Drainage and Water Line Improvements to Tony's Creek Drainage System at N.E. 29th Street RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of $97,028.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of$97,028.50, from available funds; and 3. Authorize the City Manager to execute a contract with Humphrey & Morton Construction Company, Inc. in the amount of $532,592.50 for 100 calendar days for Drainage and Water Line Improvements to Tony's Creek Drainage System at N.E. 29th Street. DISCUSSION: The 29th Street culvert bridge at Tony's Creek is severely undersized and erosion of the creek bank is undermining the street. The 1998 Capital Improvement Program (CIP) includes funds for bridge improvements on 29th Street at Tony's Creek. The Water Department has determined that the existing water line along 29th Street needs to be relocated as part of this project. This contract provides for replacement of the existing, undersized culvert bridge to be funded by the 1998 Capital Improvement Program and for relocation and replacement of the water line to be funded by the Water Department. This project was advertised for bid in the Commercial Recorder and the Fort Worth StarTelegram on April 15 and 22, 2004. On May 20, 2004, the following bids were received: BIDDERS AMOUNT Humphrey & Morton Construction Company, Inc. $532,592.50 Orval Hall Excavating Company $549,095.00 JS Constructors, Inc. $558,750.00 Earth Builders, Inc. $671,680.00 R-CON, Inc. $706,851.00 Laughley Bridge&Construction, Inc. $731,219.00 Jackson Construction, Ltd. $959,950.00 Humphrey & Morton Construction, Inc., is in compliance with the City's M/WBE Ordinance by committing to 17% M/WBE participation. The City's goal on this project is 16%. In addition to construction cost, $6,100.00 is required for inspection cost and $2,700.00 is required for possible change orders. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval and completion of recommendation no. 1, and the adoption of the attached appropriation ordinance, funds will be available in the current capital budgets, as �- appropriated, of the Water Capital Projects Fund and Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) $97,028.50 1)PE45 538070 0609020 $97.028.50 PW53 472045 060530176650 PW53 541200 060530176650 21 $90,928.50 PW53 541200 060530176650 $88,228.50 6100.00 C115 541200 020115026064 $444.364.00 PW53 531350 030530176650 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Robert Goode (7804) Ordinance No. /60 50 AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE WATER CAPITAL PROJECT FUND IN THE AMOUNT OF $97,028.50 FROM AVAILABLE FUNDS FOR THE PURPOSE OF FUNDING A CONTRACT WITH HUMPHREY $ MORTON CONSTRUCTION COMPANY, INC. FOR DRAINAGE AND WATER MAIN IMPROVEMENTS TO TONY'S CREEK DRAINAGE SYSTEM AT N.E. 29TH STREET; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2003-2004 and in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Water Capital Project Fund in the amount of $97,028.50 from available funds for the purpose of funding a contract with Humphrey & Morton Construction Company, Inc. for Drainage and Water Main Improvements to Tony's Creek Drainage System at 29th Street. SECTION 2. That should any portion,section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 15636 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: a� TABLE OF CONTENTS GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DRAINAGE IMPROVEMENTS TO TONY'S CREEK DRAINAGE SYSTEM AT N.E.2e STREET PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS(T&PW DEPT.)-BLUE- SPECIAL INSTRUCTIONS TO BIDDERS(WATER DEPT.) PART B UNIT I-DRAINAGE IMPROVEMENTS TO TONY'S CREEK AT N.E.29'STREET PROPOSAL UNIT II-WATER IMPROVEMENTS AT N.E.29T"STREET PROPOSAL BID SUMMARY MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS-PINK- PART C GENERAL CONDITIONS-YELLOW- SECTION C-1;SUPPLEMENTARY CONDITIONS TO SECTION C-WHITE- PART D SPECIAL PROVISIONS(T&PW DEPT.)WHITE- SPECIAL CONDITIONS(WATER DEPT.)-GREEN- PART DA ADDITIONAL SPECIAL CONDITIONS(WATER DEPT.)-GREEN- PART E SPECIFICATIONS;REFER TO STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH(T&PW DEPT.) SPECIFICATIONS;REFER TO GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR WATER DEPT.PROJECTS PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND t TABLE OF CONTENTS CONTINUED GENERAL CONTRACT DOCUMENTS AND SPECIFICATIONS FOR DRAINAGE IMPROVEMENTS TO TONY'S CREEK DRAINAGE SYSTEM AT N.E.29'STREET PART G CONTRACT(T&PW DEPT.)-WHITE- CONTRACT(WATER DEPT.)-GREEN- wp APPENDICES APPENDIX A-STANDARD CITY OF FORT WORTH DETAILS APPENDIX B-DRAINAGE EASEMENT APPENDIX C-GEOTECHNICAL REPORT PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS(T &PW Dept.)-Blue- SPECIAL INSTRUCTIONS TO BIDDERS(Water Dept..)-Green- REVISED NOTICE TO BIDDERS Sealed proposals for the following: DRAINAGE IMPROVEMENTS TO TONY'S CREEK DRAINAGE SYSTEM @ N.E. 29TI STREET 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 PM, Thursday, May 20th, 2004, and then publicly opened and read aloud at 2:00 PM in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained at the Office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. A set of documents may be purchased on a non-refundable basis for Thirty-five Dollars ($35.00) per set. A Pre-Bid Conference will be held on Tuesday, May 11th, at 9:00 a.m. in the Transportation and Public Works Department Conference Room 270, 2nd floor, Municipal Office Building. For additional information, contact Mr. Konstantine Bakintas, P.E. at (817) 338-1277 ext. 238, or Mr. Steven E. Eubanks, P.E., (817) 392-7857. The major work will consist of approximately the following: 65 LF 3 Cell — 12' Wide X 10' High Box Culvert 1300 SY 5" HMAC Pavement 665 LF 12" Water Line and Appurtenances 650 LF 8" Water Line and Appurtenances Advertising Dates: Aoril 15th, 2004 April 22"d, 2004 9 NOTICE TO BIDDERS Sealed Proposals for the following: DRAINAGE IMPROVEMENTS TO TONY'S CREEK DRAINAGE SYSTEM @ N.E. 29TH STREET Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m. Thursday. May 20th. 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 at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One (1) set of plans and documents will be provided for a deposit of Thirty Five Dollars ($35.00), such deposit being refundable if the documents are returned in good condition within ten (10) days after the bids are opened. Additional sets may be purchased on a nonrefundable basis for Thirty Five dollars ($35.00)per set. A pre-bid conference will held on Tuesday, May 11th, at 9:00am, at City of Fort Worth, City Hall, Transportation and Public Works Conference Room No 270,at 1000 Throckmorton Street. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract at any time. Bidders must submit the complete specifications book or risk rejection of bid. For additional information, please contact Mr. Konstantine Bakintas, P.E. at (817)338-1277 ext. 238, or Mr. Steve Eubanks, P.E. at(817)392-7857. The major work will consist of approximately the following: 65 L.F. 3 Cell— 12'Wide X 10' High Box Culvert 1300 SY 5" HMAC Pavement 665 LF 12"Water Line and Appurtenances 650 LF 8"Water Line and Appurtenances Advertising Dates: April 15th. 2004 April 22nd. 2004 Sr NTBA ' a •`::iV Il, so" COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: FOR: Drainage Improvements to Tony's Creek Drainage System @ N.E. 29M Street TPW No. GS67 531200020670288960 File No. S-1340, DOE No. 1485 Addressed to Mr. Gary Jackson, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m.Thursday.May 20"'.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 at the office of the Department of Engineering,Municipal Office Building,1000 Throckmorton Street, Fort Worth,Texas. One (1)set of plans and documents will be provided for a deposit of Thirty Five dollars ($35.00),such deposit being refundable if the documents are returned in good condition within ten(10)days after the bids are opened.Additional sets may be purchased on a nonrefundable basis for Thirty Five dollars ($35.00)per set. All bidders will be required to comply with Provision 5159a of"Vernon's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278,as amended to City Ordinance No.7400(Fort worth City Code Sections 13-A-21 through 12-A-29),prohibiting discrimination in employment practices. A pre-bid conference will held on Tuesday,May 11"',at 9:00am,at City of Fort Worth,City Hall,Transportation and Public Works Conference Room No 270, at 1000 Throckmorton Street. Bid security is required in accordance with Paragraph 2 of the Special Instruction to Bidders. The major work on the above-referenced project shall consist of approximately the following: - 65 LF 3 Cell—12'Wide X 10' High Box Culvert 4 EA. Concrete Wing Wall for Multiple Box Culvert 450 SY Grouted Stone(18%24")Riprap w/Gravel Bedding 1235 SY Dry Type Stone(18"-24"Dia.)Riprap w/Gravel Bedding 200 LF Metal Beam Guard Fence 1300 SY 5" HMAC Pavement 665 LF 12"Water Line and Appurtenances r650 LF 8"Water Line and Appurtenances Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. vp CNTB-1 '��L� Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the Proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at(817)871-7910. Bidders shall not separate or remove any portion,segment or sheets from the contract document at any time. Bidders shall submit complete book or risk rejection of bid. SUBMISSION OF BIDS: Only one(1)contract will be awarded for the project. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. AWARD OF CONTRACT:No bid may be withdrawn until the expiration of ninety(90)days from the date bids are opened. The award of contract,if made,will be within ninety(90)days after the opening of bids,but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. In accord with City of Fort Worth Ordinance No. 15530,the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the M/WBE UTILIZATION FORM, SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation"), and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the contracting 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. For additional information, please contact Mr. Konstantine Bakintas, P.E., Project Manager, BHB Inc. at (817)338-1277, or Mr. Steve Eubanks, P.E. at(817)392-7857. GARY W.JACKSON GLORIA PEARSON CITY MANAGER CITY SECRETARY ADVERTISING DATES: TRANSPORTATION&PUBLIC WORKS DEPARTMENT ROBERT D.GOODE,P.E. AAoril 15',2004 ril 204,2004 By: CNTB-2 SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION & PUBLIC WORKS DEPARTMENT) 1, BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City _ of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1)the name of the surety shall be included on the current U.S. Treasury, or (2)the surety must have capital and surplus equal to ten times the limit of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond as well as payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1)the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2)the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one- tenth (1/10)of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000 a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Itein paragraph 8.6, of the "General Provisions" of the Standard Specifications fc r P SI-1 H. ORTHo TES, JrF Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a-29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three (3)years following the date of acceptance of the work, maintain records that show(i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit" pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) and (b)above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. - 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury-$250,000 each person, $500,000 each occurrence; Property SI-2 Damage-$300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s)covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. 1. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insuran � , C-- required herein. �� '-I PRE C, KJ t SI-3 - m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITYIWOMEN BUSINESS ENTERPRISE: 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 SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM (with Documentation) and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon contract execution between the City of Fort Worth and the successful bidder, now known as Contractor, a pre-construction meeting will be scheduled at which time the Contractor is required to submit either Letters of Intent or executed agreements with the M/WBE firm(s) to be utilized on this project. Such Letters of Intent or executed agreements shall include the following information: 1. Name of Contract 2. Name of M/WBE firm utilized 3. Scope of Work to be performed by the M/WBE firm 4. Monetary amount of work to be performed by the M/WBE firm 5. Signatures of all parties t SI-4 A notice to proceed will not be issued until the signed letter(s) or executed agreement(s) have been received. Throughout the duration of this project, the Contractor must meet the terms of the M/WBE Ordinance by complying with the following procedures: • A M/WBE Participation Report Form must be submitted monthly until the contract is completed. The first report will be due 30 days after commencement of work. The monthly report MUST have an original signature to ensure accountability for audit purposes. • Reports are to be submitted monthly to the M/WBE Office, regardless of whether or not the M/WBE firm has been utilized. If there was no activity by an M/WBE in a particular month, place a "0" or "no participation" in the spaces provided, and provide a brief explanation. • The Contractor shall provide the M/WBE Office proof of payment to the M/WBE subcontractors and suppliers only. The M/WBE Office will accept the following as proof of payment: 1. Copies of submitted invoices with front and back copies of canceled check(s), OR 2. A notarized letter explaining, in detail: a Subcontractor/supplier Scope of Work b. Date when services were received from subcontractor/supplier c. Amounts paid to the subcontractor/supplier d. Original signatures from both parties must be included on this letter. • If the Contractor foresees a problem with submitting participation reports and/or proof of payment on a monthly basis, the M/WBE Office should be notified. If the Contractor wishes to change or delete an M/WBE subcontractor or supplier, adhere to the following: 1. Immediately submit a Reguest for Aaproval of Change Form to the M/WBE Office explaining the request for the change or deletion. 2. If the change affects the committed M/WBE participation goal, state clearly how and why in documentation. a. All requests for changes must be reviewed and pre-approved by the M/W B E Office. b. If the Contractor makes change(s) prior to approval, the change will not be considered when performing a post compliance review on this project. • Upon the Contractor's successful completion of this project, and days after receipt of final payment from the City of Fort W rth TIt� SI-5 Contractor will provide the M/WBE Office with a Final Summary Payment Report Form to reflect the total participation from ALL (M/WBE and non- M/WBE's) subcontractors/suppliers utilized on the project. • All forms are available at the M/WBE Office, 3rd floor - City Hall. For additional information regarding compliance to the M/WBE Ordinance, call (817) 871-6104. .� Upon request, Contractor agrees to provide to Owner Complete and accurate information regarding actual work performed by a Minority/Women Business Enterprise (M/WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state or local laws or ordinances relating to false statements; further, any such misrepresentation (other than a negligent misrepresentation) and/or '— commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. 12. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within forty-nine (49) days after this documentation is received, but in no case will the award be made until the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus 5% retainage)from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that so not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or SI -6 entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096)- includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. °Services" include, �. without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage f r3'v �l duration of the project and for one year thereafter IT �, SI-7 g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section — 401.011 (44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: 3 (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. — (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1)- (7), with the certificates of coverage to be provided to the person for whom they are providing services. SI -8 j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION:The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17.AGE DISCRIMINATION: In accordance with the policy("Policy") of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this co , shall, in connection with the employment, advancement or discharge of em IQ �e ;��s� �, or in connection with the terms, conditions or privileges of their employmen =.IW 7 discriminate against person because of their age except on the basis of a n rd �1r� ' P �i Ll occupational qualification, retirement plan or statutory requirement. a , SI-9 18. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide c occupational qualification, retirement plan or statutory requirement. 19. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 20. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal R state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract SI- 10 SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) 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 inadvertently opened,shall not be considered. g) The City will attempt to notify prospective bidders whose qualifications(financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary prequalification. 2. BID SECURITY: A cashier's check,or an acceptable bidder's bond,payable to the City of Fort Worth,in an amount of not less than five(5%)percent of the largest possible total of the bid submitted must accompany the bid,and is subject to forfeiture in the event the successful bidder fails to execute the Contract Documents within ten(10)days after the contract has been awarded To be an acceptable surety on the bid bond,the surety must be authorized to do business in the state of Texas. In addition, the surety must(1)hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law;or(2)have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City,in its sole discretion,will determine the adequacy of the proof required herein. 3. BONDS: A performance bond,a payment bond,and a maintenance bond each for one hundred (100%)percent of the contract price will be required,Reference C 3-3.7. 06/04/03 4. WAGE RATES: R 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 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. 06/04/03 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, SUBCONTRACTOWSUPPLIER UTILIZATION FORM,PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM("with Documentation")and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m.,five(5)City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or women business enterprise (WBE)on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books,records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts(other than a negligent misrepresentation)and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal,State or local laws or ordinances relating to false statements. Further,any such misrepresentation of facts(other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three(3)years. 12. FINAL PAYMENT,ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. C. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. 06/04/03 d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding(i)final quantities,or(ii)liquidated damages,city shall make a . progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages,the parties shall attempt to resolve the differences within 30 calendar days. ` 06/04/03 rt PART B UNIT I-DRAINAGE IMPROVEMENTS TO TONY'S CREEK AT N.E.29TH STREET PROPOSAL UNIT II-WATER IMPROVEMENTS AT N.E.29TH STREET t PROPOSAL SUMMARY OF BIDS MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS-PINK- PART B-PROPOSAL TO: Gary.Jackson City Manager Fort Worth, Texas PROPOSAL FOR: Unit I-Drainage& Paving Improvements to Tony's Creek @ N.E. 29th Street Unit II—Water Improvements @ N.E. 29th Street (THIS PROPOSAL MUST NOT BE REMOVED FROM THIS BOOK OF CONTRACT DOCUMENTS) Pursuant to the foregoing"Notice to Bidders",the undersigned Bidder,having thoroughly examined the plans, specifications,General Contract Documents and General Specifications for Water Department Projects and the site of the project and understands the amount of work to be done,and the prevailing conditions,hereby proposes to do all the work,furnish all labor,equipment and material except as specified to be furnished by the City,which is necessary to fully complete the work as provided in the Plans and Specifications,and subject to the inspection and approval of the Public Works Director of the City of Fort Worth,Texas. Total quantities given in the bid proposal may not reflect actual quantities; however, they are given for the purpose of bidding on and awarding the contract. Upon acceptance of this proposal by the City Council,the bidder is bound to execute a contract and furnish Performance Bond,Payment Bond approved by the City of Fort Worth for the performing and completing the said work within the time stated and for the following sums, to-wit: UNIT I -DRAINAGE & PAVING IMPROVEMENTS TO TONY'S CREEK @ N.E.29'STREET ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID (Furnish and install, including all appurtenant work, complete in place,the following items): Appendix 2 EA Provide and Install Standard A Project Designation Sign Per EA:: True- Ay'X461;' � Dollars and N O Cents 82Q 2 CFW 1 LS Implement and Maintain Traffic TPWD Control Per Plans Per Lump Sum: Special Tw- a •eye 7A(O 9) Provisions S/yrY Dollars 10 and No Cents $ Z� BP- 1 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 3 NCTCOG 1 LS Implement and Maintain Erosion Item 3.12 Control Measures/SW3P Per Lump Sum: )=ZjjP_7EGN TtlOL6&43� Six N1AvC"7:, FbQry Dollars N and 140 Cents $�¢ $ 14 W 4 CFW 1750 Cy Unclassified Street Excavation TPWD Per CY: Item 106 Dollars and )r 0 f ' Cents $ s14700 - 5 14700 _5 CFW 150 LF Remove&Dispose of Existing — TPWD 54° RCP Culverts Per LF: Item 452 FI 'mea Dollars — 00 and /Vo Cents $ 6 CFW 40 Sy Remove&Dispose of Existing TPWD Concrete Riprap Per SY: Item 104 &452 SIX rfimaN Dollars 00 00 and Al O Cents $ �L;Q 7 CFW 170 LF Remove& Dispose of Existing TPWD Concrete Curb and Gutter Per LF: Item 452 " 'EL aVow Dollars / 00 and �� Cents $ 870 BP-2 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT rID 8 CFW 570 SF Remove&Dispose of Ex. Conc. TPWD Driveways,Valley Gutters, Item 104 Sidewalks, Leadwalks& Wheelchair Ramps Per SF: BNC Dollars 80 and C1 yHTY Cents $ / 9 CFW 120 LF Shoring&Trench Safety for TPWD Depths Greater than 5', Per LF: Item 525 Dollars 30 and �iiZrY Cents $ $ 9916. 1 10 CFW 1500 CY Trench Excavation& Backfill for TPWD Storm Drain Per CY: Item 402 �•I CT H T' Dollars 40 and f-Dl T'l Cents $ 8. /Z� $ r 11 CFW 4 EA Cast in Place Concrete Wing TPWD Wali for Box Culvert Complete in Item 410 Place Per EA: L7740�L2vEN ,S,0ovz' Dollars ca^^ �� 74 and A11O Cents $ ' $ 44,,960. 12 CFW 2 EA Cast in Place Concrete Parapet TPWD Wall Complete Per EA: Item 410 Fbva- 7-H&X&Yv E14'/+r#/NARd9> Dollars and NO Cents IV I 4�' tJS�JIt1�L 'L'1�I BP-3 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 13 NCTCOG 450 SY Grouted Type"C"Stone(18"-24") Item 2.1 & Riprap w/18"Gravel Bedding Per 8.15 Sheet 7, Complete in Place Per SY: --"1t'r�©A"If Dollars and JVD Cents $ $ 7-71450, 14 NCTCOG 1235 SY Dry Type"A"Stone(18"-24" Dia.) Item 2.1 & Riprap w/18"Gravel Bedding Per 8.15 Sheet 7,Complete in Place Per SY: N'Nt Dollars ao and N� Cents $ 5 °D 15 CFW 2 EA Construct 10'Concrete Curb TPWD Inlet, Complete In Place, Per EA: Item 410 7-1&lb 7-#0VSAWq0 Dollars a 00 and N0 Cents $ eco. $ 16 CFW 4 VLF Extra Depth for 10'Concrete TPWD Curb Inlet,Complete In Place, — Item 410 Per EA: Two 11V )'Z�lr-r'r Dollars LO and /V0 Cents $ 240 $ 17 CFW 25 LF Provide and Install 24" RCP TPWD Storm Drain Lateral, Complete In — Item 402 Place, Per LF: Gam'f FbjcL Dollars 00 and t40 Cents $ � �oe $ BP-4 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 18 CFW 1600 SY 6" Lime Stabilized Subgrade Per TPW D SY: Item 210 Dollars 00 and No Cents $ $ 4w, = 19 CFW 30 TON Hydrated Lime for Lime Stabilized TPWD Subgrade Per TON: Item 212 �/� ONElx/MPOCAP Nr OVS5 Dollars and N O Cents $ f Dy a_c� $ 3 70r 20 CFW 3 EA Water Valve Adjustment to Water Proposed Grade Per EA: Special Condition Dollars 00 and No Cents It Z60' 7 $ 810, 21 CFW 225 CY Top Soil Backfill Per CY: TPW D Item 116 7y'9'-rjaaj Dollars ao and 140 —Cents J3. Z°JZ!5 R° 22 CFW 100 TON 6"Asphalt Transition Per TON: TPW D Item 312 _ e%4'rA l~'1 70 Dollars 00 and Hfl Cents $ 77-W.00 ss�� qn 13P-5 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 23 CFW 1000 SF 6" Reinforced Concrete `- TPWD Driveways, Per SF: Item 314 /'=0-UAL_ Dollars O and NiNAF7'7' Cents $ $ ggC016a° 24 CFW` 950 LF 7"Concrete Curb& 18"Gutter TPWD Per LF: Item 502 Dollars 00 and N�NGT�/ Cents $1L $ 25 CFW 210 LF Construct Metal Beam Guard TPWD Fence w/Terminal Anchor Item 506 Sections Per Plans Per LF: E Tgrwf7 Wa Dollars 00 so and 'T '"1 Cents $ $ (47— 26 CFW 90 LF Standard Combination Rail On TPWD Top of Parapet Walls, In-Place Item 434 Complete, Per Details, Per LF: Dollars and N O Cents $ S3 s 74 70 00 .� 27 CFW 1300 SY 5" Hot Mix Asphaltic Concrete (3" TPWD TxDOT Type"B"Base and 2" TxDOT Type"D"Surface Course) Item 312 Complete In Place Per SY: 451'`T163r'4 Dollars and N Cents $ !b. $ Ow ' BP-6 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 28 CFW 200 LF Remove, Salvage and Re-Install/ TPWD Replace Existing Chain Link Item 510 Fence Per LF: h / We.7A925j Dollars QO �� and F ' y Cents $ $ �08a 29 CFW 75 LF Provide& Install New TPWD Commercial Grade 8' High Chain Item 510 Link Fence w/Outriggers to Match Existing Per LF: efew -j"5154 Dollars� D and E/bwrY Cents $ �7. $ `- 30 CFW 1 EA Provide& Install New TPWD Commercial Grade 12'Wide X 8' High Swing Gate for Chain Link Item 510 Fence, Complete In Place, Per EA: s✓'���'"� Dollars to and N O Cents $ r /y. $1(6770- 31 CFW 200 LF Remove, Salvage and Re-Install/ TPWD Replace Existing Wire Fence Per Item 508 LF: /61 H3• Dollars CIO 60 and N'"'� Cents $ 8. IO $ 7w•60 32 Special 1 EA Remove, Salvage and Re-Install Provisions Existing Power Pole with Street Light, Complete In Place, Per Ea: Two Thousand Five Hundred Dollars and No Cents $_2,5.00 2,500.00 BP-7 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID 33 Special 1 LS Remove, Salvage, Re-Install and Provisions Adjust Existing Security Camera by Sonitrol (through Property Owner: Orval Hall at(817)624- 7207)per Lump Sum One Thousand Five Hundred Dollars and No Cents $ 1.500 1 500.00 34 NCTCOG 750 SY Provide and Install Erosion Item 2.23 Control Blanket(North American Green SC 150 or Equal) Complete,Stapled In Place, as — Directed by Engineer Per SY: O AJA:-r Dollars Bo and NO Cents $ ' $ 35 NCTCOG 750 SY Hydromulch All Distrubed/Graded Item 3.10 Areas, as Directed by Engineer, per SY: &A"O- Dollars 2_D a_o and Cents $ 9� . $ 36 CFW 10 CY Crushed Limestone for TPWD Miscellaneous Placement as Item 208 Directed by Engineer Per CY: 7—#'At-Ty Dollars and 110 Cents $ �. _ $ 3co- 37 CFW 10 CY Concrete(2500 PSI)for TPWD Miscellaneous Placement as Item 406 Directed by Engineer Per CY: V./(fz4-Y Dollars and /l O Cents $ ��r $ �, BP-8 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH BID UNIT PRICE TOTAL NO. SECTION QUANTITY UNIT PRICES WRITTEN IN WORDS AMOUNT BID Miscellaneous Utility 38 Special 1 EA Adjustments, See Special Provisions Provisions, Per Ea: Five Thousand Dollars and No Cents $5.000 $5,000.00 i Unit 1: Base Bid Sub Total= $ 2-T,7(4, go 39 CFW 120 LF Precast Concrete Box Culvert 12' TPWD Wide X 10'High Complete in Item 441 Place Per LF: NO$11r,> Dollars l 1 and N oBID Cents $ N $ 40 CFW 25 LF 3 Cell-12'Wide X 10' High Cast TPWD in Place Concrete Box Culvert Item 440 Complete in Place Per LF: y WO BID Dollars and 0 BIT--) Cents $ 17 $ Alternate 1: Pre-Cast Concrete Culvert Total (Unit 1 Base Bid + Items 39+40)_ $ 1�p1317 11 41 CFW 65 LF 3 Cell-12'Wide X 10' High Cast TPWD in Place Concrete Box Culvert Item 440 Complete in Place Per LF: LrWo 7-hW- w-✓ TWO y�vo►Zc'7� ��'r Dollars and NO Cents $ 2240, $ 145) 6M.at Alternate 2: Cast-In-Place Concrete Culvert Total o0 (Unit 1 Base Bid + Item 41)_ BP-9 w UNIT II-WATER IMPROVEMENTS @ N.E.29TH STREET ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. SECTION QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID Furnish and install, including all appurtenant work,complete in place, the following items : CFW - Water 1 LS Furnish &Lay 2"Pipe and Fittings 42 Special for Temporary Service Connection Conditions (Entire Project), Per Lump Sum: 7�rzar 7/f0,Vo.40 TWA HV'JPJt"0 7 #fJ-7 y Dollars co and No Cents 3330 $ 3330, CFW 665 LF "12"Water Line Class 200 Water conforming to AWWA C-900, in Item E1-6 Place(Includes Removal of Existing & E1-24 Water Pipe)Per LF: 43 T]f'ttrY C-14sf7- Dollars and y Cents 2 Q IS $ 25i CFW 650 LF *8"Water Line Class 200 Water conforming to AWWA C-900, in Item E1-6 Place(Includes Removal of Existing 44 & E1-24 Water Pipe)Per LF: ` A__en y'e/boor Dollars and /11^IAM7-Y Cents 28 q0 $ $ y CFW 1000 LF Cut, Plug and Abandon Existing Water Water Line Per LF: r Special NE 45 Conditions Dollars 40 and ��� Cents $ - $ I CFW 300 LF Remove Existing Water Line (In Water Area of Proposed Box Culvert: Sta Item 0+75 W to 0+75 E)Per LF: 46 E2-27 /=-/vL'" Dollars and .157ixr-Y Cents $ $ I(0Boo BP- 10 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. SECTION QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID CFW 2 EA Furnish and Install 12"Gate Valve Water W/Box and Lid Per Figure 3, Per EA:Item ' Item EA: 47 FIVE WV Dollars and N0 Cents °15 $ Jam 0. CFW 1 EA Furnish and Install 8"Gate Valve Water W/Box and Lid Per Figure 3, Per Item EA: E1-10 El6,hOr 48 Jr/xTY Dollars cL and N Cents CFW 1 LS Horizontal&Vertical Offset Water (Lowering)of 12"Water Line Item w/Bends, Retainer Glands & E2-20 Concrete Blocking Per LS: 49 `ova 7waaA-A� Dollars and A10 Cents $ CFW 1 LS Horizontal &Vertical Offset Water (Lowering)of 8"Water Line Item w/Bends, Retainer Glands & E2-20 Co crete Blocking g Per LS: 50 5i� his .+� i;� f/VASW.AD N t.+ffTy Dollars " G3g4 and A10 —Cents $ /_Zq0 $ CFW 2 TON C.I./D.I. Fittings Per TON: Water 7-HROE 7-fku5*A0 Six Item 90YO 460 TES 51 E2-7 Dollars and A/0 Cents 3(�(p $ 77–Z6d L7- 1,' 717j, , BP- 11 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. SECTION QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID CFW 700 LF Trench Safety for Depths Greater Water than 5',Per LF: Special 52 Provisions ©/VE Dollars � and T '7SA./ Cents $ / 70. CFW 2 EA 2"Service Tap to Main, Per EA: Water S„,. A!WOAaO Item =. 53 Item — � Dollars and O Cents tQ $ )340'TO CFW 50 LF 2"Copper Service Line from Main Water to Meter, Per LF: Item 54 E2-17 Twc�rr'r` x Dollars and S Cents Z�.�D $ 1335. CFW 1 EA Water Meter Box(Class B for 2" _ Water Service)Per��FFAA Item ONC h`✓^ cwf4rL? 55 E1-18 /Y►n/LAry Dollars NO Cents $V-10 $ CFW 1000 LF Temporary Asphalt Pvmt. Repair(6" Water Flexible Base&2"HMAC)Per LF: Special 56 Provisions 6NGr Dollars 00 i�and T � Cents / $ $ 1. Appendix 225 LF Permanent Asphalt Pavement A Repair Per Figure 2000-1, Per LF: 57 Dollars --77Q�o0 and / Cents 240 $ f / '`�• BP- 12 ITEM SPEC APPROX DESCRIPTION OF ITEMS WITH UNIT TOTAL NO. SECTION QUANTITY UNIT BID PRICES WRITTEN IN WORDS PRICE AMOUNT BID I CFW 10 CY Crushed Limestone for Water Miscellaneous Placement Per CY: Special _ 58 Provisions Dollars WK. a0 F and N n Cents $ $ ©. CFW 10 CY Concrete(2500 PSI)for Water Miscellaneous Placement, Per CY: 59 Special QAJ&Z- Dollars Provisions and ^/0 Cents $ L• $ !. Unit II : Water Improvements Total= $ fu8, 50 Alternate 1: Pre-Cast Concrete Unit I &Unit II Improvements TOTAL $ (Unit I Alternate 1 Total+Unit II Total) Alternate 2: Cast-In-Place Concrete Unit I &Unit 11 Improvements TOTAL $ 7 5: z LJ97Z 5� (Unit I Alternate 2 Total+ Unit II Total) . /' / r V SPEC SECTION: This is a reference which may further explain the specific bid item.The citation is not all inclusive, and the Contractor should also refer to other section of the specifications as well as the special conditions, special provisions, and construction plans. CFW TPWD: City of Fort Worth Transportation & Public Works Department Standard Specification for Street and Storm Drain Construction CFW Water: City of Fort Worth Water Department General Contract Documents and General Specifications NCTCOG: North Central Texas Council of Government Standard Specifications for Public Works Construction TXDOT: Texas Department of Transportation Standard Specification for Construction. "W ir.""yH, T BP- 13 *At the Contractor's option, unless otherwise noted,the price bid for water pipe shall be either Ductile Iron (Di)pipe or Polyvinyl Chloride(PVC) pipe per City of Fort Worth Water Department's General Contract Documents and General Specifications. *T Pipe Used (for 12"and Smaller) DIP Class 51 -Polywrapped PVC DR-14 Within ten (10) days after notification by the City, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other Bonds as required by the Contract. The attached bid security in the amount of is to become the property of the City of Fort Worth,Texas,in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has been furnished at least o ne s et o f t he G eneral C ontract Documents and General Specifications for Water Department Projects dated January 1,1978,and that he has read and thoroughly understands all of the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors,or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order,and to complete the contract within 100 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 required to be percent lower than resident bidders by state law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BP- 14 Receipt is acknowledged of the following addenda: Addendum No. 1 (SEAL) If Bidder is Corporation Addendum No.2 Addendum No.3 Respectfully submitted, . /n#r B uL'r7Bx. x Titl t->rel, 1�u� hr� � MCor n Contractor: 4ru�40tLC ?b. 'b0� 9067 Address: F+- Wo r 76/Z .T. WJ L7 )i 1: BP- 15 F4 R T WO>I?T H RECEIVED MAY 2 7 2004 City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more;the M/WBE goal is applicable. If the total dollar value of the contract is less than$25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M1WBE PROJECT GOALS The City's MBENVBE goal on this project is /6 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal,or 2. Good Faith Effort documentation, or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: I opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will 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. S. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal, opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)871-6104. Rev.5/28103 ATTACHMENT IA Page 1 d 4 FORT WORTH City of Fort Worth RECEIVED MAY 17 Subcontractors/Sualiers Utilization Form 20Ok a PRIME COMPANY NAME: I /? Check applicable block to describe prime /4V" PN R-aY f Mores l�onl�T¢��Tioi.!�, AN G, PROJECT NAME: � pC • ��, VII y / lam =M�T� I X1 MNV/DBE NON-MNV/DBE TOM 9E1E_K-¢ A/ z 9 t� sr >=% BID DATE MAY 00,zO� City's MIWBE Project Goal: Prime's MIWBE Project Utilization: PROJECT NUMBER /( % 16. -S7- % Doh=-: 432-3 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine(9)county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct 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. 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. FORT WORTH ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. CertMc:atlon P (check one) c SUBCONTRACTORISUPPLIER T r "i Company Name t N T Detail Detail Address I M wC X P Subcontracting Work Supplies Purchased Dollar Amount T D Telephone/Fax r B B E E R O E E C T E A � 783 � po. 79,42 77e 097 Bi44¢7- g�794'!-ozo� fAK '� ' )v TX Z9 77. 74,44 /17.�e_85/D pM �ZJ TGiwiry�Q!/LT' LiKC`SrJAB . t o 00 p,p,P_Jok Z413/ 1 e 471717, - Foor,lrlacrw'T,C 76/z¢ 8/7 ZG/zwl P# Si7Zld-�o�¢�X �1JG. $�,t�uavr3 B,7 yaq A' eklj F33/- 1/7/�'iiK n(GGp uL-aY k>1 Sox 404 �y f 4 8,��8-o�ef Pte. FORT WORTH ATTACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractorstsuppliers, regardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. CertlficsUon (check one) SUBCONTRACTOR/SUPPLIER T r Company Name I N T Detail Detail Addresse M w c X e Subcontracting Work Supplies Purchased Dollar Amount Telephone/Fax r B B T D E E R O E E C T E A po.f3ox vro97° f'► P107 3 �7z 2X-Z-3(04D Pw. X72 Z-'69� i-o"o ( Y Fvaa+�sN �t 56L,- tvp� �Z 758 eo 35 W,"64irc 07109315- 9-r-ev %?* 97z 936 9t 0ob Fc'A' � E4N � r�-�•�.a� F'c�wrSN 97Z 621-0111 FORT ATTACHMENT 1A Page 4d4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 87,E (13 Total Dollar Amount of Non-MIWBE Subcontractors/Suppliers $ (43,57 2- — TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 23 /��j(o g The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. C Authorized signature f If Printed signature 5 Title Cont"- NamerrItle(if dlfferront) �Ar76n 62 o W7 04 ?�a 1241�� Comny Name Telephone and/or Fax P0• za2 1 Address T— E-mail Address 6L /, b ref I 76 citylststalzip Date a PART C GENERAL CONDITIONS-YELLOW- SECTION C-1; SUPPLEMENTARY CONDITIONS TO SECTION C-WHITE- PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS Cl-1 DEFINITIONS C1-1. 1 Definition of Terms Cl-1 (1) C1-1 . 2 Contract Documents , Cl-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 Cl-1 (2 ) C1-1.7 Special Conditions Cl-1 ( 2 ) C1-1.8 Specifications Cl-1 (2 ) C1-1. 9 Bond C1-1 (2 ) C1-1.10 Contract Cl-1 (3) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 (3 ) C1-1.13 City Council Cl-1 ( 3 ) C1-1. 14 Mayor Cl-1 ( 3 ) C1-1.15 City Manager C1-1 (3) C1-1. 16 City Attorney Cl-1 ( 3 ) C1-1.17 Director of Public Works C1-1 ( 4 ) C1-1.18 Director, City Water Department Cl-1 ( 4 ) C1-1. 19 Engineer C1-1 (4 ) C1-1.20 Contractor C1-1 (4 ) C1-1. 21 Sureties Cl-1 (4 ) C.1-1. 22 The Work or Project Cl-1 ( 4) C1-1.23 Working Day Cl-1 ( 4) C1-1.24 Calendar Day Cl-1 ( 4 ) C1-1.25 Legal Holiday C1-1 ( 4 ) C1-1. 26 Abbreviations Cl-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 Cl-1 ( 6 ) C1-1.30 City Streets C1-1 (6) C1-1.31 Roadway C1-1 ( 6 ) C1-1. 32 Gravel Street C1-1 ( 6 ) C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2.1 Proposal Form C2-2 (1) C2-2. 2 Interpretation of Quantities C2-2 (1) C2-2. 3 Examination of Contract Documents and Site C2-2 (2) C2-2. 4 Submitting of Proposal C2-2 (3 ) C2-2. 5 Rejection of Proposals C2-2 (3 ) C2-2. 6 Bid Security C2-2 (3 ) (1) C2-2 . 7 Delivery of Proposal C2-2 ( 4 ) C2-2 . 8 Withdrawing Proposals C2-2 ( 4 ) C2-2. 9 Telegraphic Modification of Proposals C2-2 ( 4 ) C2-2.10 Public Opening of Proposal C2-2 (4 ) C2-2. 11 Irregular Proposals C2-2 ( 4 ) C2-2. 12 Disqualification of Bidders C2-2 (5 ) C3-3 AWARD AND EXECUTION OF DOCUMENTS C3-3 . 1 Consideration of Proposals C3-3 ( 1 ) C3-3 . 2 Minority Business Enterpise Women-Owned Business Enterprise compliance C3-3 (1) C3-3 . 3 Equal Employment Provisions C3-3 (1) C3-3 . 4 Withdrawal of Proposals C3-3 ( 2 ) C3-3 . 5 Award of Contract C3-3 ( 2 ) C3-3 . 6 Return of Proposal Securities C3-3 (2 ) C3-3 . 7 Bonds C3-3 (2 ) C3-3. 8 Execution of Contract C3-3 ( 4 ) C3-3 . 9 Failure to Execute Contract C3-3 (4 ) C3-3 . 10 Beginning Work C3-3 ( 4 ) C3-3.11 Insurance C3-3 ( 4 ) C3-3.12 Contractor ' s Obligations C3-3 (7 ) C3-3. 13 Weekly Payroll C3-3 (7 ) C3-3 . 14 Contractor ' s Contract Administration C3-3 (7 ) C3-3 .15 Venue C3-3 ( 8 ) C4-4 SCOPE OF WORK C4-4. 1 Intent of Contract Documents C4-4 (1) C4-4. 2 Special Provisiont 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 ) C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 Authority of Engineer C5-5 (1 ) C5-5 . 2 Conformity with Plans C5-5 (1 ) C5-5. 3 Coordination of Contract Documents C5-5 ( 2 ) C5-5 . 4 Cooperation of Contractor C5-5 ( 2 ) C5-5 . 5 Emergency and/or Rectification Work C5-5 ( 3 ) C5-5 . 6 Field Office C5-5 ( 3 ) C5-5 . 7 Construction Stakes C5-5 A3 ) C5-5 . 8 Authority and Duties of Inspectors C5-5 (4 ) C5-5 . 9 Inspection C5-5 ( 5 ) C5-5 . 10 Removal of Defective and Unauthorized Work C5-5 (5) C5-5 . 11 Substitute Materials or Equipment C5-5 ( 5 ) C5-5 . 12 Samples and Tests of Materials C5-5 ( 6 ) C5-5 . 13 Storage of Materials C5-5 ( 6 ) C5-5 . 14 Existing Structures and Utilities C5-5 (7 ) C5-5 . 15 Interruption of Service C5-5 ( 7 ) C5-5 . 16 Mutual Responsibility of Contractors C5-5 ( 8 ) C5-5 . 17 Cleanup C5-5 ( 8 ) C5-5 . 18 Final Inspection C5-5 ( 9 ) ( 2) C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6 . 1 Laws to be Observed C6-6 (1) C6-6 . 2 Permits and Licenses C6-6 (1 ) C6-6 . 3 Patented Devices, Materials and Processes C6-6 (1 ) C6-6 .4 Sanitary Provisions C6-6 ( 2 ) C6-6 . 5 Public Safety and Convenience C6-6 (2 ) C6-6 . 6 Privileges of Contractor in Streets, . Alleys, and Right-of-Way C6-6 (3) C6-6 . 7 Railway Crossings C6-6 (4 ) C6-6 . 8 Barricades, Warnings and Watchmen C6-6 (4 ) C6-6 . 9 Use of Explosives, -Drop Weight, etc. C6-6 (5 ) C6-6 . 10 Work Within Easements C6-6 (6 ) C6-6. 11 Independent Contractor C6-6 ( 8 ) C6-6 . 12 Contractor ' s Responsibility for Damage Claims C6-6 ( 8 ) C6-6 . 13 Contractor ' s Claim for Damages C6-6 (10 ) C6-6 . 14 Adjustment of Relocation of Public Utilities, etc . C6-6 (10 ) C6-6 . 15 Temporary Sewer Drain Connections C6-6 (10 ) C6-6 . 16 Arrangement and Charges of Water Furnished by City C6-6 (11 ) C6-6 . 17 Use of a Section of Portion of the Work C6-6 (11 ) C6-6 . 18 Contractor' s Responsibility for Work C6-6 (11 ) C6-6. 19 No Waiver of Legal Rights C6-6 (12 ) C6-6. 20 Personal Liability of Public Officials C6-6 (12 ) C6-6. 21 State Sales Tax C6-6 (12 ) C7-7 PROSECUTION AND PROGRESS C7-7 . 1 Subletting C7-7 (1.) C7-7 . 2 Assignment of Contract C7-7 (1 ) C7-7 . 3 Prosecution of the Work C7-7 (1 ) C7-7 . 4 Limitations of Operations C7-7 (2 ) C7-7 . 5 Character of Workman and Equipment C7-7 (2 ) C7-7 . 6 Work Schedule C7-7 (3 ) C7-7 . 7 Time of Commencement and Completion C7-7 (4 ) C7-7 . 8 Extension of time of Completion C7-7 (4 ) C7-7 . 9 Delays C7-7 (4 ) C7-7 . 10 Time of Completion C7-7 (5 ) C7-7 .11 Suspension by Court Order C7-7 (6 ) C7-7 .12 Temporary Suspension C7-7 (6 ) C7-7 .13 Termination of Contract due to National Emergency C7-7 (7 ) C7-7 . 14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7 ) C7-7 .15 Fulfillment of Contract C7-7 (9 ) C7-7, 16 Termination for Convenience of the Onwer C7-7 (10 ) C7-7 . 17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8 . 1 Measurement of Quantities C8-8 (1 ) C8-8 , 2 Unit Prices C8-8 ( 1 ) (3 ) C8-8 . 3 Lump Sum C8-8 (1 ) C8-8 . 4 Scope of Payment C8-8 (1) C8-8 . 5 Partial Estimates and Retainage C8-8 (2 ) C8-8 . 6 Withholding Payment C8-8 (3 ) C8-8. 7 Final Acceptance C8-8 (3 ) C8-8. 8 Final Payment C8-8 (3 ) C8-8. 9 Adquacy of Design C8-8 (4 ) C8-8.10 General Guaranty C8-8 ( 4 ) C8-8 .11 Subsidiary Work C8-8 (5 ) C8-8 .12 Miscellaneous Placement of Material C8-8 (5 ) C8-8. 13 Record Documents C8-8 (5 ) ' a (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 wrl.tten 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 - NOTICEtTO BIDDERS ( Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS 'E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1 ) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders . C1-1 . 4 PROPOSAL: The completed- written and signed offer or tender of a bidder to perform the work which the Owner desires to have done , together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER : Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative , submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS : The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Fort Worth ' s charter and promulgated ordinances . Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1 -1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions . When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS : The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship , equipment and services in order to render a completed and useful project . Whenever reference is made to standard specifications, regulations , requirements , statutes , etc . , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written cuarantee or security furnished by the Contractor for the prompt and C1-1 (2 ) faithful performance of the contract and include the following : a. Performance Zond (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 comoleted 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 , Tezas , or his duly authorized representative. C1-1 (3 ) Cl-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 _ Directorof the City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents . C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents , acting within the scope of the particular duties entrusted to them. �. C1 -1 . 20 CONTRACTOR : The person , persons , partnership , company, firm, association , or corporation , entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative . A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1 . 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and w approved changes therein. C1-1 . 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not 3 limited to the furnishing of all labor , materials , tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY : A working day is defined as a calendar day, not including Saturdays, Sundays , and legal holidays , in which the weather or other conditions not under the control of the Contractor permit the performance of the principal unit of work for a period of not less than seven ( 7 ) hours between 7 : 00 a . m, and 6 : 00 p .m . , with exceptions as permitted in paragraph C7-7 . 6 . C1-1 . 24 CALENDAR DAYS : A calendar day is any day of the week .� or month, no days being excepted. C1-1 . 25 LEGAL HOLIDAYS : Legal holidays shall be observed as prescribed by the City Council of the City of Fort Worth for observance by City employees as follows : C1-1 (4 ) 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 S . 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 may be found necessary and which was not specifically included in the scope of the project on which bids were submitted. Increase in unit quantities stated in the proposal are not the subject matter of a Change Order unless the increase or decrease is more than 25% of the amount of the particular item or items in the original proposal. All "Change Orders " shall be prepared by the City from information as necessary furnished by the Contractor. C1-1. 28 PAVED STREETS AND ALLEYS : A paved street or alley shall be defined as a street or alley having one of the following types of wearing surfaces applied over the natural unimproved surface: 1. Any type of asphaltic concrete with or without separate base material. 2. Any type of asphalt surface treatment , not including an oiled surface , with or without separate base material. 3 . Brick, with or without separate base material. 4. Concrete, with or without separate base material. 5. Any combination of the above. C1-1. 29 UNPAVED STREETS OR ALLEYS : An unpaved street, alley, roadway or other 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 has been added one or more applications of gravel or similar material other than the natural material found on the street surface before any improvement was made. C1-1 (6 ) SECTION C - GENERAL CONDITIONS C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, wh ch 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 visit the site of the project and examine carefully all local conditions , to inform themselves by their own independent research and investigations, tests , boring, and by such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project . They must judge for themselves the difficulties of the work and all attending circumstances affecting the cost of doing the work or the time reauii;ed for its completion, and obtain all information required to make an intelligent proposal . No information given by the Owner or any representative of the Owner other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Owner. Bidders shall rely exclusively and solely upon their own estimates , investigation , research , tests , explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is mutually agreed that the submission of a proposal is prima-facie evidence that the bidder has made the investigations , examinations and tests herein required . Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. The logs of Soil Borings, if any, showing on the plans are for general information only and may not be correct . Neither the C2-2( 2 ) Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2 . 4 SUBMITTING OF PROPOSAL,:y 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 price:, , 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. C2-2 ( 3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered , accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the " Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place . The mere fact that a proposal was dispatched will not be considered. The Bidder must havt the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL, " and the name or description of the project as designated in the' "Notice to Bidders . " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas . C2-2 . 8 WITHDRAWING PROPOSALS : Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for - opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals . After all proposals not requested for non-consideration are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may , at the option of the Owner , be returned unopened. C2-2 . 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set For opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time . If such confirmation is not received within forty-eight ( 48 ) hours after the proposal opening time , no further consideration will be given to the proposal. C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been, received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders . " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded. Bidders or their authorized representatives are invited to be present for the opening of bids . C2-2 . 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irrecular" if thev show any omissions , alterations of form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind . However , the C2-2( 4 ) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 - DISQUALIFICATION OF BIDDERS : Bjidders may be disqualified and their proposals not considered for any o•f , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders . b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C . The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder . d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f . Lack of competency as revealed by the financial statement, experience record , equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the following: 1. Financial .Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3 . An equipment schedule showing the equipment - the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5 ) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF i 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 fuXl 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 . ' Payrnent -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 shal.1 be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth , Texas , and which is acceptable to the owner . In order to be acceptable , the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company . Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 ( 3 ) new surety satisfactory to the Owner . No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10 ) days after the Owner has by appropriate resolution, or otherwise, awarded the contract , the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents . No contract shall be binding upon the owner until it has been attested by the City Secretary , approved as to form and legality by the City Attorney , and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURE TO . EXECUTE CONTRACT : The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten ( 10 ) days after the contract is awarded shall be considered. by the Owner as an abandonment of his proposal , and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor , and it being impracticab.le 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 comamence 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 )