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Home My WebLink AboutContract 26065 r f SPECIFICATIONS AND CON'ii.��T DOCUMENTS i� FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET Crrf SECRffA6W AND SANITARY SEWER MAIN REHABILITATION AND IMPROVEMENT D.O.E. FILE CITY SECRETARY CONTRACT 2 CONTRACT NO. CP �3 CONTRACTOR'S BONDING CO. CONSTRUCTION'S tWOOS: 2133 Schwartz Ave (Long Ave to Eva St) 2134 Maydell St (Weber St to LeBow St) CLIENT DEPARTMENT UNIT I: Water and Sanitary Sewer Improvements Water Project: PW77-060770154060 Sewer Project: PS46-070460133900 L UNIT II: Paving and Drainage Improvements LPaving and Drainage Project: C115-020115040558 FOR THE CITY OF FORT WORTH, TEXAS 1999 KENNETH BARR BOB TERRELL MAYOR CITY MANAGER HUGO MALANGA,P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT LEE C.BRADLEY,JR.,P.E. JW DIRECTOR OF WATER DEPARTMENT A.DOUGLAS RADEMAKER,P.E. DIRECTOR OF ENGINEERING DEPARTMENT i Prepared by: Wendy Lopez&Associates,Inc. 3800 Sandshell Drive Suite 175 Fort Worth,TX 76137 (817)232-0244 O�MCI AL RICO WLA Project No.99065 lupQ�,¢ �' Ge City of Fort Worth, Texas 4Vayor And Council Communtcati DATE REFERENCE NUMBER LOG NAME PAGE 7/11/00 **C-18107 1 30JL 1 of 2 SUBJECT AWARD OF CONTRACT TO J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET AND WATER AND SANITARY SEWER MAIN REHABILITATION, CONTRACT 2 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with J. L. Bertram Construction and Engineering, Inc. in the amount of $339,636.34 for reconstruction of Schwartz Avenue (Long Avenue to Eva Street) and Maydell Street (Weber Street to Lebow Street) including paving, storm drain, water and sanitary sewer main replacement, Contract 2. DISCUSSION: The 1998 Capital Improvement Program included funds for the reconstruction of Schwartz Avenue (Long Avenue to Eva Street) and Maydell Street (Weber Street to Lebow Street). The Water Department has determined that the existing water line in Schwartz Avenue and sanitary sewer lines in Maydell Street are in need of replacement prior to street reconstruction. The street improvements include 8-inch pulverization with 3-inch HMAC (hot mix asphalt concrete) surface course for both streets, driveway approaches and sidewalks where shown on the plans, and the replacement of storm drain inlets and laterals. This project was advertised for bid on March 30 and April 6, 2000. On April 27, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION h J. L. Bertram Construction and Engineering, Inc. $339.636.34 120 working days McClendon Construction Company, Inc. $387,695.00 p Stabile &Winn, Inc. $399,060.75 Richard Carr Construction Company $415,257.06 Jackson Construction, Inc. $417,221.00 Funding in the amount of$10,400.00 is included for water and sanitary sewer line construction inspection and survey. Also included are contingency funds to cover change orders for water and sanitary sewer line improvements ($12,000.00) and pavement improvements ($11,804.00). J. L. Bertram Construction and Engineering, Inc. is in compliance with the City's M/WBE Ordinance by committing to 29% M/WBE participation. The City's goal on this project is 28%. This project is located in COUNCIL DISTRICT 2, Mapsco 48Z and 49W. City of Fort Worth, Texas 4vagor And Council communicaflon DATE REFERENCE NUMBER LOG NAME T'� 7/11/00 **C-18107 30JL 2 of 2 SUBJECT 'AWARD OF CONTRACT TO J. L. BERTRAM CONSTRUCTION AND ENGINEERING, INC. FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET AND WATER AND SANITARY SEWER MAIN REHABILITATION, CONTRACT 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Commercial Paper-Water and Sewer Funds and the Street Improvements Fund. MG:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL Originating Department Head: JUL 11 7000 A.Douglas Rademaker 6157 (from) PS46 541200 070460133900 $ 14,050.39 �C f Additional Information Contact: PW77 541200 060770154060 $ 89,501.50 � Secretaty of tho C115 541200 020115040558 $236,084.45 City of tort Worth,Texa:. A.Douglas Rademaker 6157 FROM wEMY LOPEZ 8 Assoc. PHONE NO. : 8172324638 Apr. 21 2000 10:49AM P2 ADDENDUM NO. 1 FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET WATER AND SANITARY SEWER MAIN REHABILITATION AND IMPROVEMENTS PAGE 1 OF 2 April 20, 2000 UNjI j.• Water and Sanitary Seweer 1wrovenents Water Pmjeet: PW77-060770154060 Sewer Project: PS46-070460133900 UNIT I..- Paving and Drainage Arvvewents Paving and Drain ap Project: C115-020115040558 DOE MOS.- 2133 Schwartz Ave(Lon{gA►ee to Eva St) 2134 Meydell St(Weber Sr to LeBow S0 Bids to be Received: April 27, 2000 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid ` Proposal and on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: SPECIFICATION AND CONTRACT DOCUMENTS: 1. Bid Proposal Section A Revisions have been made to the Proposal Section A, page 7(5). The bid unit for pay item 27 has been replaced from 50 cubic yards (CY) to 50 square yards(SY)- vi. Special Provisions (Transportation and Public Works Department) Special Provisions page 13(l) section (2) Submission of Bids should be deleted in its entirety, and replaced with the following paragraph. Submission of Bids: The Proposal Sections of the Special Contract Documents are arranged in two parts to identify pity items for Unit I: Water and Sanitary Sewer Line Improvements and Unit II: Street and Storm Drainage IImprevcments. Only one(1)contract for construction of all two (2) units will be awarded to the bidder with the lowest total amount for all two (2) units." 1 ADDENDUM NO. 1 FROM WENDY LOPEZ & ASSOC. PHOr4E NO. : 8172324638 Apr. 21 2000 10:5" P3 ADDENDUM NO. 1 FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET WATER AND SANITARY SEWER MAIN REHABILITATION AND IMPROVEMENTS PAGE 2OF2 April 20, 2000 All other provisions of the plans, specifications and contract document for the project which are not expressly amended herein shall remain in full force. Failure to return a signed copy of the addendum with the Proposal shall be N grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED A. Douglas Rademaker, P.E., Director J.L.BERTRAM �. Company: CONSTRUCTION&ENGINEERING,INC. (Type or pant company name) (Type or print name) Date: z� i Approved: Rick Trice, P.E. Manager, Consultant Services 2 ADDENDUM NO. 9 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET WATER AND SANITARY SEWER MAIN REHABILITATION AND IMPROVEMENT CONTRACT2 DOE NOS: 2133 Schwartz Ave (Long Ave to Eva St) 2134 Maydell St (Weber St to LeBow St) UNIT I: Water and Sanitary Sewer Improvements Water Project: PW77- 060770154060 Sewer Project: PS46-070460133900 UNIT II: Paving and Drainage Improvements Paving and Drainage Project: C115-020115040558 FOR THE CITY OF FORT WORTH,TEXAS 1999 KENNETH BARR BOB TERRELL MAYOR CITY MANAGER HUGO MALANGA,P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS DEPARTMENT LEE C.BRADLEY,JR.,P.E. DIRECTOR OF WATER DEPARTMENT A.DOUGLAS RADEMAKER,P.E. DIRECTOR OF ENGINEERING DEPARTMENT Prepared by: `fVK Wendy Lopez&Associates,Inc. 3800 Sandshell Drive Suite 175 Fort Worth,TX 76137 (817)232-0244 WLA Project No.99065 TABLE OF CONTENTS 1 - Notice to Bidders 2 - Comprehensive Notice to Bidders 3 - Prevailing Wage Rates 4 - Special Instructions to Bidders (Water Department) 5 - Special Instructions to Bidders (T/PW Department) 6 - City of Fort Worth Minority/Women Business Enterprise Policy 7 - Proposal 0 Water Department 0 T/PW Department 8 - General Conditions (Water Department) 9 - Special Conditions (Water Department) 10 - Additional Special Conditions(Water Department) 11 - Specifications and Details(Water Department) 12 - Project Sign (Water Department) 13 - Special Provisions (T/PW Department) 14 - Silicone Joint Sealing Specifications 15 - Project Sign (T/PW Department) 16 - Vendor Compliance to State Law 17 - Contractor Compliance with Workers'Compensation Law 18 - Certificate of Insurance 19 - Bonds (City of Fort Worth) 0 Performance Bond 0 Payment Bond 0 Maintenance Bond 20 - Contract (City of Fort Worth) 21 - Soil Tests WLA98065.00 -i- III NOTICE TO BIDDERS WLA98065.00 NOTICE TO BIDDERS Sealed proposals for the following: FOR: 1998 Capital Improvement Project-CONTRACT 2 Reconstruction Of Schwartz Avenue and Maydell Street Water and Sanitary Sewer Main Rehabilitation and Improvements Unit I: Water Main and Sanitary Sewer Improvements Water Project No.: PW77-060770154060 Sanitary Sewer Project No.: PS46-070460133900 Unit Ii: Paving and Drainage Improvements T/PW Project No.: C115-020115040558 D.O.E.Nos.: 2133 Schwartz Avenue (East Long Avenue to Eva Street) 2134 Maydell Street (Weber Street to LeBow Street) Addressed to Mr. Bob Terrell,City Manager of the City of Fort Worth,Texas,will be received at the Purchasing Office until 1:30 p.m.,Thursday,April 27,2000, and then publicly opened and read aloud at 2:00 p.m.in the Council Chambers. Plans,Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. One set of plans and documents will be provided for a deposit of fifty dollars($50.00). The major work on the above-referenced project shall consist of the following: Unit I- Water Main and Sanitary Sewer Improvements 1,135 LF 6 to 8 inch water pipe replacement 36 LF 6 inch water pipe replacement 23 Ea Water service lateral taps 750 LF %inch copper water service 215 LF 6 inch sanitary sewer improvements 1 Ea Standard 4'diameter shallow sanitary sewer manhole Unit II- Paving and Storm Drain Improvements 8,300 SY 3 inch HMAC surface course 4,230 LF 7 inch reinforced concrete curb 4,600 SF 6 inch reinforced concrete driveway The Affidavit statement(s)for(Unit I and/or Unit 11,as applicable)of the City of Fort Worth Minority and Women Business Enterprises Specifications must be submitted with the bid at the time of bid opening. Failure to submit the Affidavit statement(s) (for Unit I and/or Unit II,as applicable)with the bid shall result in the rejection of the bid as non-responsive. For additional information, please contact Mr. Paul Holmes, P.E. at(817)232-0244, or Mr.Fred Ehia, P.E. at (817)871-8424. Advertising Dates: March 30,2000 April 6.2000 WLA98065.00 �� - 2 - COMPREHENSIVE NOTICE TO BIDDERS WLA98065.00 COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: 1998 CAPITAL IMPROVEMENT PROJECT, CONTRACT 2 RECONSTRUCTION OF SCHWARTZ AVENUE AND MAYDELL STREET D.O.E. NOS.: 2133 -Schwartz Avenue (East Long Avenue to Eva Street) 2134 - Maydell Street(Weber Street to LeBow Street) UNIT I: WATER MAIN AND SANITARY SEWER IMPROVEMENTS WATER PROJECT NO.: PW77-060770154060 SEWER PROJECT NO.: PS46-070460133900 UNIT II:PAVING AND DRAINAGE IMPROVEMENTS T/PW PROJECT NO.: C115-020115040558 Addressed to Mr. Bob Terrell, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m.,Thursday, April 27, 2000 and then publicly opened and read aloud at 2:00 p.m. in the Council Chambers. Plans, Specifications and Contract Documents for this project may be obtained in the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas 76102. A fifty dollar($50.00) deposit is required for the first set of documents and additional sets may be purchased on a non-refundable basis for fifty dollars ($50.00) per set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of"Version's Annotated Civil Statutes"of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 1 of the Special Instructions to Bidders. The major work on the above-referenced project shall consist of the following: Unit I Water Main and Sanitary Sewer Improvements 1,135 LF 6-to-8 inch water pipe replacement 36 LF 6-inch water pipe replacement 23 Ea Water service lateral taps 750 LF 1- inch copper water service 215 LF 6-inch sanitary sewer improvements 1 Ea Standard 4'diameter shallow sanitary sewer manhole Unit II Paving and Storm Drain Improvements 8,300 SY 3-inch HMAC surface course 4,230 LF 7-inch reinforced concrete curb 4,650 SF 6- inch reinforced concrete driveway This project is a combined contract as defined in the Ordinance No. 13781. The offeror shall list all first and second tier subcontracting and/or supplier opportunities. All other portions of Attachment 1 of Ordinance 13471 as amended by Ordinance 13781 apply to this contract. WLA98065.00 Comprehensive Notice to Bidders- 1 Included in the above will be all other items of construction as outlined in the Plans and Specifications. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of sixty (60)days from the date the M/WBE UTILIZATION FORM, PRIM CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City.The award of contract, if made, will be within sixty (60)days after this documentation is received, but in no case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. SUBMISSION OF BIDS: The Proposal sections of the special contract document are arranged in two Part to identify pay items for unit I: Water and Sanitary Sewer Line Improvements and Unit II Street and Storm Drains Improvements. Only one (1) contract for construction of all two (2) units will be awarded to the bidder with the lowest total amount for all two units. Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817)871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. In accord with the City of Fort Worth Ordinance No. 13471, as amended by Ordinance No. 13781, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. In addition, the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation`)as appropriate. The documentation must be received no later than 5:00 p.m.,within five(5) City business days after bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non-responsive. The Managing Department for this project is the Department of Engineering. For additional information, please contact Mr. Paul R. Holmes, P.E., at(817)232-0244, or Mr. Fred Ehia, P.E., at(817)871-8424. BOB TERRELL CITY MANAGER ALICE CHURCH CITY SECRETARY ADVERTISING DATES: March 30. 2000 _ DEPARTMENT OF ENGINEERING April 6, 2000 A. DO ! S DEM ER, P. By: l , Rick Trice, P.E. Manager, Consulting Services WLA98065.00 Comprehensive Notice to Bidders-2 - 3 - PREVAILING WAGE RATES WLA98065.00 i City of Fort Worth HIGHWAY(Heavy) CONSTRUCTION Prevailing Wage Rates For 2000 •2000 HOURLY CLASSIFICATIONS RATES Asphalt Raker $ 10.32 Asphalt Shoveler $ 9.75 Batching Plant Weigher $ 9.65 Carpenter(Rough) $ 13.64 Concrete Finisher-Paving $ 10.16 Concrete Finisher Helper(Paving) $ 9.70 Concrete Finisher-Structures $ 13.44 Flagger $ 7.00 Form Builder-Structures $ 13.44 Form Setter-Paving &Curbs $ 10.25 Form Setter-Structures $ 9.75 Laborer-Common $ 7.64 Laborer-Utility $ 8.64 Mechanic $ 13.25 Servicer $ 10.13 Pipe Layer $ 7.35 Pipe Layer Helper $ 6.75 Asphalt Distributor Operator $ 11.45 Asphalt Paving Machine Operator $ 11.09 Concrete Paving Saw $ 10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $ 10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (> 1 1/2 CY) $ 11.52 Front End Loader(21/2 CY&less) $ 9.94 Front End Loader(over 2 1/2 CY) $ 9.32 Milling Machine Operator $ 8.00 Mixer $ 11.00 Motor Grader Operator(Fine Grade) $ 12.31 Motor Grader Operator $ 13.75 Pavement Marking Machine $ 11.00 Roller, Steel Wheel Plant-Mix Pavements $ 9.88 Roller, Steel Wheel Other Flatwheel or Tamping $ 12.12 Roller, Pneumatic, Self-Propelled Scraper $ 8.02 Traveling Mixer $ 10.00 Reinforcing Steel Setter(Paving) $ 9.75 Truck Driver-Single Axle (Light) $ 8.00 Truck Driver-Tandem Axle Semi-Trailer $ 10.22 Truck Driver-Lowboy/Float $ 10.54 Truck Driver-Transit Mix $ 10.63 Truck Driver-Winch $ 9.80 W LA98065.00 2(1) , 4 , SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) WLA98065.00 SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 1. PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be pre- qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidders' 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. (1) 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 of 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. (2) 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. (3) 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. (4) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (5) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (6) Any proposals submitted by a non-pre-qualified bidder shall be returned unopened, and if inadvertently opened,shall not be considered. (7) 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 pre-qualification. 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 percent(5%)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 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. 3. BONDS: A Performance bond, a payment bond, and a maintenance bond each for one hundred percent(100%)of the contract price will be required, Reference C3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. W LA98065.00 4(1) SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) 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 6018,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 is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. 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 contract amount is$25,000 or less,the contract amount shall be paid within forty-five (45) calendar days after completion and acceptance by the OWNER. 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 basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants,or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 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 party or subcontractor 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 (RADA c@),Contractor warrants that it,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 WLA98065.00 4(2) SPECIAL INSTRUCTIONS TO BIDDERS (WATER DEPARTMENT) harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractor's alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this agreement. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance No. 11923, 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, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation', as appropriate. The Documentation must be received no later than 5:00 p.m.,five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE)and/or a Women Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or 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 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. 9/ /9 Revised s 4 7 WLA98065.00 4(3) w r 4 w 5 w SPECIAL INSTRUCTIONS TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) r r r e ■ WLA98065.00 SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) • 1. PRE-QUALIFICATION REQUIREMENTS: All contractors submitting bids are required to be pre- qualified by the Fort Worth Water Department prior to submitting bids. This pre-qualification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. It is the bidders' 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. (1) 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 of 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. (2) 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. (3) 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. (4) Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. (5) The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. (6) Any proposals submitted by a non-pre-qualified bidder shall be returned unopened, and if inadvertently opened,shall not be considered. (7) 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 pre-qualification. 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 percent(5%)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 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. 3. BONDS: A Performance bond, a payment bond, and a maintenance bond each for one hundred percent(100%) of the contract price will be required, Reference C3-3.7. 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth,Texas, and as set forth in the Contract Documents must be paid on this project. WLA98065.00 5(1) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) 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. { T. NONRESIDENT BIDDERS: Pursuant to Article 6018,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 is located. "Nonresident bidder" means a bidder whose principal place of business is not in the State of Texas, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in the State of Texas. 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 contract amount is$25,000 or less,the contract amount shall be paid within forty-five (45)calendar days after completion and acceptance by the OWNER. 9. AGE: In accordance with the policy("Policy's 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 basis .� of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants,or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. 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 party or subcontractor 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 (AADA@),Contractor warrants that it, 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 subcontractor's alleged failure to comply with the above referenced Policy concerning disability discrimination in the performance of this agreement. WL A98065.00 5(2) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accordance with the City of Fort Worth Ordinance No. 11923, 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 MIWBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, and/or the GOOD FAITH EFFORT FORM ("Documentation"), as appropriate. The Documentation must be received no later than 5:00 p.m.,five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid • non-responsive. Upon request,Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise(MBE)and/or a Women Business Enterprise (WBE) on the contract and payment therefore. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent • misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or 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 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. Revised 9/4/97 WLA98065.00 5(3) R r ■ R r 6 - MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS s r w w 4 a w w WLA98065.00 c` ^s D F?' 1 F HMENT 1A'' DEFT OF Pagel of 2 Fw t�N� cilyofFortWortn lafh*10nd Women usiness Enterprise Specifications '00 �flY y P�112 36 MBE/WBE UTILIZATION '0G (7ffY ' 2* ' PM 9 55 PRIME COMPANY NA�+E 810 DATE _ 4>�waptrzRv * Mwo�.I� Sr C:%V-1s 550� PROJECT NAME PROJECT NUMBER 01 CITY's wwBE PROJECT GOAL: <11kiM/WBE PERCENTAGE ACHIEVED: Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department ion 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 bidder agrees to enter into a formal agreement with the MBE and/or WBE firms for work rk listed in this schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional=and/or knowing Imisrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to specifications. Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work{•) Supplied(') Z.;. v O C m 4- r x 2 14L rc w MA1VBEs must be located in the 9(nine)county marketplace or currently doing business in the marketplace at the time of bid. M Specify all areas in which MWBE's are to be utilized and/or items to be supplied: (') A complete listing of items to be supplied is required in order to receive credit toward the MAYBE goal (")Identify each Tier level. Tier:Means the level of subcontncting below the prime contractor/eonsultant,i.e.,a direct paymen� from the prime contractor to a subcontractor is considered 1"tier,a payment by a subcontractor to its supplier is considered 2"'tier. THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5) CITY BUSINESS DAYS AFTER 810 ^Mn LJl\V^ avr-1 I PIG-rUC Orn nccvi►!r_nA f ATTACHMENT 1A Page 2 of 2 Ci of Fort Worth Minority and Women Business Enterprise Specifications MBE/WBE UTILIZATION Company Name,Contact Name, Certified Specify All Contracting Specify All Items to be Dollar Amount Address,and Telephone No. Scope of Work(') < Supplied(') �� v pp or U � HF- Z I I rhe bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and/or WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that Irwill substantiate the actual work performed by the MBE(s) and/or WBE(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, tate or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1)year. ALL MBE and WBEs MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Authdrized Signature Printed Signature 1 'Title Contact Name and Title (if different) A �-�- J Fompany Name Telephone Number(s) — 166-7 -4AREDWILA LZE eS1-7=2k1-45Q44 i "Address Fax Number Lf\ Mkv 1. ;)w!�C\ yCitylState/Zip Code Date j, THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Rev.512/98 Qarc� 1 •�ni1 9 of �M.f.. ........• �A e....e.• 1.... .�_-.---� .-__ .�_ u___�z._- .. - 7 - PROPOSAL WLA98065.00 w UNIT 1: WATER AND SANITARY SEWER IMPROVEMENTS Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid SECTION A-WATER IMPROVEMENTS Furnish and install,including all appurtenant work,complete in place,the following items: 1 36 LF 6-Inch Water Main Dollars w and Z 5! Cents per LF $ 1• %Q $ SCO 2 1,135 LF 8-Inch Water Main Dollars and F-Oe—�, Cents per LF $ Q9.50 . $ M 3 1 EA 6-Inch Gate Valve and Box :SyEmys lry Dollars and K� Cents per EA $ -75.W $ AISCNO 4 3 EA 8-Inch Gate Valve and Box In1 ■ 1k nk � Lwzz n k--i C rlVo—:7 Dollars ,�v� and � Cents per EA $ �00 $ ( 5 2 TN Cast/Ductile Iron Fitting JAU JLbQ G) S 1 O-V rr'' Dollars and l CentsperTN $ $ 1W 6 20 EA 1-Inch Water Service Taps to Main (Single Tap) h(— 1 Dollars and Cents per EA $ 5 .60 $ LWO.00 WLA98065.00 7(1) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 7 1 EA 1-Inch Bullhead Water Service Tap to Main b `LC�TT--CIS f Dollars and 46 Cents per EA $ 3 VS 15 8 1 EA Class"C" Meter Box Dollars and KJ�N Cents per EA $ Q l b• $ Q10-06 9 750 LF 1-Inch Copper Water Service Replacement Dollars and Cents per LF $ $ �75•60 10 20 EA Class"A" Meter Box Replacement(For Single Service) l f Dollars and qCs Cents per EA $ 11 1 EA Water Meter Box Relocation T� Map I tE4 Dollars �1 and 6, Cents per EA $ ( $ d��®•� 12 1 EA 2-Inch Service Replacement Tap to Main �t GNT�ri0'RC.D -Fq EF— Dollars and Cents per EA $ 4 $ $�=� s r WLA98065.00 7(2) " Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 13 50 LF 2-Inch Type K Copper Service Tl_, (21Kc- Dollars and hk� Cents per LF $ of 1.6d $ IMO •� 14 2 EA Class"B" Meter Box Replacement(For Single Meter) I r o�6KD'��Ol c-rE � 'A Dollars and N3J Cents per EA $ $ 15 1 EA 1 1/2-Inch Domestic Type K Copper Service R Tap Dollars and Cents per EA $ $ L30,06 16 50 LF 1 1/2-Inch Domestic Type K Copper Service Dollars ` and Gents per LF $ al . $ Inso. 17 75 LF 3/4-Inch Domestic Type K Copper Service in private property, by Licensed Plumber Dollars and � Cents per LF $ •C(�) $ ,S7'S -NO 18 1 EA Fire Hydrant(Over 3' 6" Bury) �►� Au 1 Fiyr-- F UµQRI��I / Dollars R� and Kr'_3 Cents per EA $ b-�$ 1 4z- WLA98065.00 7(3) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 19 1 VF Fire HydrantBarrelExtension Dollars and Cents per VF $ b- $ AQ/) 20 1 EA Remove and Salvage Existing Fire Hydrant Dollars and 1 Cents per EA $ 21 10 CY Class"B" (2,500 psi) Concrete for Miscellaneous Placement and encasement, Furnish and Install Complete in Place Dollars and Cents per CY $ $ 22 10 CY Class"E" (1,500 psi) Concrete for Miscellaneous Placement and Encasement, Furnish and Install Complete in Place Dollars and Cents per CY $ L.5-CC) $ 40.50•GO 23 10 CY Ballast Stone for Miscellaneous Placement as Directed by Engineer Dollars ry and Cents per CY $ $ Q16.00 " WLA98065.00 7(4) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 24 20 CY Crushed Limestone for Miscellaneous Placement Dollars and uk. _Cents per CY $ t. d $ 4ao - 25 100 LF HMAC Permanent Pavement Repair Per Figure 4 __ Dollars and kcl Cents per LF $ M-CO . X700.00 26 1,900 LF Temporary HMAC Pavement Repair Per Figure"A" 11: Dollars and w1 Vj-q Cents per LF $ L-30 $ 119-7o. 27 50 CY Permanent Pavement Repair Per Figure 1; as Directed by Engineer �FF Dollars l and [`t L> Cents per CY $ tx), $ G t 28 1 LS Finish and Lay 2-Inch Pipe and Fittings for Temporary Water Service Connections Dollars and Cents per LS $ $ SUBTOTAL- UNIT 1, SECTION A $ • �J ................................................................................................. WLA98065.00 7(5) 4 Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid SECTION B-SEWER IMPROVEMENTS Furnish and install,including all appurtenant work,complete in place,the following items: 1 215 LF 6-Inch Sanitary Sewer Pipe (All Depths) 1'bfttuC� l9r�G Dollars and ft KY Obsk< Cents per LF $ 3k- 2 50 LF 4-Inch PVC Sanitary Sewer Pipe Dollars and Cents per LF $ 3 3 EA 4-Inch Sanitary Sewer Tap a�lM1�t Dollars and FtCc-� Cents per EA $FA 4 1 EA Standard 4'Diameter Shallow Manhole e�•c� 'Z�.s�wOP,rC� F"S Dollars and czCents per EA $ `SAO oo $ ',5 5 1 EA Standard 4' Diameter Manhole Dollars and r;-� Cents per EA $ 6 1 EA Watertight Gasketed Manhole Insert Dollars and Cents per EA $ WLA98065.00 7(6) s Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 7 1 EA Concrete Manhole Collar Dollars and rye per Ea $ $ akIft;�' 8 1 EA Remove Existing Sanitary Sewer Manhole e�t� Dollars and Cents per EA $ s'�" $ 5 •m 9 215 LF Post Television Inspection of SS Pipe Dollars and Cents perms $ �'ag $ �p Z)-5 10 1 EA Vacuum Testing of SS Manhole Dollars and . Cents per EA $ 11 5 CY Ba!last Stone for Miscellaneous Placement as Directed by Engineer Dollars and r►zz:b Cents per CY $ 'm $ 12 5 CY Crushed Limestone for Miscellaneous Placement as Directed by Engineer Dollars and Cents per CY $ WLA98065.00 7(7) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 13 100 LF Temporary Pavement Repair per Figure"B" Dollars and Cents per LF $ $' $ 14 215 LF Trench Safety(Depths>5), as Directed by Engineer Dollars and Cents per LF $ S $ a a S �S SUBTOTAL- UNIT 1, SECTION B WLA98065.00 7(8) UNIT II: PAVING AND STORM DRAINAGE IMPROVEMENTS Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid SECTION A-Paving and Drainage Rehabilitation Improvements Furnish and install, including all appurtenant work, complete in place,the following items: 1 3,230 CY Unclassified Street Excavation Dollars and Cents per CY $ ° 3y $ 2 920 LF Demolish and Remove Reinforced Concrete Curb and Gutter Dollars and Cents per LF $ a"3 $ a 1�• z� 3 1,575 SF Demolish and Remove 7-inch Reinforced Concrete Valley Gutter %--<ca Dollars and s=gaLi&� Cents per SF $ ' $ 4 3,370 SF Demolish and Remove Reinforced Concrete Driveway, Sidewalk, Leadwalk, Steps, and Wheelchair Ramp NQ Dollars S-1 and F.rfi2 s--v:� Cents per SE $ - $ 5 100 LF Remove Existing 6-foot Chainlink Fence,see Sheet 12 of 14 V�- tt� Dollars and Cents per LF $ �',s $ WLA98065.00 7(9) Pay Approx. Description of Items with Bid Prices ., Item Qty. Unit Written in Words Unit Price Amount Bid 6 2 EA Re-move Existing Standard 10-Foot Storm Inlet Dollars and � Cents per EA $ $ Vz o 7 8,300 SY 3-inch HMAC Surface Course(Type"D"Mix) Dollars and tJ-,rC Cents per SY $ $'�� $ 8 8,300 SY 8-inch Pulverization Base-Cement Stabilized (5%Total Weight) Dollars and �gi��Cents per SY $ 9 170 TN Cement Dollars and Cents per TN $ 10 4,230 LF Construct 7-inch Concrete Curti and Gutter Dollars and 5 f—_ Cents per LF $ $ 11 4,600 SF Construct 6-inch Reinforced Concrete Driveways Tt-'n'�9EF Dollars and '�3 L�Qg!�—__ Cents per SF $ $ q a' WLA98065.00 7(10) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 12 2,900 SF Construct 4-Inch Reinforced Concrete Sidewalks, Leadwalks, and Wheelchair Ramps Dollars and Cents per SF 13 2,250 SF Construct 7-inch Concrete Valley Gutter Ty%,(Zc c Dollars and c �,�Cents per SF $ 3•�� $ %-13�g 14 100 LF Replacement of 6-foot Chainlink Fence to Property Line as Directed by Engineer(See Sheet 12 of 14) Dollars and a Cents per LF 15 24 CY Concrete Fence Header for 6-foot Chainlink Fence, as Directed by Engineer Dollars and to Cents per CY $ 16 2 EA Water Valve Boxes Adjustment Three Hundred Dollars, and Zero Cents per EA $ 300.00 $ 600.00 WLA98065.00 7(11) Pay Approx. Description of Items with Bid Prices Ite�� ^ty. Ll��it VVrtten in Words Unit Price Amount Bid 17 21 EA Water Meter Boxes Adjustment thirtv-five Dollars and Zero Cents per EA $ 35.00 $ 735.00 18 2 EA Adjust Manhole Rim to New Pavement Grade Three Hundred Fifty Dollars and Zero Cents per EA $ 350.00 $ 700.00 19 150 CY 6-inches Compacted Parkway Top Soil Eleven Dollars and Zero Cents per CY $ 11.00 $ 1.650.00 20 2 EA Mail Box Removal and Replacement(See Sheet 8 of 14) Dollars and nt a Cents per EA $ 21 4 EA Project Destination Sign Dollars and a Cents per EA $ 22 1 LS Utility Adjustments Eight Thousand Dollars and Zero Cents per LS $ 8.000.00 $ 8.000.00 WLA98065.00 7(12) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Written in Words Unit Price Amount Bid 23 102 LF Install 24-inch Reinforced Concrete Pipe Dollars � 'w.Cd and .-3 a Cents per LF $ 3�• $ '� 24 25 CY Trench Excavation and Backfill as Per Item 402 Public Works Dept. Specification Rv� Dollars and Cents per CY $ S •�S $ �3� 25 2 EA Construct Standard 10-foot Storm Inlet Dollars and ^j 4 Cents per EA $ -Ts 26 125 LF Silicone Joint Sealant -� Dollars and -i�� s _Cents per LF $ �- 'a-� $ Sam• 5 Syy 27 50 .Qrf 6-inch Flex Base for the driveways Transition as Directed by Engineer Dollars and rs o Cents per CY $ 28 100 LF 6-Inch Subdrain Pipe, as Directed by Engineer Tielf Dollars and Ac-j1aNN Fj yZ Cents per LF $ �c $ WLA98065.00 7(13) Pay Approx. Description of Items with Bid Prices Item Qty. Unit Wrtftte�� in:"JoMs Unit Price Amount Bid 29 50 LF Trench Safety (Depths>5), as Directed by Engineer Dollars and Cents per LF $ 30 160 TN 7-Inch HMAC Pavement Transition Dollars and No Cents per TN $ 3 R'm $ r SUBTOTAL- UNIT II, SECTION A ................................................................................................. A I� I" A 1 WLA98065.00 7(14) ESTIMATE SUMMARY SUBTOTAL- UNIT I: SECTION 'A'-WATER $ $q 60 • So SECTION 'B'- SANITARY SEWER $ kA TOTAL UNIT 1 110 SUBTOTAL- UNIT II: PAVING AND DRAINING TOTAL UNIT II n V"L 3 GRAND TOTAL UNIT I+UNIT II: $ 7 ' W LA98065.00 7(15) PART 7- PROPOSAL(Continued) Within ten (10) days of notification from the City, the undersigned will execute the formal contract and will deliver an approved surety bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid surety, in the amount of 5% of the total amount bid, 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 w delay and additional work caused,thereby. The undersigned bidder, certified that he has been furnished at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency, in either furnishing or referring employee applicants to the undersigned, are not discriminated against as prohibited by terms of City Ordinance No. 7278 as amended by City Ordinance No.7400. i The Bidder agrees to begin construction 10 working days after issue of the work order, and to complete construction within 120 working days as set forth in the written work order to be furnished by the Owner. b (Complete A or B below, as applicable) [ ] A. The principal place of business of our company is in the State of w [ ] Non-resident 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. [ ] Non-resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. [v� B. The principal place of business of our company, our parent company, or majority owner, is in the State of Texas. A Receipt is acknowledged of the following Addenda: Addendum No. 1 Addendum No. 2 Addendum No. 3 (SEAL) If Bidder Corporation Respectfully Submitted, J. L BERTRAM CO STRUCTION &ENGINEERING,INC. B . ■ Title: �!'�a'�•� � _ Address: 1luw .A ` . ;N AYE - ' TEXAS 176011 W LA98065.00 7(16) 4 _ g _ GENERAL CONDITIONS (WATER DEPARTMENT) WLA98065.00 s GENERAL CONDITIONS (WATER DEPARTMENT) R t • ■ 7 Unit I PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS C1-1 DEFINITIONS C1-1.1 Definition of Terms C1-1 (1) C1-1.2 Contract Documents C1-1 (1) C1-1.3 Notice to Bidders C1-1 (2) C1-1.4 Proposal C1-1 (2) C1-1.5 Bidder C1-1 (2) C1-1. 6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2) C1-1.8 Specifications C1-1 (2) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 (3) C1-1.13 City Council Cl-1 (3 ) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager C1-1 (3) C1-1.16 City Attorney C1-1 (3) C1-1.17 Director of Public Works C1-1 (4 ) C1-1.18 Director, City Water Department C1-1 (4 ) C1-1.19 Engineer C1-1 (4) C1-1.20 Contractor C1-1 (4) C1-1.21 Sureties C1-1 (4 ) C1-1. 22 The Work or Project C1-1 (4) C1-1.23 Working Day C1-1 (4) C1-1.24 Calendar Day C1-1 (4) C1-1. 25 Legal Holiday C1-1 (4) C1-1.26 Abbreviations C1-1 (5) C1-1. 27 Change Order C1-1 (6 ) C1-1.28 Paved Streets and Alleys C1-1 (6 ) C1-1.29 Unpaved Streets. and Alleys 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 Provisions C4-4 (1) C4-4. 3 Increased or Decreased Quantities C4-4 (1) C4-4.4 Alteration of Contract Documents C4-4 (2) C4-4.5 Extra Work C4-4 (2) C4-4. 6 Schedule of Operations C4-4 (3) C4-4.7 Progress Schedules for Water and Sewer Plant Facilities C4-4 (4) C5-5 CONTROL OF WORK AND MATERIALS C5-5.1 Authority of Engineer CS-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) CS-5.5 Emergency and/or Rectification Work C5-5 (3 ) C5-5. 6 Fidld Office CS-5 (3 ) C5-5.7 Construction Stakes C5-5 (3) C5-5.8 Authority and Duties of Inspectors C5-5 (4 ) C5-5.9 Inspection C5-5 (5) CS-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 CS-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 CS-5 (8) CS-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 Qperations 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 ) CS-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8.2 Unit Prices C8-8 (1) (3 ) Roo C8-8.3 Lump Sum C8-8 (1) C8-8.4 Scope of Payment CS-8 (1 ) C8-8.5 Partial Estimates and Retainage C8-8 (2) C8-8.6 Withholding Payment C8-8 (3 ) CS-8.7 Final Acceptance C8-8 (3 ) C8-8. 8 Final Payment C8-8 (3) CS-8. 9 Adquacy of Design C8-8 (4 ) C8-8.10 General Guaranty C8-8 (4) CS-8.11 Subsidiary Work C8-8 (5 ) C8-8.12 Miscellaneous Placement of Material C8-8 (5) CS-8.13 Record Documents C8-8 (5 ) (4) r 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: CI-1. 2 CONTRACT DOCUMENTS: The Contract Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents. a. GENERAL CONTRACT DOCUMENTS: The General Contract Documents govern all Water Department Projects and include the following items: PART A - NOTICE TO BIDDERS (Sample) White PART B - PROPOSAL (Sample) White PART C - GENERAL CONDITIONS (CITY) Canary Yellow (Developer) Brown PART D - SPECIAL CONDITIONS Green PART E - SPECIFICATIONS E1-White E2-Golden Rod E2A-White PERMITS/EASEMENTS Blue PART F - BONDS (Sample) White PART G - CONTRACT (Sample) White b. SPECIAL CONTRACT DOCUMENTS : The Special Contract Documents are prepared for each specific project as a supplement to the General Contract Documents and include the following items: PART A - NOTICE TO BIDDERS (Advertisement) Same as above PART B - PROPOSAL (Bid) PART C - GENERAL CONDITIONS PART D - SPECIAL CONDITIONS PART E - SPECIFICATIONS PERMITS/EASEMENTS PART F - BONDS PART G - CONTRACT PART H - PLANS (Usually bound separately) C1-1 (1 ) C1-1 . 3 NOTICE TO BIDDERS : All of the legal publications either actually published in public advertising mediums or furnished direct to interested parties pertaining to the work contemplated under the Contract Documents constitutes the notice to bidders. C1-1 . 4 PROPOSAL: The completed written and signed offer or tender of a bidder to perform the work which the Owner desires to have done, together with the bid security, constitutes the Proposal , which becomes binding upon the Bidder when it is officially received by the Owner, has been publicly opened and read and not rejected by the Owner. C1-1 . 5 BIDDER: Any person , persons , firm, partnership, company, association, corporation, acting directly or through a duly authorized representative, submitting a proposal for performing the work contemplated under the Contract Documents , constitutes a bidder. C1-1 . 6 GENERAL CONDITIONS: The General Conditions are the usual construction and contract requirements which govern the performance of the work so that it will be carried on in accordance with the customary procedure, the local statutes , and requirements of the City of Port Worth ' s charter and promulgated ordinances. Wherever there may be a conflict between the General Conditions and Special Conditions , the latter shall take precedence and shall govern. C1-1 . 7 SPECIAL CONDITIONS : Special conditions are the specific requirements which are necessary for the particular project covered by the Contract Documents and not specifically covered in the General Conditions. When considered with the General Conditions and other elements of the Contract Documents they provide the information which the Contractor and Owner should have in order to gain a thorough knowledge of the project. C1-1 . 8 SPECIFICATIONS: The Specifications is that section or part of the Contract Documents which sets forth in detail the requirements which must be met by all materials, construction, workmanship , equipment and services in order to render a completed and useful project. Whenever reference is made to standard specifications, regulations, requirements , statutes , etc. , such referred to documents shall become a part of the Contract Documents just as though they were embodied therein. C1-1 . 9 BOND: The bond or bonds are the written guarantee or security furnished by the Contractor for the prompt and C1-1 (2) } faithful performance of the contract and include the following: a. Performance Bond (see paragraph C3-3 .7 ) b. Payment Bond (see paragraph C3-3.7) C. Maintenance Bond (see paragraph C3-3.7) d. Proposal or Bid Security (see Special Instructions to Bidders, Part A and C2-2.6 ) C1-1 . 10 CONTRACT: The Contract is the formal signed agreement between the Owner and the Contractor covering the mutual understanding of the two contracting parties about the project to be completed under the Contract Documents. C1-1. 11 PLANS: The plans are the drawings or reproductions therefrom made by the Owner' s representative showing in detail the location, dimension and position of the various elements of the project , including such profiles , typical cross-sections, layout diagrams, working drawings, preliminary drawings and such supplemental drawings as the Owner may issue to clarify other drawings or for the purpose of showing changes in the work hereinafter authorized by the Owner . The plans are usually bound separately from other parts of the Contract Documents , but they are a part of the Contract Documents just as though they were bound therein. C1-1 . 12 CITY: The City of Fort Worth , Texas , a municipal corporation, authorized and chartered under the Texas State Statutes , acting by and through its governing body or its City Manger , each of which is required by charter to perform specific duties . Responsibility for final enforcement of Contracts involving the City of Fort Worth is by Charter vested in the City Manager. The terms City and Owner are synonymous. C1-1 . 13 CITY COUNCIL : The duly elected and qualified governing body of the City of Fort Worth, Texas. C1-1 . 14 MAYOR: The officially elected Mayor , or in his absence, the Mayor Pro tem of the City of Fort Worth, Texas. C1-1. 15 CITY MANAGER: The officially appointed and authorized City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized representative. M C1-1 (3 ) C1-1 . 17 DIRECTOR OF PUBLIC WORKS: The duly appointed official of the City of Fort Worth, referred to in the Charter as the City Engineer, or his duly authorized representative. C1-1 . 18 DIRECTOR, CITY WATER DEPARTMENT: The duly appointed Director of the City Water Department of the City of Fort Worth , Texas , or his duly authorized representative , assistant, or agents. C1-1 . 19 ENGINEER: The Director of Public Works, the Director of the Fort Worth City Water Department , or their duly authorized assistants , agents , engineers , inspectors , or superintendents, acting within the scope of the particular duties entrusted to them. C1-1 . 20 CONTRACTOR: The person , persons , partnership , company, firm, association, or corporation , entering into a contract with the Owner for the execution of the work, acting directly or through a duly authorized representative. A sub-contractor is a person, firm, corporation, or others under contract with the principal contractor , supplying labor and materials or only labor, for work at the site of the project. C1-1. 21 SURETIES: The Corporate bodies which are bound by such bonds are required with and for the Contractor . The sureties engaged are to be fully responsible for the entire and satisfactory fulfillment of the Contract and for any and all requirements as set forth in the Contract Documents and approved changes therein. C1-1. 22 THE WORK OR PROJECT: The completed work contemplated in and covered by the Contract Documents , including but not limited to the furnishing of all labor , materials , tools , equipment, and incidentals necessary to produce a completed and serviceable project. C1-1. 23 WORKING DAY: A working day is defined as a calendar ay, not incl- ing 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: Cl-1 (4 ) 1. New Year ' s Day January 1 2. M. L. Ring, Jr. Birthday. Third Monday in January 3. Memorial Day Last Monday in May 4. Independence Day July 4 5. Labor Day First Monday in September 6. Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council, falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS : Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L.F. - Linear Foot D.I. - Ductile Iron C1-1 (5 ) 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 requi;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: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized. If a proposal is submitted by a company or corporation, the company or corporate name and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and 4 submitted with the proposal. C2-2. 5 REJECTION OF PROPOSA:.S: Proposals may be rejected if they show any alteration of vords or figures, additions not called for , conditional o: uncalled for alternate bids , incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or g delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2 . 5 BID SECURITY: No proposal will be considered unless it is accompanied by a "Proposal Security" of the character and in the amount indicated in the "Notice to Bidders " and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3 ) C2-2 . 7 DELIVERY OF PROPOSAL: No proposal will be considered unless it is delivered, accompanied by its proper Bid Security, to the City Manager or his representative in the official place of business as set forth in the "Notice to Bidders . " It is the Bidder ' s sole responsibility to deliver the proposal at the proper time to the proper place. The mere fact that a --proposal was dispatched will not be considered. The Bidder must_ have the proposal actually delivered. Each proposal shall be in a sealed envelope plainly marked with the word "PROPOSAL," and the name -or description of the project as designated in the "Notice to Bidders. " The envelope shall be addressed to the City Manager, City Hall, Fort Worth, Texas. C2-2 . 8 WITHDRAWING PROPOSALS: Proposals actually filed with the City Manager cannot be withdrawn prior to the time set for opening proposals . A request for non-consideration of a proposal must be made in writing , addressed to the City Manager , and filed with him prior to the time set for the opening of proposals. After all proposals not requested for non-consideration -are opened and publicly read aloud, the proposals for which non-consideration requests have been properly filed may, at the option of the Owner , be returned unopened. C2-2. 9 TELEGRAPHIC MODIFICATION OF PROPOSALS: Any bidder may modify his proposal by telegraphic communication at any time prior to the time set for opening proposals , provided such telegraphic communication is received by the City Manager prior to the said proposal opening time, and provided further, that the City Manager. is satisfied that a written and duly authenticated confirmation of such telegraphic communication over the signature of the bidder was mailed prior to the proposal opening time. If such confirmation is not received within forty-eight (48) hours after the proposal opening time, no further consideration will be given to the proposal. C2-2 . 10 PUBLIC OPENING OF PROPOSAL: Proposals which have been properly filed and for which no "Non-consideration Request" has been received will be publicly opened and read aloud by the City Manager or his authorized representative at the time and place indicated in the "Notice to Bidders. " All proposals which have been opened and read will remain on file with the Owner until the contract has been awarded_ Bidders or their authorized representatives are invited to be present for the opening of bids. C2-2. 11 IRREGULAR PROPOSALS: Proposals shall be considered as being "Irregular" if they show any omissions , alterations of form, additions , or conditions not called for , unauthorized alternate bids, or irregularities of any kind. However, the C2-2(4) Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2-2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among ,. bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having perforined a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement, experience record, equipment schedule , and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion ~ of additional work if awarded. h. The bidder not filing with the Owner, one week in advance of the. hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3 . An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(5 ) PART C - GENERAL CONDITIONS C3-3 AWARD AND EXECUTION OF DOCUMENTS SECTION C3-3 AWARD AND EXECUTION OF DOCUMENTS: C3-3 . 1 CONSIDERATION OF PROPOSALS: After proposals have been opened and read aloud, the proposals will be tabulated on the basis of the quoted prices , the quantities shown in the proposal , and the application of such formulas or other methods of bringing items to a common basis as may be established in the Contract Documents. 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 ) ly 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 north ' 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 a 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. 0-3 . 6 RETURN OF - PROPOSAL SECURITIES: As soon as proposed price totals have been determined or comparison of bids , the Owner may, at its discretion, return the proposal security which accompanied the proposals which, in its judgment , would not be considered for the award. All other proposal securities, usually those of the three lowest bidders , will be retained by the Owner until the required contract has been executed and bond furnished or the Owner has otherwise disposed of the bids, after which they will be returned by the City Secretary. C3-3 . 7 BONDS: With the execution and delivery of the Contract Documents, the Contractor shall furnish to, and file with the Owner in the amounts herein required, the following bonds: a. PERFORMANCE BOND : A good and sufficient performance bond in an amount not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise , guaranteeing the full and faithful execution of the work and performance of the contract, and for the protection of the Owner and all other persons against damage by reason of negligence of the Contractor , or improper execution of the work or the use of inferior materials . This performance C3-3 (2 ) bond shall guarantee the payment for all labor , materials, equipment, supplies , and services used in the construction of the work, and shall remain in full force and effect until provisions as above stipulated are accomplished and final payment is made on the project by the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. w 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 otherw_se, guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160 , , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of the work provided for in the contract being constructed under these specifications . Payment Bond shall remain in force until all payments as above stipulated are made. d. OTHER BONDS: Such other bonds as may be required by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas , and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current D . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount -shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) new surety satisfactory to the Owner. No payment will be made under the contract until the new surety or sureties , as required, have qualified and have been accepted by the Owner. The contract shall not be operative nor will any payments be due or paid until approval of the bonds by the Owner. C3-3 . 8 EXECUTION OF CONTRACT: Within ten (10) days after the Owner has by appropriate resolution, or otherwise, awarded the contract, the Contractor shall execute and file with the Owner the Contract and such bonds as may be required in the Contract Documents. No contract shall be binding upon the owner until it has been attested by the City Secretary, approved as to form and legality by the City Attorney, and executed for the Owner by either the Mayor or City Manager. C3-3 . 9 FAILURL TO EXECUTE CONTRACT: The failure of the Awardee to execute the required bond or bonds or to sign the required contract within ten (10 ) days after the contract is awarded shall be considered by the Owner as an abandonment of his proposal, and the Owner may annul the Award. By reason of the uncertainty of the market prices of material and labor, and it being impracticable and difficult to accurately determine the amount of damages occuring to the Owner by reason of said awardee ' s failure to execute said bonds and contract within ten ( 10 ) days , the proposal security accompanying the proposal shall be the agreed amount of damages which Owner will suffer by reason of such failure on the part of the Awardee and shall thereupon immediately be forfeited to the Owner. The filing of a proposal will be considered as an acceptance of this provision by the Bidder. C3-3 . 10 BEGINNING WORK: The Contractor . shall not commence work until authorize in writing to do so by the Owner . Should the Contractor fail to commence work at the site of the project within the time stipulated in the written authorization usually termed the "Work Order" or "Proceed Order", it is agreed that the Surety Company will , within ten ( 10 ) days after the commencement date set forth in such written authorization, commence the physical execution of the contract. C3-3 . 11 INSURANCE: The Contractor shall not commence work under this contract until he has obtained all the insurance required under the Contract Documents, and such insurance has been approved by the Owner . The prime Contractor shall be responsible for delivering to the Owner the sub-contractors ' C3-3 (4 ) certificate of insurance for approval. The prime contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his insurance covers sub-contractors . It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all sub-contractors. a. COMPENSATION INSURANCE : The Contractor shall maintain , during the life of this contract , Workers ' Compensation Insurance on all of his employees to be engaged in work on the project under this contract, and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workers ' Compensation Statute, the Contractor shall provide adequate employer ' s general liability insurance for the protection of such of his employees not so protected. b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract Contractor ' s Comprehensive General Liability Insurance (Public Liability and Property Damage Insurance ) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $500 , 000 covering each occurrence on account of property w damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY : The Contractor shall , furnish insurance as separate policies or by additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and property damage, the following insurance: 1. Contingent Liability ( covers General Contractor ' s Liability for acts of sub-contractors) . 2. Blasting, prior to any blasting being done. 3. Collapse of buildings or structures adjacent to excavation ( if excavations are to be performed adjacent to same) . 4. Damage to underground utilities for $500, 000. C3-3 (5) 5. Builder 's risk (where above-ground structures are involved) . 6. Contractual Liability ( covers all indemnification requirements of Contract) . d. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY a DAMAGE: The Contractor shall procure and maintain, during the life of this Contract, Comprehensive Automobile Liability insurance in an amount not less than $ 250 , 0*00 for injuries including accidental death to any one person and subject to the same limit for each person an amount not less than $500 , 000 on account of one accident , and automobile property damage insurance in an amount not less than $100,000. e. SCOPE OF INSURANCE AND SPECIAL HAZARD : The insurance required under the above paragraphs shall provide adequate protection for the Contractor and his sub-contractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the following special hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the Owner with satisfactory proof of coverage by insurance required in these Contract Documents in amounts and by carriers satisfactory to the Owner . ( Sample attached. ) All insurance requirements made upon the Contractor shall apply to the sub- contractor , should the Prime Contractor ' s insurance not cover the sub-contractor's work operations. g. LOCAL AGENT FOR INSURANCE AND BONDING : The insurance and bond ng companies with whom the Contractor ' s insurance and performance, payment, maintenance and all such other bonds are written shall be represented by an agent or agents having an office located within the city limits of the C3-3 (6) Y City of Fort Worth, Tarrant County, Texas . Each such agent shall be a duly qualified, one upon whom service of process may be had , and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with the City of Fort Worth , or any other claimant, any claims that the City of Fort Worth or other claimant or any property owner who has been damaged , may have against the Contractor , insurance, and/or bonding company. If the local insurance representative is not so empowered by the insurance or bonding companies, then such authority must be vested in a local agent or claims officer residing in the Metroplex, the Fort Worth-Dallas area. The name of the agent or agents shall be set forth on all of such bonds and certificates of insurance. C3-3 . 12 CONTRACTOR ' S OBLIGATIONS: Under the Contract, the Contractor shall pay for all materials , labor and services when due. C3-3 . 13 WEEKLY PAYROLL: A certified copy of each payroll covering payment of wages to all person engaged in work on the project at the site of the project shall be furnished to the Owner ' s representative within seven ( 7 ) days after the close of each payroll period. A copy or copies of the applicable minimum wage rates as set forth in the Contract Documents shall be kept posted in a conspicuous place at the site of the project at all times during the course of the Contract . Copies of the wage rates will be furnished the Contractor, by the Owner; however, posting and protection of the wage rates shall be the responsibility of the Contractor. C3-3 . 14 CONTRACTOR'S CONTRACT ADMINISTRATION: Any Contractor, whether a person , persons , partnership , company , firm , association , corporation or other who is approved to do business with and enters into a contract with the City for construction of water and/or sanitary sewer facilities, will have or shall establish a fully operational business office within the Fort Worth-Dallas metropolitan area . The Contractor shall charge, delegate, or assign this office ( or he may delegate his project Superintendent ) with full authority to transact all business actions required in the performance of the Contract. This local authority shall be made responsible to act for the Contractor in all matters pertaining to the work governed by the Contract whether it be administrative or otherwise and as such shall be empowered, thus delegated and directed, to settle all material, labor or other expenditures, all claims against the work or any other C3-3 (7 ) �Y matter associated such as maintaining adequate and appropriate insurance or security coverage for the project. Such local authority for administration of the work under the Contract shall be maintained until all business transactions executed as part of the Contract - are complete. Should the Contractor ' s principal base of operations be other than in the Fort Worth-Dallas metropolitan area, notification of the Contractor ' s assignment of local authority shall be made in writing to the Engineer in advance of any work on the project, all appropriately signed and sealed, as applicable, by the Contractor ' s responsible officers with the understanding that this written assignment of authority to a local representative shall become part of the project Contract as though bound directly into the project documents . The intent of these requirements is that all matters associated with the Contractor ' s administration, whether it be oriented in furthering the work, or other, be governed direct by local authority. This same requirement is imposed on insurance and surety coverage. Should the Contractor' s local representative fail to perform to the satisfaction of Engineer, the Engineer, at his sole discretion , may demand that such local representative be replaced and the Engineer may, at his sole discretion , stop all work until a new local authority satisfactory to the Engineer is assigned . No credit of working time will be for periods in which work stoppages are in effect for this reason. C3-3 . 15 VENUE: Venue of any action hereinunder shall be exclusively in Tarrant County, Texas. C3-3 (8 ) PART C - GENERAL CONDITIONS C4-4 SCOPE OF WORK SECTION C4-4 SCOPE OF WORK C4-4 . 1 INTENT OF CONTRACT DOCUMENTS : It is the definite intention of these Contract Documents to provide for a complete, useful project which the Contractor undertakes to construct or furnish , all in full compliance with the requirements and intent of the Contract Documents . It is definitely understood that the Contractor shall do all work as provided for in the Contract Documents, shall do all extra or special work as may be considered by the Owner as necessary to complete the project in a satisfactory and acceptable manner. The Contractor shall, unless otherwise specifically stated in these Contract Documents, furnish all labor, tools, materials, machinery , equipment , special services , and incidentals necessary to the prosecution and completion of the project. C4-4 . 2 SPECIAL PROVISIONS : Should any work or conditions which are not thoroughly and satisfactorily stipulated or covered by General or Special Conditions of these Contract Documents be anticipated, or should there be any additional proposed work which is not covered by these Contract Documents, then "Special Provisions" covering all such work will be prepared by the Owner previous to the time of receiving bids or proposals for such work and furnished to the Bidder in the form of Addenda. All such "Special Provisions" shall be considered to be a part of the Contract Documents just as though they were originally written therein. C4-4 . 3 INCREASED OR DECREASED QUANTITIES: The Owner reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices. Such increased or decreased quantity shall not be more than 25 percent of the contemplated quantity of such item or items. When such changes increase or decrease the original quantity of any item or items of work to be done or materials to be furnished by the 25 percent or more, then either party to the contract shall upon written request to the other party be entitled to a revised consideration upon that portion of the work above or below the 25 percent of the original quantity stated in the proposal; such revised consideration to be determined by special agreement or as hereinafter provided for "Extra Work. " No allowance will be made for any changes in anticipated profits nor shall such changes be considered as C4-4 (1) waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of sanitary sewer pipes in depth categories , shall be interpreted herein as applying to the overall quantities or sanitary sewer pipe in each pipe size, but not to the various depth categories. C4-4 . 4 ALTERATION OF CONTRACT DOCUMENTS: By Change Order, the Owner reserves the right to make such changes in the Contract Documents and in the character or quantities of the work as may be necessary or desirable to insure completion in the most satisfactory manner, provided such changes do not materially alter the original Contract Documents or change the general nature of the project as a whole. Such changes shall not be considered as waiving or invalidating any condition or provision of the Contract Documents. C4-4 . 5 EXTRA WORK: Additional work made necessary by changes and alteratio-n--s—oT the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents, shall be defined as "Extra Work" and shall be performed by the Contractor in accordance with these Contract Documents or approved additions thereto; provided, however , that before any extra work is begun a "Change Order" shall be executed or written order issued by the Owner to do the work for payments or credits as shall be determined by one or more combination of the following methods: a. Unit bid price previously approved. b. An agreed lump sum. C. The actual reasonable cost of (1) labor, (2) rental of equipment used on the extra work for the time s o used at Associated General Contractors of kmerica current equipment rental rates ; ( 3 ) materials entering permanently into the project, and (4 ) actual cost of insurance , bonds , and social security as determined by the Owner , plus a fixed fee to be agreed upon but not to exceed 10% of the actual cost of such extra work. The Fixed fee is not to include any additional profit to the Contractor for rental of equipment- owned by him and used for the extra work. The fee shall be full and complete compensation to cover the cost of superintendence, overhead, other profit, general and all other expense not included in ( 1 ) , ( 2 ) , ( 3 ) , and '( 4 ) above. The Contractor shall keep accurate cost records on the form and in the method C4-4 (2 )