Loading...
HomeMy WebLinkAboutContract 26088 CITY SECRETARY ✓ D.Q.E. FILE CONTRACTOR'S BONDING CO. SPECIFICATIONS and ' CONSTRUCTION'S COPY CONTRACT DOCUMENTS for CLIENT DEPARTMENT RECONSTRUCTION of - - u CITY SECRETARY DRYDEN ROAD CONTRACT NO. Z4 from Carolyn Road to Stadium Drive UNIT I: WATER LINE & SANITARY SEWER IMPROVEMENTS UNIT II: PAVING & DRAINAGE IMPROVEMENTS CITY OF FORT WORTH, TEXAS WATER P.q53-060530175420 SEWER PS58-070580174560 +� DOE No. 2190 MAY 2000 KENNETH L. BARR BOB TERRELL MAYC R CITY MANAGER A. Douglas RademaE;er, P.E. Director of Department of Engineering WNW W00 RD Chiang, Patel & Yerby, Inc. 15100 Trinity Blvd., Suite 200 �^ Fort Worth, Texas 75155 Tel: (817) 35a-0189 Fax: (817) 354-4935 City of Fort Worth, Texas "evor andC ouncil Communeention DATE REFERENCE NUMBER LOG NAME PAGE 7/18/00 **C-18138 30DRYDEN 1 of 2 SUBJECT AWARD OF CONTRACT TO CONATSER CONSTRUCTION, INC. FOR RECONSTRUCTION OF DRYDEN ROAD AND WATER AND SANITARY SEWER LINE REPLACEMENT, CONTRACT 22 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of $351,748.25 for reconstruction of Dryden Road (Carolyn Road to Stadium Drive) and water and sanitary sewer line replacement, Contract 22. DISCUSSION: The 1998 Capital Improvement Program included funds for the reconstruction of Dryden Road (Carolyn Road to Stadium Drive). The Water Department has determined that the existing water and sanitary sewer line is in need of replacement prior to street reconstruction. The street improvements include 6-inch concrete pavement and replacement of existing 18-inch storm drain laterals. This project was advertised for bid on April 27 and May, 4, 2000. On May 25, 2000, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Conatser Construction. Inc. $351,748.25 67 Working Days McClendon Construction Company, Inc. $366,291.68 Stabile &Winn, Inc. $374,635.07 J. L. Bertram Construction & Engineering, Inc. $386,637.58 Sherman Hudson Utility Construction $404,031.89 Richard Carr Construction Company $420,128.02 Jackson Construction, Inc. $425,894.00 Ed. A. Wilson, Inc. $430,059.85 Additionally, funding in the amount of$9,000.00 is needed for 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 ($13,095.00). Conatser Construction, Inc. is in compliance with the City's M/WBE Ordinance by committing to 18% M/WBE participation and documenting good faith effort. Conatser Construction, Inc. identified several subcontracting and supplier opportunities. However, the M/WBEs contacted in the identified areas did not respond or did not submit the lowest bid. The City's goal on this combined project is 34%. This project is located in COUNCIL DISTRICT 3, Mapsco 90A. City of Fort Worth, Texas "anor and council Communication DATE REFERENCE NUMBER LOG NAME PAGE 7/18/00 **C-18138 1 30DRYDEN 2 of 2 SUBJECT AWARD OF CONTRACT TO CONATSER CONSTRUCTION, INC. FOR RECONSTRUCTION OF DRYDEN ROAD AND WATER AND SANITARY SEWER LINE REPLACEMENT, CONTRACT 22 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budgets, as appropriated, of the Water and Sewer Capital Project Funds and the Street Improvement Fund. MG:I Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Mike Groomer 6140 APPROVED Originating Department Head: CITY COUNCIL A.Douglas Rademaker 6157 (from) JUL 18 2000 PW53 541200 060530175420 $ 65,035.00 Additional Information Contact: PS58 541200 070580174560 $ 24,800.00 C115 541200 020115040568 $261,913.25 City Secretary of the m A.Douglas Radeaker 6157 City of Fort Worth,-rexas 817 871 785+4 'MAY-ig-CO FRI 9:4! x;.; .... . .U'�T. E1�i11N>:E81'iG IL 1" -"+ ,_,,;,4 ADDENDUM Na. 1 FOR 1998 CAlxITAL IMPROVEMENTS PROJECT--CONTRACT 22 Dryden Road (Carolyn to Stadium) tnviri. Wxer ondswormy sewn l etc WS Water P► JW:PW33-060110173420 $ewr Pnvject:PS38-070380174360 rwr it, Paving and Dminw Imprommehts PaviV and laminar Pm ecfiC.11 S-0?0115040568 !X)E NO. ?100 Addendum No. 1 Issue Date: May 19, 2000 Bid Receipt Data: May 25, 2000 This addendum forms part of the contract documents referenced above and modifies tho 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. PLOW Aua�Ha.r9 4F W4��NG JZyrsMW,* sPffCr-MAMN. AM co .WA!;r ywcuAmMN Proposal: �f 1- Water Section Replace page 1 with the attaChed page 1. Bid Item 4 has been modifled to reflect proper unit. 2- Sanitary Sewer Section: Replace page 5 with the attached page 5. Bid Item 31 has been modified to reflect proper unit. �# All other provisions of the plans, specifications and contract document for �I 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 by 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. 1 ADDENDUM NO. 1 S001Z00d iS£'ON 9SSbb£SLT8 F Affd3A I -131Hd 19NHIH'l itr:nT 90/r-rpca 817 87i 7854 _ MRS'-d' OQ Fkl �: � khl F F IEIj. EI�i111EER111G RECEIPT ACKNOWLEDGED A. Douglas Rademaker, P.E., Director Company:_. Coot a-+3er Ln,-4rc c�+ a�n., ; .�• _- _. RAW or Paint company nems) BY'..—.. Uerr (2cna.fseX' { ype or pmtt ne - 2 5 20%?Q _.. ._ Approved: Ruck tHm. F?E. Manager, Co nst4tene Services 2 ADDENDUM NO. 1 500/£00d TSE'ON 9SSbtFgLT8 F AE03A I -Bldd '"IHa Tb-.0T 00i6T/GO SPECIFICATIONS and CONTRACT DOCUMENTS for RECONSTRUCTION of DRYDEN ROAD from Carolyn Road to Stadium Drive UNIT I: WATER LINE & SANITARY SEWER IMPROVEMENTS UNIT II: PAVING & DRAINAGE IMPROVEMENTS CITY OF FORT WORTH, TEXAS WATER PW53-060530175420 SEWER PS58-070580174560 rw DOE No. 2190 MAY 2000 KENNETH L. BARR BOB TERRELL MAYOR CITY MANAGER A. Douglas Rademaker, P.E. Director of Department of Engineering Chiang, Patel & Yerby, Inc. 15100 Trinity Blvd., Suite 200 Fort Worth, Texas 76155 Tel: (817) 354-0189 Fax: (817) 354-4935 TABLE OF CONTENTS NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS PREVAILING WAGE RATES SPECIAL INSTRUCTIONS TO BIDDERS (Water Department) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL GENERAL CONDITIONS (Water Department) SPECIAL CONDITIONS (Water Department) ADDITONAL SPECIAL CONDITIONS (Water Department) SPECIFICATIONS (Water Department) DETAILS (Water Department) PROJECT DESIGNATION SIGN (Water Department) SPECIAL PROVISIONS (T/PW Department) SILICONE JOINT SEALING SPECIFICATIONS DETAILS (T/PW Department) PROJECT DESIGNATION SIGN (T/PW Department) VENDOR COMPLIANCE TO STATE LAW CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION CERTIFICATE OF INSURANCE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND CITY CONTRACT SOIL TEST k April 24,2000 FW-CFW9816 TABLE OF CONTENTS r r c r r r r r s r r - ' f NOTICE TO BIDDERS r r r r i r r r NOTICE TO BIDDERS Sealed proposals for the following: FOR: 1998 Capital Improvements Project-CONTRACT 22 Reconstruction of Dryden Road from Carolyn Road to Stadium Drive Unit I: Water Main and Sanitary Sewer Improvements Water Project No.: PW53-060530175420 Sanitary Sewer Project No.: PS58-070580174560 a Unit II: Paving and Drainage Improvements T/PW Project No.: C115 02011540568 D.O.E. Nos.: 2190 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., May 25, 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 1,720 LF 6 to 8-inch water pipe 2 EA Standard Fire Hydrant Assemblies 375 LF 10-inch Sanitary Sewer Replacement 3 EA Standard 4'diameter drop sanitary sewer manhole Unit It: Paving and Storm Drain Improvements 4,402 SY 6-inch reinforced concrete pavement 1,885 LF 7-inch reinforced concrete curb 2,422 SF 6-inch reinforced concrete driveway PP For additional information,please contact Mr.Raj Mehta with Chiang,Patel&Yerby,Inc.,at(817)540-4220, or Mr. Fred Ehia, P.E., at (817) 871-8424. Advertising Dates: April 27, 2000 May 4, 2000 P - 2 - COMPREHENSIVE NOTICE TO BIDDERS 9809400_Specs ,099 DO1,doc COMPREHENSIVE NOTICE TO BIDDERS Sealed proposals for the following: FOR: 1998 Capital Improvements Project - CONTRACT 22 Reconstruction of Dryden Road from Carolyn Road to Stadium Drive Unit I: Water and Sanitary Sewer Line Improvements Water Project No.: PW53-060530175420 Sanitary Sewer Project No.: PSSS-070580174560 Unit H: Paving and Drainage Improvements T/PW Project No.: C115 02011540568 D.O.E. No.: 2190 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., May 25, 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 respect to 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. i 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 and Sanitary Sewer Line Improvements 1,720 LF 6 to 8 inch water pipe 2 EA Standard Fire Hydrant Assemblies 375 LF 10-inch Sanitary Sewer Line Replacement 3 EA Standard 4' diameter drop sanitary sewer manhole Unit H: Paving and Storm Drain Improvements 4,402 SY 6-inch reinforced concrete pavement 1,885 LF 7-inch reinforced concrete curb 2,422 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. 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 C:\WINDOWS\TEMP\COMPNOTICEDOC\" Comprehensive Notice to Bidders- 1 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 parts to identify pay items for Unit 1: Water and Sanitary Sewer Line Improvements, and Unit II: Street and Storm Drains Improvements. Only one (1) contract for construction 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 Raj Mehta, P.E.of CPY, Inc. at (817)540-4220 or Mr. Fred Ehia, P.E., at (817) 871-8424. BOB TERRELL CITY MANAGER ALICE CHURCH CITY SECRETARY ADVERTISING DATES: April 27, 2000 DEPARTMENT OF ENGINEERING May 04, 2000 A. DOPCAAA RADEMAKER, P.E., DIRECTOR By: Rick Rice, P.E. Manager, Consulting Services CAVnxo0w8\7Zar\C0MM0nceo0c\M Comprehensive Notice to Bidders-2 f 1 T r - 3 - PREVAILING WAGE RATES 1 t CITY OF FORT WORTH HIGHWAY CONSTRUCTION PREVAILING WAGE RATE FOR 2000 CLASSIFICATION HOURLY RATE Asphalt Raker $10.32 Asphalt Shoveler $9.75 Batching Plant Weigher $9.65 Carpenter(Rough) $13.64 Concrete Finisher-Paving $10.16 Concrete Finisher Helper(Paving) $9.70 Concrete Finisher-Structures $13.44 Flagger $7.00 Form Builder-Structures $13.44 Form Setter-Paving&Curbs $10.25 Form Setter-Structures $9.75 Laborer-Common $7.64 Laborer-Utility $8.64 Mechanic $13.25 Servicer $10.13 Pipe Layer $7.35 Pipe Layer Helper $6.75 Asphalt Distributor Operator $11.45 Asphalt Paving Machine Operator $11.09 Concrete Paving Saw $10.53 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel (< 1 1/2 CY) $10.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel(> 1 1/2 CY) $11.52 Front End Loader(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 1 _ 4 _ SPECIAL INSTRUCTIONS TO BIDDERS r (WATER DEPARTMENT f SPECIAL INSTRUCTIONS TO BIDDERS r (Water Department) 1. PREQUALIFICATION REQUIREMENTS: All contractors submitting bids are required to - be pre-qualified by the Forth 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 bidder's responsibility to submit the following documentation: a current financial statement, an acceptable experience record, an acceptable equipment schedule and any other documents the Department may deem necessary, to the Director of the Water Department at least seven (7) calendar days prior to the date of the opening of bids. a. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit issued by an appropriate State licensing agency and shall have been so prepared as to reflect the financial status of the submitting company. This statement must be current and not more that one (1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. b. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and technical level as that of the project for which bids are to be received. C. The Director of the Water Department shall be the sole fudge as to the acceptability for financial qualification to bid on any Fort Worth Water Department project. d. Bids received in excess of the bid limit shall be considered non-responsive and will be rejected as such. e. The City, in its sole discretion, may reject any bid for failure to demonstrate experience and/or expertise. f. Any proposals submitted by a non-pre-qualified bidder shall be returned unopened, and if inadvertently opened, shall not be considered. g. The City will attempt to notify prospective bidders whose qualifications (financial or experience) are not deemed to be appropriate to the nature and/or magnitude of the project on which bids are to be received. Failure to notify shall not be a waiver of any necessary pre-qualification. 2. BID SECURITY: A cashier's check or 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 (10) days after the contract has been awarded. To be an acceptable surety o 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 (100%) percent of the contract price will be required, Reference C 3-3.7. T:\PROJECTS%CFW98IWpecs%Speclnst(WD)1.dx 4 (l) SPECIAL INSTRUCTIONS TO BIDDERS T (Water Department) 4. WAGE RATES: Not less than the prevailing wage rates established by the City of Fort Worth, Texas, and set forth in the Contract Documents must be paid on this project. 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 bidderwhose principal place of business in 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 City. 9. AGE: In accordance with the policy ("Policy") of the Executive Branch of the Federal Government,Contractor covenants that neither it,nor any of its officers, members, agents, employees, program participants or subcontractors while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees 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 requirements. Contractor warrants it will fully comply with the policy and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractors and/or its subcontractors' alleged failure to comply with the above referenced policy concerning age discrimination in the performance of this agreement. 10. DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it, and any and all of its subcontractors, will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms, and/or conditions of employment for applicants for T:tPROJECTS%CFW9816%Spees%Spednst(WD)1.doc 4 (2) SPECIAL INSTRUCTIONS TO BIDDERS ti (Water Department) employment with or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with the ADFA's provisions and any other applicable Federal, State, and local laws concerning disability, and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of contractor's and/or its subcontractors; alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. 11. MINOR AND VJOME �f BUSII�'ESS ENTERPRISES: In accordance 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. The bidder shall submit the MBE/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The documentation must be received no later that 5:00 PM, 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 thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or 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 9/24/97 TIPROJECTS%CFW9818l SpecsUSpeclnst(WD)1.doc 4 (3) - 5 - SPECIAL INSTRUCTIONS TO BIDDERS (T/PW DEPARTMENT) 9809400_SPecs_1099_DOl.doc rSPECIAL INSTRUCTIONS 1"0 BIDDERS F (T/PW Department) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five percent (5%) of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bond, (1) the name of the surety shall be included on the current U.S. Treasury, or (2) the surety must have capital and surplus equal to ten (10) times the limit of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the treasury list or one-tenth (1/10) the total capital and surplus. 2. PAYMENT BOND AND PERFORMANCE BOND: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond, as well as a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. i In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U.S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten (10) times the amount of the bond. The surety must be licensed to do business in the State of Texas. The amount of the bond shall not exceed the amount shown on the Treasury List or one-tenth (1/10) of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited, or trusted to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. 3. LIQUIDATED DAMAGES: The Contractor's attention is called in Part 1, Item 8, Paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. saan:trrPM.da 5 (1) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-A-29) prohibiting discrimination in employment practices. 6. WAGE RATES: All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates as established by the City of Fort Worth, Texas, and set forth in Contract Documents for this project. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. 8. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury - $250,000 each person, $500,00 each occurrence; Property Damage - $300,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. 9. 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 this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder'" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all nonresident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. ° 10. MINORITY AND WOMEN BUSINESS ENTERPRISES: In accord 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. In order for a bid to be considered responsive, the AFFIDAVIT STATEMENT included within these bid documents must be completed and submitted with the bid. Failure to submit the completed AFFIDAVIT STATEMENT shall render the bid non-responsive. In addition, the bidder shall submit the MBEN BE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as SWtsstUPM.d= 5 (2) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) appropriate. The Documentation must be received no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the Documentation was received by the City. Failure to comply shall render the bid non- responsive. Upon request, Contractor agrees to provide to Owner complete and accurate information regarding actual work performed by a Minority Business Enterprise (MBE) 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 substitute 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. 11. AWARD OF CONTRACT: Contract will be awarded to the lowest responsive bidder. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. No bid may be withdrawn until the expiration of forty-nine (49) days from the date bids are opened. The award of contract, if made, will be within forty-nine (49) days after the opening of bids, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. 12. PAYMENT: The Contractor will receive full payment(minus 5% retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 13. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 14. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: a. Workers Compensation Insurance Coverage: 1. Definitions: Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project includes the;time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. sig:ccravh.aa 5 (3) SPECIAL INSTRUCTIONS TO BIDDERS r (T/PW Department) Persons providing services on the project ("subcontractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which famishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the contractor providing services on the project, for the duration of the project. 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The contractor shall obtain from each person providing services on a project, and provide to the govemmental entity: a) a certificate of coverage, prior to that person beginning work on the project, so the govemmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and b) no later than seven (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that speclnstOPM.doc 5 (4) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: a) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; b) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; d) obtain from each other person with whom it contracts, and provide to the contractor. (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. f) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are �. providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage spedm:urPM.a« 5 (5) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties, or other civil actions. 11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. b. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 15. NON DISCRIMINATION: The Contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 16. AGE DISCRIMINATION: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement, or discharge of employees or in IP 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, or employees, 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 Spednst{TPM.doc 5 (6) SPECIAL INSTRUCTIONS TO BIDDERS (T/PW Department) 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 and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 17. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of'the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms, and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal, state, and local laws concerning disability and will defend, indemnify, and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. Revised March 15, 1996 SpeclnstO PM.doc 5 (7) - 6 - MINORITY AND WOMEN BUSINESS ENTERPRISE SPECIFICATIONS 9809400_S�1099_DOl.doc PM CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS r* SPECIAL INSTRUCTIONS FOR BIDDERS ow APPLICATION OF POLICY It tl;c total dollar value of the contra�.t is 525,000 Gr more, re applirable. If ilii toUll l dr?llar va0je f 1 , trait i,� tiara Akan $25,ODO,Ahe WNWE goals are rlbt applicable. POLICY STATEMENT it is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority/Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. M/WBE PROJECT GOALS The City's MBE/WBE goal on this project is 3490 of the total bid value of the contract. 'P COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated minimum M/WBE goals, or 2. Good Faith Effort documentation, or 3. Waiver documentation. SUBMITTAL OR REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. 1. MM/BE Utilization Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. 2. Prime Contractor Waiver Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. 3. Good Faith Effort Form: received by 5:00 p.m.,five(5)City business days after the bid opening date,exclusive of the bid opening date. NLURE-`13 COMPLY�NITl#'HF—CITY'S i�Jl'OtiJBE ORD114ANCE Wll_I_ RES ULT f h THE l311 BEI NC CONSIDERED NON-RESPOWIVE To SPECIFICATIONS Any questions, please contact the M/WBE Oce at (817) 871-6104. Office sea-6.doc 6 (1) TTACHMENT IA Page I of 2 Revised 06/02/98 CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS MBE/WBE UTILIZATION Thursday, R"wabes! te,--tlft9- r"Vl!j2'5, 7-000 Prime Company Name Bid Date 1998 CIF - CONTRACT PW 53-060530175420, PS 58-070580174560 :Po L1-10 Project Name Project Number cirrs WWBE PROJECT GOAL: Fm—IWBE PERCENTAGE ACHIEVED: Falt re -P i!iit4-'-P_. nqdorqent lop� d e, ;Pa gi V: sU tlwthtrbid:� eincq�ii -04yelye.q:' W* i nessdays�aft:: -opening,bid: � b opening,. a klemn � ..... usl.considered van.. ... ................................. ........... ...........-.. ........ ............. slve to bid spec+ficattons ... . ...... ... .................. .......... . ........... ..... .. ....... .... ... . ... ...... ............ 6: Be 6 -wo 'bicid" &M .44 1 e iii d . th id 6-" ........... -q_j;misrepresentation. . . . A:. . . . ............ The schedule,. 074r In. 01:u%O.Aeif­­ Fort/North adt's-wls, non ...... . ............ Kw011'fe- s.&� A being considered n.�rqsponsive to 0�emfiqatlohisi 'a ift ifibfi-- d grounds o isau .1 q Int the d Ao .. ........-.......... ........... ............... .... ............. .......... ........... ................. ................... .......... a Name, Merfifibd ...p...e...c. Alit—Optx ct- o.l-s....p..-...e.......p..... ,y- ..............A..... m..�......,oX..... ... u Address,and . wKs .... . ...... . .... ... .. . ........ . .......... .... ...... . ............. ......... ... ...... ......... ............ ..... ..... . ......... .......... ............. :.......... ..... .......... a ......... ... ............. .................... . I... ........ ........... ................. .................. .................- ...... ..... ... .................. ............... ............. .... .......... ............. RAY MATERI&L§.INC, 14 At,:,-r7 PO BOX 361 MANSFIELD,TX 76063 317-473-9355 eicen &e"4-h'-n .30,400. ev SAW 61ed,�- a2a s lo, ,YL, zy, 100. 3 1 37,3 r,5rO,5#, fAAAg-h;aTi- '71.043 3ct:I,00 3 5,5 ............... ........... . ............. d io Mmma .. ......_::....:.5.....:....>.::,:9 ........ .............. .............. ..... ........be ... ....... ...................... ........... ...................... .......... ....... .................. L UAN sare,o,b tilized:aild/oKitems ..............-................................... ................... ied .......... 6td-l'ift'll '1o: Ic.toward Vies iki i .............. ........... . ............... ........... . ...... .... .............................. ht h :66ldWffieipr etan r.A!3or_;PA" W660 01'. 4 a direct................. riiW .0 .ayrnii from; ON: 0d: ......W 191:41 0h-by:A:s;6b:C­0 -`: ............. . ............. .14icons; red. ob actor" ': owntr subcontractor 0;w, ......... ... wir .............. .............. . ................. . ................. .... ........ - _up pJqT.,J*Jq..onsJd6ted 2fidffe' r., .... .......... ........... ............ THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5-00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, r EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department rSect-&dcc 6 (2) ATTACHMENT IA Page 2 of 2 CITY OF FORT WORTH Revised 06/02/98 MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS MBE and WBE UTILIZATION FORM Company Name,Contact NameF, Certlfled. Sped+fy A{l`Cantracting Spgci#y Att Items to . L Doltar Altlaant` Address,and Telephone Na Scope of Work(*) be;;gpptted(*) F 0U.' g '.� ::r ..::..: ... ........ .. :rr; ... The 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 will 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, State, or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. ALL MBE(s) nd WB ) MUST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD Aut ed ignature Prifrting Signature' Title Contact Name and Title(if different) CQjJATSER CONTMUC nON,Inc. ONE S17-534.1743 Company Name P.O.BOX 15804 Telephone Nuntbe 117-534453E FORT WORTH,TX 76119 Address Fax Number asj x54 ZGcr City/StaterZip Code Date THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(5)CITY BUSINESS DAYS AFTER BID OPENING, EXCLUSIVE OF THE BID OPENING DATE Pages 1 and 2 of Attachment 1A must be received by the Managing Department Sed-6.doc 6 (3) ATTACHMENT IB Page 1 of 1 Revised 08/02/98 CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS PRIME CONTRACTOR WAIVER FORM 1998 CiP - CONTRACT 21 Prime Company Name Project Name Thursday, December 16, 1999 PW 53-060530175420, PS 58-070580174560 Bid Opening Date Project Number If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and detailed explanation provided, if applicable. If the answer to either question is NO,then you must complete ATTACHMENT 1C. This form is only applicable if b—oth answers are yes. Fadute to corrtple#e#has formetxtxrety............a . be received by the Manactittg 13et�at#rlent ari or before 5:00 Mn five f5i City bus�neas days after b►d>aueninq,exclusive of the bid opening....:..d.....ate,annll rdsult in bid bejng considered non responslve#o fald specEficatsans Will you perform this entire contract without subcontractors? Yes No If yes, please provide a detailed explanation that proves, based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Yes No If yes, please provide a detailed explanation that proves, based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. The 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)on this contract,the payment therefore and any proposed changes to the original 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 will 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,State,or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in city work for a period of time not less than one(1) year. Authorized Signature Printed Signature Title Contact Name(if different) 4f Company Name Contact Telephone Number(s) Address Fax Number Authorized Signature Company Name s -6.d®c 6 (4) OW ATTACHMENT IC Page I of 3 Revised 06102198 CITY OF FORT WORTH MINORITY AND WOMEN BUSINESS ENTERPRISES SPECIFICATIONS GOOD FAITH REPORT Thursday, December 16, 1999 Prime Company Name Bid Date 1998 CIP - CONTRACT zy PW 53-060530175420, PS 58-070580174560 Dog 2-o9n Project Name Project Number ............. (f yon ..................... . ......... .*- �- 4!yam too .9.iAq wo 01-A Ot:o:rJ ! out t . Odle . onsess:han : ...' .. . $4- complete. ............. ....... ............ ........... ........................ ........................... rm ............ If the bidder's method of compliance with the M/WBE goals is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, 4W shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the bidder. ............. ............. uppOdoWhing; 6tailoll .............. nn or ... ft......before 49PA111g'=c usive�bfbivpening.'..'d ..M Y'e&ult.ftthe " ld:' :1beteg aonsldered� or4gspg"A tld'tDetItick"Whi" .... ...... ............... ...........-.............. I Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES OF FIRMS) which will be used in the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (Use additional sheets, if necessary) List of: Subcontracting Opportunities List of: Supplier Opportunities TV legnjim of Liou Portable Toilet Rental - Tater or smer Pipe&SUPPLin Aa*dLk Nimm Rebar Supplien -7 Sect-6 doe 6 (5) ATTACHMENT IC Page 2 of 3 Revised 06/02/98 2. Did you obtain a current list of MIWBE firms from the City's M/WBE Office? The list is considered in compliance, if it is not more 3 months old from the date of bid opening. ✓ YES Date of Listing NO 3. Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? YES If yes, attach M/WBE mail listing to include name of firm and NO address and a dated copy of letter mailed. 4. Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? YES If yes, attach list to include name of MIWBE firm, person contacted, NO phone number and date and time of contact. MOTE A facsimile may be used to comply with eliher 3 ar 4,but may not be qW for both if a facsimile is used attach the fax cool it 4ont whFc As to pWid IVIINVI3E ndrne, date,time, fax'ngfnber, at;d xtocumer>tatsart fazed N07E1f a SJC LisW/ t of M8E is fen oc less, the bidder n it 1 contact the entire ilstto : in compliance r+rith questions and A {f a SIC list of[gI1WBEJs.more than tenR theibtctder must coiAtact at least t+hrohrrds of the hst, but not less than,fen to beisx corsipGance;w�th questions 3`arici 4 ,.. ... . ... 5. Did you provide plans and specifications to potential M/WBEs or information regarding the location of plans and specifications in order to assist the M/WBEs? ✓ YES NO 6, If MfWBE bids were received and rejected,you must: 1. List the M/WBE firms and the reason(s) for rejection (i.e., quotation not commercially reasonable,qualifications,etc.)and 2. Attach affidavit and/or documentation to support the reason(s) listed below (i.e., letters, memos, bids,telephone calls, meetings,etc.) (P/ease use additional sheets,if necessary,and attach) Company Name Telephone Contact Person Scope of Work Reason for Rejection ScJed �i sf ,, . . 6 (6) ATTACHMEW IC Page 3 of 3 Revised 06MV96 PE ADDITIONAL INFORMATION Please provide additional information you feel will further explain your good and honest efforts to VM obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment therefore and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State, or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1)year. The undersigned certifies that the information provided and the M/WBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified bytheCity's M/WBE Office. e(A �l Gr rte, u�SC.✓' or Signa ure Printed Signature �re�sJde,t;t- Title Contact Name and Title(if different) CONATSER CONSTRUCTION,Inc. PHONE 817-534-1743 Company NameP.O.BOX 15804 Telephone ftumber(s)i17-534.4556 06 FORT WORTH,TX 76119 Address Fax Number City/StatelZip Code fate .f Sect-&dcc 6 (') 817 1971 7954 FH.- �4, ,-I", K?. ...!4 I fdAf- =LSU F�tI y: 4G� P.�i F. �e�i. ENGINEERING - -- I �E �y yy� CN I OF FOR WORTH , DRY01EI4 M0410 MCONSTRUlMem FROPQOAL FORM O -012 rmm 6ST. UUM bdBCpl"Ic l WITH UNIT DID PNICP Umrr PRICr ?OTAL Nd. T�►. ! ilpe WtYpEN ItoAp•WAtER 1 1.300 LF. FUMIsh and k%BMll e-Ittch Water ripe (Includes removal and abandeninp of exlsllne" tar plRey,aonviete In piece. went" twiefrt end 4 _ _ Cenb per linear foot. 2 40 L.C. Furnish and Install "ch Webr Pipe. oonptets�,�oatyl. ;no Cons par Iktoer foot. 6, S.oQ T z o.00 S 3e0 L.F. Fum*h and InM1111 laah water Line(bury depth TIn place, W ev„ F -� OoIIa/s s+nd Cents par linear OQI. $ 4 2 EA. Furnish and install Istia ndard FUO Hydrsnt Asoma fly.a�4"du .eompiete in Place. and r,., per both.+.� ,.cents S 1.2.00_pQ.� S iSL+P;.«? 6 A V.F. Fumish and M01 Flrb Hydrant 0KNAllon lot over 3'-6'bury.Cornptels In plate.,,,W, OvAen r Dollars an r--410 Cents par linear foot. Q e EA. furnish and Install 6-Inch Gate Va"with Bas,cvmplole In plum. tK N W , _IavNees end _ C"tv Pel"Ch. •.� $ (off.Ci'� $ 4,Std•AO 7 2 EA, Furnish and iMtall Vrioh Gate VNIVe with Bax, ple"'S' ve- tt r oll>tr,r conts per each. !3 2 TON Furnish and Instal) Cost Iron filtMos, wnplete In pft_., v1 Dallfift and Cents per On. $ 3 per•oD s b,o�y 00 IaR,r+e.s000 rvwcrwrs+s 1 w+aaos� S00/b00d TS£'0N 9SSbb£SLTB F kH&ql '8 -S_L Jd 00/GT/S0 BASE BID ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS 9 1,500 L.F. Furnish and install Temporary Pavement Repair per Figure A, complete in place, 1 jG Dollars and Cents i per linear foot. $ 5.00 $ Tt S Oo.ctics 10 20 L.F. Furnish and install Permanent Asphalt Pavement Repair, per Figure 4, complete in place, E;rfa Dollars and pLe Cents per linear foot. $ 40.o» $ goo , efl 11 380 L.F. Furnish and install Trench Safety for Depth of 5' and Over as directed by Engineer, complete in place,Qta Dollars and 4.6 _ Cents per linear foot. $ I.op $ 38©.Co 12 50 L.F. Furnish and install Extra Depth of Water Mains Over 1-foot Below Designed Elevation as directed by Engineer, complete in place, 0 re a Dollars and r►s. Cents per linear foot. $ J.00 $ $0,Cho 13 2 EA. Remove Existing Fire Hydrant Assembly, complete in place,-Q* NuAjejd Dollars and k62 Cents per each. $ Tom.00 $ qV0.m 14 10 C.Y. Furnish and install Type E (1500#) Concrete, complete in place, Fye- Dollars and A.* Cents per cubic yard. $ :�. on $ O•QO 15 70 L.F. Furnish and install 2-inch Co per Service, complete in placer 'y Dollars and plea Cents per linear foot. $ ZS.co $ 1,750.40 16 1 EA. Furnish and install New Class B Me er B x, complete in placedKe,NM4edma( and rLti Cents per each. $ 1:L0.00 $ 120.00 17 100 L.F. Furnish and install 1-inch Copper Service, complete in place, TijamAl Dollars and ,na Cents per linear foot. $ ?lG•C.b $ ?20W'00 18 1 EA. Furnish and install 2-inch Service Tap, complete in place,!9x 14,,do,t� Dollars and rb 'rents per each. $ &Co.00 $ &Co.00 April 25,20M FW-CFW9816 2 PROPOSAL BASE BID 77 ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS 19 1 EA. Furnish and install 1-inch Service Tap, complete in place-, l%* Nk.a ►r'�Ilars and ✓ta Cents per each. $ 2S0,oo $ 2 So,oo 20 1 EA. Furnish and install New Class A Meter Box, complete in place, Dollars and VIA Cents per each. $ 190. 0,0 $ 40.0m 21 20 L.F. Furnish and install 8-inch CL 51 C.I.P., complete in place, 71%7r,�!2 Dollars and ►oto Cents per linear foot. $ 30. oo $ bcn.go 22 5 C.Y. Furnish and install Ballast Stone for Miscellaneous Placement as directed by Engineer, comtete in place, MOL Dollars and rt.r Cents per cubic yard. $ I .On $ S. SUBTOTAL for Water(Items 1 -22) $ (•5 035.00 April 25,2000 FW-CFW9816 3 PROPOSAL BASE BID I ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS DRYDEN ROAD -SEWER 23 375 L.F. Fumish and install 10-inch Sanitary Sewer Pipe (all depths) including Removal of Existing Pipe, complete in place, A r#y twtr Dollars and ✓i0 Cents per linear foot. $ 3Z.00 $ 1 Z,aoo�co 24 385 L.F. Furnish and install Min. 2-inch Hot Mix Temporary Pavement Repair per Figure B, complete iplace, I-$v0, Dollars and VLO Cents per linear foot. $ S.Do $ ,9 x5.00 25 125 L.F. Fumish and install Concrete Encasement as directed by Engineer,complete in place, Tom_ Dollars I and ICAD Cents per linear foot.' $ 10.00 $ ��z So. 00 26 375 L.F. Fumish and install Trench Safety for Depth of 5' and Over as directed by Engineer, complete in place, 10✓ie- Dollars and _ he Cents per linear foot. $ 1.00 $ 3-75:oo 27 1 EA. Fumish and install 4'Diameter Manhole(0' -6'depth), complete in place, Twsly& R""Jrtel Dollars and ✓Lo Cents per each. 28 3 EA. Fumish and install 4' Diameter Drop Manhole (0'-6'depth), complete in place, Four+ear. aLAAcAyva Dollars and rt,o Cents per each. $ 40C. poo $ off LGL. 00 29 6 V.F. Fumish and install 4' Diameter Drop Manhole Depth Over 6' complete in place, Nu udred !jgf4%4r Dollars and VLo Cents per foot. $ 140. ra-9 $ 840.co 30 375 L.F. Furnish and install Post Construction T.V. Inspection, complete in place, 0MIG Dollars ' and n4p Cents per linear foot. Is 1.00 1 $ 375. 00 April 25,2000 FW-CFW9816 4 PROPOSAL 1317 871 7854 G `( 9:4E A c r :T l:t�G1KEEk1r1G FA" 1.°.E. Iram Nov. 1srom wsea"I"Ou"watts UNIT 11M Palce UNIT PINCE -TOTAL IN 1200111 31 3 EA. FUmhh and InaMill Vacuum last for . MaMtols,otata in pIaG1.�^ C• -�_H poltats atrld �---- rartfs por each. $O. SPO g 150:00 32 t EA. Furnish end kwtWi 4-Inch Okm t q Sewor sovica Connect,comp)"In pace. — Five Wired poliara and- KU 2 Cents per fecal. 00 33 5d L.F. Punish and In3tau 4-Inch Slanitary Sower Lin*,C'OfitMMO In plaft, l W Can QWlare and ►U e..�- Cants >j_ zc°oo-- i• ( per lwmer Ica 34 4 F-A. FurAlsh and Ir"I wets IGM M Mhole Inam.02mPlete In pleas, M''.k.K..-- m._.. DoNars p;d� ✓1.o Garb 6 40-00 S l`O.Oo 315 1 EA. Fumtth #Ad Instal Ccric s Collar for tiaretbuy�Sawar Matoie lata In Placa en . -Two f+�QQhern d vt� ��_ Cant! y5�° ZSD.00 pet each. S 38 5 C Y. Furnish and W"t CruNtsd Umeotam for miscollanvouk Woo rnent vamplala In 01866, E Dollars and rt.o ..,...,Cents p®r yard. $�•o� $ 5.00 37 S C.Y. Furnish and install Cis"OW(280M for Mtsoellpnso" Plaaetnafnt, Con+plate In pleta,.� I-�°y� Dollars and _yto Cants W Cubic y.tlt. 00 30 5 C Y Furrmish and loll Class `E'(15000) for -� MlaOetlpna lWaaantanfootttplste h place� LY a and__ na Cant, der MIC yard. S s 00 g.?S•o - r• 30 20 L.F. rumish And Install 6-Inch Sanitary Bawer, All De the, cotnplat�in ptaoe� _ .. s Dollars and ---�__ +,_Cants Z(..co UD 5 2 o.00 per Ilnew bet. 5 i___T... ....�„ SUBTOTAL for Sews Moms.2.3.3!) S�,`� q�—��-y4\ +a.seoo FW.CPW"ts 6 Derv. I! 9SSbt SLTB F JlSa3h B �ltid 'JNtiIH� Ttp:OZ 00/FoT/SO Soo/good TGUON BASE BID ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS DRYDEN ROAD PAVING 40 1 L.S. Furnish and install Utilit Adjustment, complete in place, Four �yL45m0ollars and No Cents per lump sum. $4,000,00 $ 4,000.00 41 2 EA. Furnish and install Project Designation Sign, complete in place, free— 14u.Kdred Dollars and 442 Cents pereach. $ Soo-on $ 400. acs 42 2,050 L.F. Remove Existing Concrete Curb and Gutter, -'w® Dollars and A-'P a Cents per linear foot. $ T-• SCS $ 1?% 00 43 6,360 S.F. Remove Existing Driveways, Sidewalks, Leadwalks,and Ramps,complete in place, Alo Dollars and 'St`yd34 Cents per square foot. 1 $ ° $ 3,Sf • QD 44 1,300 C.Y. Furnish Unclassified Street Excavation, complete in place, 51 X. Dollars _. and kleg Cents per cubic yard. $ 7, roo•a0 45 4861 S.Y. Furnish and install 6" Lime Stabilized Subgrade, complete in place, :Zly o Dollars and flea Cents per square yard. $ Z.DD $ 9,-7 -co 46 73 TON Furnish and install Dry Lime, complete in place, One kuAAdrtd reA Dollars andyi.n Cents perton. $ 110.00 $ 8f730.00 47 8 EA. Adjust Water Valves, complete in place, Three Hundred Dollars and No Cents $300.00 $ 2.400.00 per each. 48 3 EA. Adjust Manholes, complete in place, Three Hundred Fifty Dollars and No Cents $350.00 $ 1,050.00 per each. 49 1 EA. Adjust Water Meter Box,complete in place, Thirty-Five Dollars and Cents per each. $35.00 $ 35.00 April 25, FW-CFW9816 6 PROPOSAL BASE BID ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS 50 4,402 S.Y. Furnish and install 6-inch Reinforced Concrete Pavement, complete in place, rwerJid `1•Itre-e.. Dollars and 14-0 Cents per square yard. $ Z . Q0 5 to zno 51 125 TONS Furnish and install 7-inch H.M.A.C. Transition Pavement, complete in place, SGvar+•f y 4V E, Dollars and ^�� Cents per ton. $ '7s.00 $ q,37 S. o® 52 50 C.Y. Furnish and install Top Soil, complete in place, Eleven Dollars and No Cents per cubic yard. $ 11.00 $ 550.00 53 6,012 L.F. Furnish and install Silicone Joint Sealer, complete in place, QKe- Dollars and YL.0 Cents per linear foot. $ 1.00 $ too 012-00 54 1,885 L.F. Construct 7-inch Monolithic Curb,complete in place, I—wo Dollars and -K-At3 Cents per linear foot. $ z•50 $ 4717 55 2,422 S.F. Construct 6-inch Concrete Driveways, complete in place, r Dollars and ✓ta Cents per square foot. $ !2p $ `SS.OD 56 200 S.F. Furnish and install 6-inch Flex Base for Transition Driveways, as directed by Engineer, complete in place, Th✓e e_ Dollars and � Cents Im per square foot. $ 3.00 $ 600.00 57 5,393 S.F. Construct Concrete Sidewalks,Leadwalks, PF and Wheelchair Ramps,complete in place, Mage- Dollars and S werf'Ue_ Cents per square foot. $ $ 7,o Zt3.75 58 199 L.F. Construct Concrete Curb and Gutter, complete in place,-7-v cwt Dollars and #11�0 Cents per linear foot. $ Z/• 00 $ 411 co 59 50 L.F. Install 6-inch Diameter Subdrain,complete in place, Es rrjee n Dollars and /LO Cents per linear foot. $ 115.00 $ '750.00 SUBTOTAL for Paving (Items 40 -59) $ 9� . April 25,2000 r. FW-CFW9816 7 PROPOSAL BASE BID ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS DRYDEN ROAD DRAINAGE 60 500 C.Y. Furnish and install Trench Excavation and Backfill for Removal of Existing Storm Sewer, corn late in place, Four' Dollars and rt.o Cents per cubic yard. $ 4. 00 $ Z&000.pp 61 197 L.F. Furnish and install 21-inch Class III Reinforced Concrete Pipe, complete in place, -�or4cr. Dollars and rto Cents per linear foot. $ 40-00 $ -18890' 94) �• 62 18 L.F. Furnish and install 21-inch Class IV Reinforced Concrete Pipe), complete in place, IPS, Dollars and vte Cents per linear foot. $ 00• yc $ qyo•Qd:t 63 31 L.F. Furnish and install 24-inch Class III Reinforced Concrete Pipe, complete in place, =r4j% ,fir Dollars and rloo Cents per linear foot. $ 44. of? $ 1,3lv�•DD 64 20 L.F. Furnish and install 30-inch Class III Reinforced Concrete Pipe, complete in place, riltL ytiriec Dollars and vt... Cents per linear foot. $ '53.W $ 65 271 L.F. Furnish and install 33-inch Class IV IP Reinforced Concrete Pipe, complete in place, F;'Gb„ 1Wk P, Dollars and ries Cents per linear foot. $ 6-9- 00 $ l5 98'9 66 12 L.F. Furnish and install 36-inch Class IV Reinforced Concrete Pipe, complete in place, StY Dollars and Cents per linear foot. $ 408.00 $ 1/(0.00 67 25 L.F. Furnish and install 42-inch Class IV Reinforced Concrete Pipe, complete in place, -�`s'uc. Dollars and AL& Cents per linear foot. $ GI5.00 $ z 3?S tao 68 8 EA. Construct qtandard 10-foot Inlet, complete in place, e-4 rej fJDollars and r7.n Cents per each. $ /,900. oD $ l S 7"00. 00 April 25,2000 FW-CFW9816 8 PROPOSAL BASE BID ITEM EST. UNIT DESCRIPTION WITH UNIT BID PRICE UNIT PRICE TOTAL NO. QTY. IN WORDS 69 2 EA. Construct Standard 4' x 4' Junction Box, complete in place, Sf;CAoex kfimd4llars and Cents per each. $0lna. 017 $ 3c 2.00• ov 70 2 EA. Construct Standard' ' Junction oox, complete in place,';!x 5°Kg flLtWe and k142 Cents per each. $ ?,l Do.tiv 71 574 L.F. Furnish and install Trench Safety for Depth of 5' and Over as directed by Engineer, complete in place, E)Ke Dollars and ►2a Cents per linear foot. $ <74-•80 72 4 EA. Remove Existing 5'Inlet(Top and Bottom), Four I+U"r'ej Dollars and r1a Cents per each. $ 400- 09 $ 1 (poo. 00 73 4 EA. Remove Existing 10' Inlet (Top and Bottom), rive, 9ccecdl,4d Dollars and ✓112 Cents per each. $ SoO.00 $ Z,000.ao 74 547 L.F. Remove All Existing Storm Sewer(15"to 42") Lines and Laterals, as shown on plans, Threr Dollars and r» Cents per linear foot. $ 3.00 $ "(041-470 75 2 EA. Remove Existing Storm Sewer Manhole, complete in place,5ixDollars and ✓1.0 Cents per each. $ 4,00. ,00 $ 1 Zoo, opo SUBTOTAL for Drainage (Items 60 -75) $ $_ (Pip 9 99.00 TOTAL FOR WATER, SEWER, PAVING, AND DRAINAGE $ 351,14-?- April 25,2000 FW-CFW9816 9 PROPOSAL Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5%is to become the property of the City of Fort Worth,Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certifies 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 agrees to pay not less than the "Prevailing Wage Rates" as established by the'City of Fort Worth, Texas. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 67 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 1 (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials)-✓ot� Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) April 25,2000 FW-CFW9816 10 PROPOSAL I Res ectfull submitted P Y , F zv� By: ' e Pre f&Jd tt Address P e. &EIE 16 r1)4 FF Telephone: 901-534- 04B (Seal) �A FW-CFVV9816 April 25,2000 PROPOSAL t F i F f - 8 - GENERAL CONDITIONS (Water Department) ■ PART C - GENERAL CONDITIONS TABLE OF CONTENTS NOVEMBER, 1, 1987 TABLE OF CONTENTS - C1-1 DEFINITIONS C1-1. 1 Definition of Terms C1-1 (1) C1-1. 2 Contract Documents C1-1 (1) C1-1. 3 Notice to Bidders C1-1 (2) C1-1. 4 Proposal C1-1 (2 ) C1-1.5 Bidder C1-1 (2 ) C1-1.6 General Conditions C1-1 (2) C1-1.7 Special Conditions C1-1 (2 ) C1-1.8 Specifications C1-1 (2 ) C1-1.9 Bond C1-1 (2) C1-1.10 Contract C1-1 (3) C1-1.11 Plans C1-1 (3 ) C1-1.12 City C1-1 (3 ) C1-1.13 City Council C1-1 (3) C1-1.14 Mayor C1-1 (3) C1-1.15 City Manager Cl-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 Cl-1 ( 4 ) C1-1. 24 Calendar Day Cl-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 Cl-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 ) y C2-2.5 Rejection of Proposals C2-2 (3 ) C2-2. 6 Bid Security C2-2 (3 ) (1) 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 C6-6. 9 Use of Explosives, Drop Weight, etc. C6-6 (5 ) C6-6.10 Work Within Easements C6-6 (6) C6-6.11 Independent Contractor C6-6 (8 ) C6-6.12 Contractor ' s Responsibility for Damage Claims C6-6 (8) C6-6.13 Contractor ' s Claim for Damages C6-6 (10) C6-6.14 Adjustment of Relocation of Public Utilities, etc. C6-6 (10) C6-6.15 Temporary Sewer Drain Connections C6-6 (10) C6-6.16 Arrangement and Charges of Water Furnished by City C6-6 (11) C6-6.17 Use of a Section of Portion of the Work C6-6 (11) C6-6.18 Contractor ' s Responsibility for Work C6-6 (11) C6-6.19 No Waiver of Legal Rights C6-6 (12) C6-6. 20 Personal Liability of Public Officials ' C6-6 (12) C6-6. 21 State Sales Tax C6-6 (12) C7-7 PROSECUTION AND PROGRESS C7-7.1 Subletting C7-7 (1) C7-7.2 Assignment of Contract C7-7 (1 ) C7-7.3 Prosecution of the Work C7-7 (1) C7-7.4 Limitations of. Operations C7-7 (2 ) C7-7.5 Character of Workman and Equipment C7-7 (2 ) C7-7. 6 Work Schedule C7-7 (3 ) C7-7.7 Time of Commencement and Completion C7-7 (4) C7-7. 8 Extension of time of Completion C7-7 (4 ) C7-7.9 Delays C7-7 (4 ) C7-7.10 Time of Completion C7-7 (5) C7-7.11 Suspension by Court Order C7-7 (6 ) , C7-7.12 Temporary Suspension C7-7 (6 ) C7-7.13 Termination of Contract due to National Emergency C7-7 (7) C7-7.14 Suspension of Abandonment of the Work and Annulment of Contract C7-7 (7) C7-7.15 Fulfillment of Contract C7-7 (9 ) C7-7.16 Termination for Convenience of the Onwer C7-7 (10) C7-7.17 Safety Methods and Practices C7-7 (13 ) C8-8 MEASUREMENT AND PAYMENT C8-8.1 Measurement of Quantities C8-8 (1) C8-8. 2 Unit Prices C8-8 (1) (3) PART C - GENERAL CONDITIONS C1-1 DEFINITIONS SECTION C1-1 DEFINITIONS C1-1 . 1 DEFINITIONS OF TERMS : Whenever in these Contract Documents the following terms or pronouns in place of them are used , the intent and meaning shall be understood and interpreted as follows: C1-1. 2 CONTRACT DOCUMENTS: The Contract' Documents are all of the written and drawn documents , such as specifications , bonds , addenda , plans , etc . , which govern the terms and performance of the contract . These are contained in the General Contract Documents and the Special Contract Documents, op 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) i 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) I 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 r City Manager of the City of Fort Worth, Texas , or his duly authorized representative. C1-1. 16 CITY ATTORNEY: The officially appointed City Attorney of the City of Fort Worth , Texas , or his duly authorized representative. C1-1 (3 ) M 1. New Year' s Day January 1 2. M. L. King, Jr. Birthday, Third Monday in January 3. Memorial Day Last Monday in May 4 . Independence Day July 4 5 . Labor Day First Monday in September 6 . Thanksgiving Day Fourth Thursday in November 7. Thanksgiving Friday Fourth Friday in November 8. Christmas Day December 25 9. Such other days in lieu of holidays as the City Council may determine When one of the above named holidays or a special holiday is declared by the City Council , ' falls on Saturday, the holiday shall be observed on the preceding Friday or if it falls on Sunday, it shall be observed on the following Monday, by those employees working on working day operations . Employees working calendar day operations will consider the calendar holiday as the holiday. C1-1. 26 ABBREVIATIONS: Wherever the abbreviations defined herein appear in Contract Documents , the intent and meaning shall be as follows: AASHTO - American Association of MGD - Million Gallons Per State Highway Transportation Day Officials ASCE - American Society of Civil CFS - Cubic Foot per Engineers Second LAW - In Accordance With ASTM - American Society of Min. - Minimum Testing Materials Mono.- Monolithic AWWA - American Water Works % - Percentum Association R - Radius ASA - American Standards Association I.D. - Inside Diameter HI - Hydraulic Institute O. D . - Outside Diameter Asph. - Asphalt Elev.- Elevation Ave. - Avenue F - Fahrenheit Blvd. - Boulevard C - Centigrade CI - Cast Iron In. - Inch CL - Center Line Ft. - Foot GI - Galvanized Iron St. - Street Lin. - Linear or Lineal CY - Cubic Yard lb. - Pound Yd. - Yard MH - Manhole SY - Square Yard Max. - Maximum L. F. - Linear Foot D. I. - Ductile Iron C1-1 (5) Fin SECTION C - GENERAL CONDITIONS ON C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL SECTION C2-2 INTERPRETATION AND PREPARATION OF PROPOSAL C2-2 . 1 PROPOSAL FORM: The Owner will furnish bidders with proposal form, which will contain an itemized list of the items of work to be done or materials to be furnished and upon which bid prices are requested. The Proposal form will state the Bidder ' s general understanding of the project to be completed, provide a space for furnishing the amount of bid security , and state the basis for entering into a formal contract. The Owner will furnish forms for the Bidder ' s " Experience Record, " "Equipment Schedule, " and "Financial Statement, " all of which must be properly executed and filed y with the Director of the City Water Department one week prior to the hour for opening of bids. The financial statement required shall have been prepared by an independent certified public accountant or an independent public accountant holding a valid permit' issued by an appropriate state licensing agency, and shall have been so prepared as to reflect the current financial status . This statement must be current and not more than one ( 1) year old. In the case that a bidding date falls within the time a new statement is being prepared, the previous statement shall be updated by proper verification. Liquid assets in the amount of ten ( 10% ) percent of the estimated project cost will be required. For an experience record to be considered to be acceptable for a given project, it must reflect the experience of the firm seeking qualification in work of both the same nature and magnitude as that of the project for which bids are to be received , and such experience must have been on projects , completed not more than five ( 5 ) years prior to the date on which are to be received . The Director of the Water department shall be sole judge as to the acceptability of experience for qualification to bid on any Fort Worth Water Department project. The prospective bidder shall schedule the equipment he has available for the project and state that he will rent such additional equipment as may be required to complete the project on which he submits a bid. C2-2 . 2 INTERPRETATION OF QUANTITIES: The quantities of work and materials to be furnished as may be listed in the proposal f C2-2 (1 ) „. Owner nor the Engineer guarantee that the data shown is representative of conditions which actually exist. C2-2. 4 SUBMITTING OF PROPOSAL: The Bidder shall submit his Proposal on the form furnished by the Owner. All blank spaces applicable to the project contained in the form shall be correctly filled in and the Bidder shall state the prices , - written in ink in both words and numerals , for which he proposes to do the work contemplated or furnishe the materials required. All such prices shall be written legibly. In case of discrepancy between the price written in words and the price written in numerals, the price most advantageous to the City shall govern. If a proposal is submitted by an individual, his or her name must be signed by him (her) or his (her) duly authorized agent. If a proposal is submitted by a firm, association , or partnership, the name and address of each member must be given , and the proposal must be signed by a member of the firm, association , or partnership , or by a person duly authorized . If a proposal is submitted by a company or corporation, the company or corporate name' and business address must be given, and the proposal signed by an official or duly authorized agent. The corporate seal must be affixed. Power of Attorney authorizing agents or others to sign proposal must be properly certified and must be in writing and submitted with the proposal. C2-2. 5 REJECTION OF PROPOSALS: Proposals may be rejected if they show any alteration of-words or figures , additions not called for , conditional or uncalled for alternate bids, incomplete bids, erasures , or irregularities of any kind, or contain unbalance value of any items . Proposal tendered or delivered after the official time designated for receipt of proposal shall be returned to the Bidder unopened. C2-2. 6 BID SECURITY: No proposal will be considered unless it -- is accompanied by a "Proposal Security” of the character and in the amount indicated in the "Notice to Bidders " and the "Proposal . " The Bid Security is required by the Owner as evidence of good faith on the part of the Bidder, and by way of a guaranty that if awarded the contract, the Bidder will within the required time execute a formal contract and furnish the required performance and other bonds. The bid security of the three lowest bidders will be retained until the contract is awarded or other disposition is made thereof . The bid security of all other bidders may be returned promptly after the canvass of bids. C2-2(3 ) - Owner reserves the right to waive any and all irregularities and to make the award of the contract to the best interest of the City. Tendering a proposal after the closing hour is an irregularity which cannot be waived. C2 - 2 . 12 DISQUALIFICATION OF BIDDERS : Bidders may be disqualified and their proposals not considered for any of , but not limited to, the following reason: a. Reasons for believing that collusion exists among bidders. b. Reasonable grounds for believing that any bidder is interested in more than one proposal for work contemplated. C. The bidder being interested in any litigation against the Owner or where the Owner may have a claim against or be engaged in litigation against the bidder. d. The bidder being in arrears on any existing contract or having defaulted on a previous contract. e. The bidder having performed a prior contract in an unsatisfactory manner. f. Lack of competency as revealed by the financial statement , experience record, equipment schedule, and such inquiries as the Owner may see fit to make. g. Uncompleted work which , in the judgment of the Owner, will prevent or hinder the prompt completion of additional work if awarded. h. The' bidder not filing with the Owner , one week in advance of the hour of the opening of proposals the following: 1. Financial Statement showing the financial condition of the bidder as specified in Part "A" - Special Instructions. 2 . A current experience record showing especially the projects of a nature similar to the one under consideration , which have been successfully completed by the Bidder. 3. An equipment schedule showing the equipment the bidder has available for use on the project. The Bid Proposal of a bidder who, in the judgment of the Engineer , is disqualified under the requirements stated herein, shall be set aside and not opened. C2-2(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 bye 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 INN in employment practices. C3-3 (1) 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 rmade on the project by *the City. b. MAINTENANCE BOND : A good and sufficient maintenance bond, in the amount of not less than 100 percent of the amount of the contract, as evidenced by the proposal tabulation or otherwise, guaranteeing the prompt , full and faithful performance of the general guaranty which is set forth in paragraph C8-8.10. C. PAYMENT BOND: A good and sufficient payment bond, in an amount not less than 100 percent of the amount of the contract , as evidenced by the proposal tabulation or otherwise , guaranteeing the prompt, full and faithful payment of all claimants as defined in Article 5160 , Revised Civil Statutes of Texas , 1925 , as amended by House Bill 344 Acts 56th Legislature, Regular Session, 1959 , effective April 27 , 1959 , and/or the latest version thereof, supplying labor and materials in the prosecution of Ithe 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 i by these Contract Documents shall be furnished by the Contractor. No sureties will be accepted by the Owner which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner . All bonds shall be made on the forms furnished by the Owner and shall be - executed by an approved surety company doing business in the City of Fort Worth , Texas, and which is acceptable to the owner . In order to be acceptable, the name of the surety shall be included on the current U . S . Treasury list of acceptable sureties, and the amount of bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Each bond shall be properly executed by both the Contractor and Surety Company. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given the Contractor to that effect and the Contractor shall immediately provide a C3-3 (3 ) certificate of insurance for approval. The prime contractoc 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 Inshrance) in an amount not less than $ 500 , 000 covering each occurrence on account of bodily injury, including death, and in an amount not less than $ 500 , 000 covering each occurrence on account of property damage with $2,000,000 umbrella policy coverage. C. ADDITIONAL LIABILITY : The Contractor shall furnish insurance as separate policies or by dadditional 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 undergrc•xnd utilities foc $500, 000. C3-3 (5) 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 North-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 Y 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) PART C - GENERAL CONDI'T'IONS 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 14-4 (1) suggested by the Owner and shall give the Owner access to all accounts , bills , vouchers , and records relating to the Extra Work. No "Change Order" shall become effective until it has been approved and signed by each of the Contracting parties. No claim for Extra Work of any kind will be allowed unless ordered in writing by the Owner . In case any orders or instructions , either oral or written, appear to the Contractor to involve Extra Work for which he should receive compensation , he shall make written request to the Engineer for written orders authorizing such Extra Work , prior to beginning such work. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof , and the Engineer insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep an accurate account of the actual reasonable cost thereof as provided under method ( Item C ) . Claims for extra work will not be paid unless the Contractor shall file his claim with the Owner within f1ve ( 5 ) days before the time for making the first estimate after such work is done and unless the claim is supported by satisfactory vouchers and certified payrolls covering all labor and materials expended upon the said Extra Work. The Contractor shall furnish the Owner such installation records of all deviations from the original Contract Documents as may be necessary to enable the Owner to prepare for permanent record a corrected set of plans showing the actual installation. The compensation agreed upon for ' extra work' whether or not iniitiated by a 'change order ' shall be a full , complete and final payment Eor all costs Contractor incurs as a result or , relating to the change or extra work , whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost , or any other effect on changed or unchanged work as a result or the change or extra work. C4-4 . 6 SCHEDULE OF OPERATIONS: Before commencing any work under this contract, the Contractor shall submit to the Owner and receive the Owner ' s approval thereof, a "Schedule of Operations , " showing by a straight line method the date of commencing and finishing each of the major elements of the contract. There shall be also shown the estimated monthly cost of work for which estimates are to be expected. There ::4-4 ( 3 ) C. Durations shall be in calendar days and normal holidays and weather conditions over the duration of the contract shall be accounted for within the duration of each activity. d. One critical path shall be shown on the construction schedule. e. Float time is defined as the amount of t.i.me between the earliest start date- and the latest start date of a- chain of- activities of the CPM construction schedule.: Float time iz not Lor the exclusive use or benefit of either- the Contractor or the Owner,; f. Thirty days- shall be used for -submittal .review unless otherwise specified. The construction sch-edule .shall as, a .minimum. be divided into general categories • asf .indicated in the- Proposal and Technical Specifications- and .each general -category- shall be broken down into activities in enough detail .tg achieve- activities of approximately fourteen (14 ) days duration. }� For each general category, the construction schedule shall l identify all trades or subcontracts whose work is represented by activities that follow the guidelines of this Section. For each of the trades or subcontracts , the construction schedule shall indicate the following procurements , construction and preacceptance activities and events in their logical sequence for equipment and materials. " 1 . Preparation and transmittal of submittals. 2. Submittal review periods. 3 . Shop fabrication and delivery. 4 . Erection or installation. 5 . Transmittal of manufacturer ' s operation and maintenance instructions . 6 . Installed equipment and materials testing. 7 . Owner ' s operator instruction ( if applicable) . S . Final inspection. C4-4 (5) F r PART C - GENERAL CONDITIONS C5-5 CONTROL OF WORK AND MATERIALS SECTION C5-5 CONTROL OF WORK AND MATERIALS C5-5 . 1 AUTHORITY OF ENGINEER: The work shall be performed to the satisfaction of the Engineer and in strict compliance with the Contract Documents . He shall decide all questions which arise as to the quality and acceptability of materials furnished , work performed, rate of progress of the work, overall sequence of the construction, interpretation of the Contract Documents , acceptable fulfillment of the contract, compensation, mutual rights between Contractor and Owner under these Contract Documents, supervision of the work, resumption of operations, and all other questions or disputes which may arise . Engineer will not be responsible for Contractor ' s means , methods , techniques , sequences or procedures of construction , or the safety precaution and programs incident thereto, and he will not be responsible for' Contractor ' s failure to perform the work in accordance with the contract documents. y He shall determine the amount and quality of the work completed and materials furnished, and his decisions and estimates shall be final. His estimates in such event shall be a condition to the right of the Contractor to receive money due him under the Contract . The Owner shall have executive authority to enforce and make effective such necessary decisions and orders as the Contractor fails to carry out promptly. In the event of any dispute between the Engineer and Contractor over the decision of the Engineer on any such matters , the Engineer must, within a reasonable time, upon written request of the Contractor, render and deliver to both the Owner and Contractor, a written decision on the matter in controversy. ' C5-5 . 2 CONFORMITY WITH PLANS: The finished project in all cases shall conform with lines , grades , cross-sections , - finish , and dimensions shown on the plans or any other requirements otherwise described in the Contract Documents . Any deviation from the approved Contract Documents required by the Engineer during construction will in all cases be determined by the Engineer and authorized by the Owner by Change Order. C5-5 (1) adequately provide for the safety or convenience of the traveling public or the owners of property across which the project extends or the safety of property contiguous to the project routing. The Contractor shall provide all facilities to enable the Engineer and his inspector to examine and inspect the workmanship and materials entering into the work. C5-5 . 5 EMERGENCY AND/OR RECTIFICATION WORK: When, in the opinion of the Owner or Engineer, a condition of emergency exists related to any part of the work, the Contractor, or the Contractor through his designated representative , shall respond with dispatch to a verbal request made by the Owner or Engineer to alleviate the emergency condition . Such a response shall occur day or night, whether the project is scheduled on a calendar-day or on a working-day basis. Should the Contractor fail to respond to a request from the Engineer to rectify any discrepancies , omissions , or corrections necessary to conform with the requirements of the project specifications or plans , the Engineer shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract . The City shall then deduct an amount equal to the entire costs for such remedial action, plus 25% , from any funds due the Contractor on the project. C5-5 . 6 FIELD OFFICE: The Contractor shall provide, at no extra compensation , an adequate field office for use of the Engineer , if specifically called for. The field office shall be not less than 10 by 14 feet in floor area, substantially constructed,, well heated , air conditioned , lighted, and weather-proof , so that documents will not be damaged by the elements. C5-5 . 7 CONSTRUCTION STAKES: The City, through its Engineer, will furnish the Contractor with all lines , grades , and measurements necessary to the prgper prosecution and control of the work contracted for under these Contract Documents , and lines , grades and measurements will be established by means of & stakes or other customary method of marking as may be found consistent with good practice. C5-5 (3 ) C5-5 . 9 INSPECTION: The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements of the Contract Documents . If' the Engineer so requests , the Contractor shall , at any time before acceptance of the work, remove or uncover such portion of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Contract Documents. Should the work exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as extra work, but should be work so exposed or examined prove to be unacceptable , the uncovering or removing and the replacing of all adjacent defective or damaged parts shall be at the Contractor ' s expense. No work shall be done or materials used without suitable supervision or inspection. C5-5 . 10 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All work, materials , or equipment which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans , except as herein specifically provided, or 'any Extra Work done without written authority, will be considered as unauthorized and done at the expense of the Contractor and will not be paid for by the Owner . Wo.'k so done may be ordered removed at the Contractor ' s expense. Upon the failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this paragraph, the Engineer will have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and the cost thereof may be deducted from any money due or to become due to the Contractor . Failure to require the removal of any defective or unauthorized work shall not constitute acceptance of such works. C5 - 5 . 11 SUBSTITUTE MATERIALS OR EQUIPMENT : If the Specifications , law, ordinance, codes or regulations permit Contractor to furnish or use a substitute that is equal -to any material or equipment specified, and if Contractor wishes to r furnish or use a proposed substitute , he shall, prior to the preconstruction conference , make written application to ENGINEER for approval of such substitute certifying in- writing that the proposed substitute will perform adequately the Functions called for by the general design, be similar and of equal substance to that specified an'd be suited to the same use and capable of performing the same function as that specified; and identifying all variations of the proposed C5-5 (5 ) ground, and shall be placed under cover when directed. Stored materials shall be placed and located so as to facilitate prompt inspection. C5-5 . 14 EXISTING STRUCTURES AND UTILITIES: The location and dimensions shown on the Plans relative to existing utilities are based on the best information available. Omission from, 'or the inclusion of utility locations on the Plans is not to be considered as the nonexistence of, or a definite location of, existing underground utilities. The location of many gas mains , water mains , conduits , sewer lines and service lines for all utilities , etc. , is unknown to the Owner , and the Owner assumes no responsibility for failure to show any or all such structures and utilities on the plans or to show them in their exact location. It is mutually agreed that such failure will not be considered sufficient basis for claims for additional compensation for Extra Work or for increasing the pay quantities in any manner whatsoever, unless an obstruction encountered is such as to necessitate changes in the lines and grades of considerable magnitude or requires the building of special works, provision for which is not made in the Contract Documents , in which case the provision in these Contract Documents for Extra Work shall apply. It shall be the Contractors responsibility to verify locations of adjacent and/or' conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as necessary in the construction process to provide adequate clearances . The Contractor shall take all necessary precautions in order to protect all existing utilities , structures and service lines . Verification of existing utilities, structures and service lines shall include notification of all utility companies at least forty eight ( 48) hours in advance of construction including exploratory excavation if necessary . All verification of existing utilities and their adjustment shall be considered as , subsidiary work. C5-5.15 INTERRUPTION OF SERVICE: a. a. Normal Prosecution: In the normal prosectuion of work where the interruption of service is necessary, the Contractor, at least 24 hours in advance, shall be required to: 1. Notify the Water Department ' s Distribution Division as to location, time , and schedule of service interruption. C5-5 (7) unsatisfactory procedure, the City may take such direct action as the Engineer deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct action, plus 25% of such costs , shall be deducted from monies due or to become due to the Contractor. Upon the completion of the project as a whole as covered by these Contract Documents , and before final acceptance and final payment will be made, the Contractor shall clean and remove from the site of the project all surplus and discarded materials , temporary structures, and debris of every kind. He shall leave the site of all work in a neat and orderly condition equal to that which originally existed. Surplus and waste materials removed from the site of the work shall be disposed of at locations satisfactory to the Engineer. The Contractor shall thoroughly clean all equipment and materials installed by him and shall deliver over such materials and equipment in a bright, clean , polished and new appearing condition . No extra compensation will be made to the Contractor for any clean-up required on the projgct. C5-5. 18 FINAL INSPECTION; Whenever the work provided for in and contemplated under the Contract Documents has been satisfactorily completed and final cleanup performed, the Engineer will notify the proper officials of the Owner and request that the Final inspection be made. Such inspection will be made within 10 days after such notification. After such final inspection, if the work and materials and equipment are found satisfactory, the Contractor will be notified in writing of the acceptance of the same after the proper resolution has been passed by the City Council . No time charge will be made against the Contractor between said date of notification of the Engineer and the date of final inspection of the work. C5-5 (9 ) PART C - GENERAL CONDITIONS C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY SECTION C6-6 LEGAL RELATIONS AND PUBLIC RESPONSIBILITY C6-6.1 LAWS TO BE OBSERVED: The Contractor shall at all times observe and comply with all Federal and State Laws and City ordinances and regulations which in any way affect the conduct of the work or his operations, and shall observe and comply with all orders, laws, ordinances and regulations which exist or which may be enacted later by bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof will be considered. The Contractor and his Sureties shall indemnify and save harmless the City and all 'of its officers , agents, and employees against any and all claims or liability arising from or based on the violation of any such law, ordinance, regulation, or order, whether it be by himself or his employees. C6-6. 2 PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges , costs and fees , and give all notices necessary and incident to the due and lawful prosecution of the work. C6-6 . 3 PATENTED DEVICES, MATERIALS AND PROCESSES : If the Contractor is required or desires to use any design , device, material, or process covered by letter, patent, or copyright, he shall provide for such use by suitable legal agreement with the patentee or owner of such patent, letter, or copyrighted design . It is mutually agreed and understood that without exception the contract prices shall include all royalties or cost arising from patents, trade-marks, and copy rights in any way involved in the work. The Contractor and his sureties shall indemnify and save harmless the Owner from any and all , claims for infringement by reason of the use of any such patented design , device , material or process , or any trade-mark or copy right in connection with the work agreed to be performed under these Contract Documents , and shall indemnify the Owner for any cost, expense, or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work, provided, however, that the Owner will assume the responsibility to defend any and all suits brought for the infringement of any patent claimed to be infringed upon by the design , type of construction or material or equipment specified in the Contract Documents furnished the Contractor by the Owner , and to hold the Contractor harmless on account of such suits . C6-6 (1) gas valves , or manholes in the vicinity. The Owner reserves the right to remedy any neglect on the part of the Contractor as regards to public convenience and safety which may come to its attention, after twenty-four hours notice in writing to the Contractor, save in cases of emergency when it shall have the right to remedy any neglect without notice, and in either case, the cost of such work done or materials furnished by the Owner or by the City shall be deducted from monies due or to become -due to the Contractor. The Contractor, after approval of the Engineer, shall notify the Fire Department Headquarters, Traffic Engineer , and Police Department, when any street or alley is requested to be closed or obstructed or any fire hydrant is to be made inaccessible , and, when so directed by the Engineer, shall keep any street, streets, or highways in condition for unobstructed use by fire apparatus . The Contractor shall promptly notify the Fire Department Headquarters when all such obstructed streets , alleys, or hydrants are again placed back in service. Where the Contractor is required to construct temporary bridges or make other arrangements for crossing, over ditches or streams , his responsibility for accidents in connection with such crossings shall include the roadway approaches as well as the structures of such crossings. The Contractor shall at all times conduct his operation and the use of construction machinery so as not to damage or destroy trees' and shrubs located in close proximity to or on the site of the work. Wherever any such damage may be done , ,M. the Contractor shall immediately satisfy all claims of property owners, and no payment will be made by the Owner in settlement of such claims. The Contractor shall file with the - Engineer a written statement showing all such claims adjusted. C6-6 . 6 PRIVILEGES OF CONTRACTOR IN STREETS, ALLEYS, AND RIGHT-OF-WAY: For the performance of the contract , the Contractor will be permitted to use and occupy such .portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City , as shown in the Contract Documents , or as may be specifically authorized in writing by the Engineer . A reasonable amount of tools , materials , and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations . Excavated and waste materials shall be piled or stacked in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. If the street is occupied by railway tracks, the work shall be C6-6 (3)