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Contract 48577
I CITY SECRETARY crry smm'ARY/ CONTRACT NO. D.O.E. FILE cotORACTOR'S BOOM(' FORT WORTH CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR ON-CALL STREET LIGHT CONTRACTOR Tpw Project No.!TPNV`TM-101:G'01 Betsy Price David Cooke Mayor City Manager Dougias W. wiers-4g, P.E Director,Transportatlon,and Public Works Depaxtmeftt Prepared for The City of Fort Worth Transportation and Public.Worts Department 112 2 QUENELL T JOHNSONr ........... ...... ..... 007 C5 0 OFFICIAL.OFFICIAL. 11A RECORD 4Q CITY 8jACRffARY d ro 1.11 FT.WORTH,TX z VV 000010-1 TABLE OF CONTENTS Page 1 of 4 1 SECTION 00 00 10 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 00 05 15 Addenda 7 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalification 15 0045 12 Prequalification Statement 16 00 45 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 45 41 Small Business Enterprise Goal 20 00 52 43 Agreement 21 00 61 25 Certificate of Insurance 22 0062 13 Performance Bond 23 00 62 14 Payment Bond 24 00 62 19 Maintenance Bond 25 00 72 00 General Conditions 26 007300 Supplementary Conditions 27 28 Division 01-General Requirements 29 01 1100 Summary of Work 30 ( 01 25 00 Substitution Procedures 31 013119 Preconstruction Meeting 32 01 31 20 Project Meetings 33 01 32 16 Construction Progress Schedule 34 01 32 33 Preconstruction Video 35 013300 Submittals 36 0135 13 Special Project Procedures 37 014523 Testing and Inspection Services 38 01 50 00 Temporary Facilities and Controls 39 01 55 26 Street Use Permit and Modifications to Traffic Control 40 01 57 13 Storm Water Pollution Prevention Plan 41 0158 13 Temporary Project Signage 42 01 60 00 Product Requirements 43 01 66 00 Product Storage and Handling Requirements 44 01 70 00 Mobilization and Remobilization 45 01 71 23 Construction Staking 46 01 74 23 Cleaning 47 01 77 19 Closeout Requirements 48 01 78 23 Operation and Maintenance Data 49 01 78 39 Project Record Documents CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 00 0010-2 TABLE OF CONTENTS Page 2 of 4 1 _ 2 Technical Specifications which have been modified by the Engineer specifically for-this 3 Project; hard copies are included in the Project's Contract Documents 4 5 None 6 7 Technical Specifications listed below are included for this Project by reference and can be 8 viewd/downloaded from the City's Buzzsaw site at: 10 https://pr2jeetpoint.buzzsaw.com/foi.•twortheoy/Resources/30%20 11 %20New%20Development%20Resources/Specs%20and%20Contract%20Documents? 12 public 13 14 15 16 Division 02- 17 Existing Conditions 18 0241 13 Selective�ite Demolition 19 0241 14 Ut; ity nalhkban 20 024115 Paving Remeval 21 22 Division 03-Concrete 23 03 30 00 Cast-In-Place Concrete 24 033413 Geut:elled row tea.,.",,gt Material(G-L" 25 03 34 16 Genffete Base Material f6f!T�eneh Re. ' : 27 28 Division 26-•Electrical 29 26 05 00 Common Work Results for Electrical 30 2605 10 Demolition for Electrical Systems 31 26 05 33 Raceway and Boxes for Electrical Systems 32 260543 Uadefgreund Ducts and Raeeways for Eleetrieal Systems 33 • 34 Division 31-Earthwork 35 311000 Site Clea i ag 36 3123-16 U- i-fie Ea Ee afie„ 37 3123 Beffew 38 31 24 00 Embankments 39 31 25 00 &esienand Sediment Control, 40 31 36 00 Gable,,-S. -. 41 313700 --R*-ap 42 43 Division 32•-Exterior Improvements 44 320117 Peimanefii Asphalt Paving Rep 45 320118 Temporary 46 32 01 29 Conea.ete Paying n,,..ai 47 321123 Flei ble Base Courses 48 321129 Lime e T.-eaten Base r",,, " 49 32 1133 Gement Treated Base Courses So 3-21216 AsphaR P 'irxr� CITY OF FORT WORTH. On-Cal!Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPWTM-2016-01 Revised April 2,2014 00 00 10-3 TABLE OF CONTENTS Page 3 of 4 1 32 12 73 As"wlt Paving r:.e1.8 eµi ±y 2 3 -10 C_Ien eto b ter; 3 321320 Genefete Sidewalks-,Dr-�veways and Baffier fee Ramps 4 32 13 73Gonei!ete Pa-ving Pa-vimint Se la is 5 3214 16 Briek_Unit b i ariiA� C—tuers And Valley Cra#efs 7 321723 b. „t Matkings 8 32;311-113 Chain T fAi F.,. ees and Gates 9 323126 xxr F-.-yrs and Gates 10 323129 WeodFenees d Gates 11 32321 r t bile Concrete Retaining Wails, 12 32 91 19 Topsoil Placement and Finishing of Parkways 13 32 92 13 Hydro-Mulching, Seeding,and Sodding 14 32.93 43 T u.�a oto~µhv 15 16 Division 33-Utilities 17 33 0130 Se re:a dM,,..heleTa.,fmg 18 33 0i 31 Closed Gi tT r .' (GGT-V)r tion I l�L A Y J IAA•.]tJVV 19 :11 W 1n by AN b,.,, ;,, .,F3.e_xisl:__Ce.,..,"Vigstems i aline �b..�...r<........b .. ...,......,,.... 20 3304 1 n 21 3304 1r 11 ---Ge resicon Contr.l Test Stations 22 33-04 12 Magnesium n,tede!'+affi,.1;. Preteefie. ,.,.,Syst J 23 33 04 30 Terms'ate.r,,,.yiees 24 33 04 40 nlnaBirrgaad zreee ptance Testing of WateMains 25 330510 Utility Tenel, cxe uvaticfi,Bmb and Baekf ill , 26 33 45-1` xSt✓A tine ro, ere u� 27 33 051-31 Frame,Cover fi.1 r,..,, e Rugs 28 330514 Adjusting Manholes,Ifilets,Valve Boxes,and Other Stfuetures to Grade 29 330516 G.,ne f to xxr„te f xr.,WN 30 33-45-1 Cu v=ete_Ge1.lars 31 33-05 20 L- Iger B VA Ann 32 330521 Tunnel binef Plate- 33 late33 33-05-^2 Steel Casing Pipe 34 33-05 3 Hand Tunnel 35 330524 Matallatien ef Carrier Pipe in Casing er Tu�!Liner P! 36 33 05-26 Utility n,r,,,kersn eeaters 37 33 0530 1 xpl ,.t, .b >,uyrgioof+Existing_Utilities 38 33 1110 Dueti e ken-PipePipe 39 33 11 11 n etile lFe1:Fittings 40 3311-1 n Pol ).tr_±hlO gide(P*G)Pressure Pipe 41 33 1111 113 renue:e Pres -.e b.., e r � � 42 33 1H1 114 nursed Steel n to artd Fittings 43 33 1210 Water S VlVVA1 i.e to 2 ifi.1 . ai 44 331''-�2 111 Large Water 1,fetei-s 45 33�1220 Resilient Svut u u vValve 46 33 1221 n Wn osbbef Seated x. twerflJ ra ree 47 33 122 r eflefie,to Existing Water Mains 48 49 33 1240 PV aff C4 Fire Hydtat)tq 50 33 i2 so xxr +o, c,,,,,,les+..t:,,-.. CITY OF FORT WORTH ;� On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-'IM-2016-01 Revised April 2,2014 000010-4 TABLE OF CONTENTS Page 4 of 4 1 33 1260 Blow Valves 2 3331 12 Cured in Plaee Pipe 3 33 31 13 Fibe g4ass Reinforced nips r_ ,;+.,Sanitary Seweffl ur ter^ 4 3331 15 Pipe FeT Sanitary Sewers (Cffavity and For-ee Mains) 5 333120 Poly..;,,<,1 nr,l,,;a (PV-G)n..^ ity Sanit^,..,Sewer Pi e. 6 333121 33121 Polyvinyl f1lefido_(PVC) Closed Prefile GIa-yity Sanitary Q . .D; e 7 333122 Sanitary Sewer Slip Li 8 33 3i 23 Sanita+y Sewer Pipe Enlafgement 9 33 M so SankafySewer Se donee ens and Setv4ee bino 10 3334 70 Combination i+alyeof Sanitary SeewerForee crxsai 11 3339 10 Cast in Mase-C-enerete Mars 12 33 39 20 P-reeast Cenemte Manholes 13 3.3 3 9 30 -1i ib 1., s M,.,, o l e 14 3 3 3 9 400z7.;-astewater-Access-Cham'��,m-(WAC 15 33 99 60 cpv*y-Liners rfrSanitary Sewer--vtrue+areJ 16 33 411-10 Rehifereed-C-enerete Storm ewerPipe Guh ei 17 33 4111 HDPE Storm Sewer Pipe 18 33 4600 — Sub dfainage 19 33 4601 Sl t-ted-SStorm Drain 20 33-4602 m..ene D..^;,^ 21 33 49 10 Cam in Plaee Manholes and Boxes- 22 22 33 4920 Curb and PFep 23 33 49-40 Stem nage KeadNmlls and-;Ugw" 24 25 Division 34-Transportation 26 3441 10 Traffic Signals 27 34 41 13 Removing Traffic Signals 28 34 41 20 Roadway Illumination Assemblies 29 34 41 30 Aluminum Signs 30 3471 13 Traffic Control 31 32 Appendix 33 Qf'.t-4.n--0Availabilityvfi bands 34 GG 4.02 80sutfaee ,d bi„ ^l Conditions 35 FCS-4.04Unde1gr-otmd Facilities 36 GC 4.06 --- Ha5%rddecis-EHyirenmental Condition at Site 37 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 38 GG-6.07 Wage Rates 39 rte" 6.09-- Permits and Utilities 40 GC-6.24 Nondiscrimination 41 F 01 --Davis Baeen A 42 F 02 Fair-Labor Standafds Aet 43 F 03 Copeland Aet 44 F 04-- --Ge f.,.^et Work Houi.^ Safety(CVT SS n 45 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 2,2014 11/30/2016 M&C Review Official site of the Oty of Fort Worth,Texas rVORTWORTH CITY COUNCILAGENDA COUNCIL ACTION: Approved on 11/8/2016 DATE: 11/8/2016 REFERENCE**C-27984 LOG NAME:202016 ON-CALL STREET LIGHT NO.: CONTRACT-INDEPENDENT CODE: C TYPE: CONSENTPUBLIC NO HEARING: SUBJECT, Authorize Execution of Unit Price Contracts with Independent Utility Construction, Inc., and Bean Electrical, Inc., Each in an Amount Up to $500,000.00 for Task Order Construction Services for the Installation of Street Lights and Related Construction Components (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a unit price contract with Independent Utility Construction, Inc., and Bean Electrical, Inc., each in an amount up to $500,000.00 for task order construction services for the installation of street lights with a term of one year and providing for two renewal options at the earlier expiration of the funds or time. DISCUSSION: This maintenance contract will provide for construction services on an as-needed (task order) basis for the construction of projects relating to street lights and construction components that require a licensed electrician. Each contract amount is capped at$500,000.00, but may be increased or decreased due to the amount of work ordered through change orders. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued. Notice of bids was published in the Fort Worth Star-Telegram on August 04, 2016 and August 11, 2016. On August 25, 2016, two companies submitted bids as follows: CONTRACTORS BIDS: Independent Utility Construction, Inc. $481,311.00 Bean Electrical, Inc. $672,962.40 Independent Utility Construction, Inc., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this project is 9 percent. Bean Electric, Inc., is in compliance with the City's BDE Ordinance by committing to 9 percent MBE participation on this project. The City's MBE goal on this project is 9 percent. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, of the General Fund and in the various capital projects on a project by project basis and that prior to an expenditure being made, the participating department has the responsibility to validate the availability of funds. httpl/apps.cfwnet.org/council_packet/mc review.asp?ID=22884&councildate=11/8/2016 1/2 11/30/2016 M&C Review TO n7�� partment Account Project 1 Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project I Program I Activity I Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office bk Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Richard Martinez(7914) ATTACHMENTS Bean Electrical Form 1295 Cert of Interested Parties.pdf Independent Utility Construction-Form 1295 Cert of Interested Parties.pdf http-//apps.cfwnet.org/council_packet/mc review.asp?ID=22884&councildate=11/8/2016 212 C CERTIFICATE OF INTERESTED PARTIES FORM 1.295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-119889 Independent Utility Construction, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/04/2016 being filed. City of Fort Worth,Texas Date Acknowl dge : 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TP W-TM-2016-01 2016 On-Call Street Light Contractor Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Wolfe, Molly Fort Worth,TX United States X Wolfe,Clifton M. Fort Worth,TX United States X Wolfe, Richard Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. DANA P. JETTY Notary Public,State of Texas My Commission Expires June 30, 2019 'Signature,6f authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE (�(� Sworn to and subscribed before me,by the said 1 f I L� �� this the �1 L' +� day of 20 -> to certify which,witness my hand and seal o ffice. 04a r —R— o - Signature of officer 0 minist6rAg oath Printed name of officer admini tering oath Tihe of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1,0.277 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) 1 SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH On-Cali Strect Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-01 Revised July 1,2011 000515-1 ADDENDA 1 SECTION 00 0515 2 ADDENDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ,. • 19 20 21 22 END OF SE MON CITY OF PORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-01 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 '{3€ INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDI'T'IONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1.Bidder: Any person,firm,partnership, company,association, or corporation acting 12 directly through a duly authorized representative,submitting a bid for performing 13 the work contemplated under the Contract Documents, 14 15 1.2.2.Nouresident:Bidder:Any person,f rm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas 19 20 1.2.3.Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Dneuments 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents, 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3, Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the-work types 35 requiring prequalification at the time of bidding.Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https://projeetpoint.b-azzsaw.com/fortwoithaov/Resources/02%20- 41 %20Construction%2ODocuinents/Contractor%2OPrequalification/TPW%2OPaying 42 %20Contractor%2OPregttalifrcation%2OProgram/PREQUALIFICATION%20REQ 43 UIR.EMENTS%20FOR%20PAVING%2000NTRACTORS PDF public 44 45 3.1.2.Roadway and Pedestrian Lighting--Requirements document located at; 46 https:--Mojectpoint.buzzsaw.com/fortworthgov/Resoruces/02%20- 47 %20Construction%20Documents/Contractor%20Prepualification/TPW%20Roadwa 48 y%20and%20Pedestrian%20Lighting%20Prequalification%20Program2public 49 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.3. Water and Sanitary Sewer—Requirements document located at; 2 haps.//projeetpoint,b-azzsaw.com/fortwoithgov/Resources/02%20- 3 %20Constructionl/o2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 4 OSanitary%2OSewer%2OContractor%2OPrequalification"/o2OProgram/WSS%20pte 5 qualo/"2Orequirements.doc?public 6 7 8 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 9 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 10 45 11,BIDDERS PREQUALIFICATIONS, 11 12 3.2.1. Submission of'and/or questions related to prequalification should be addressed to 13 the City contact as provided in Paragraph 6.1. 14 15 16 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 17 bidder(s)for a project to submit such additional information as the City,in its sole 18 discretion may require,including but not limited to manpower and equipment records, 19 information about key personnel to be assigned to the project, and construction schedule, 20 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 21 deliver a quality product and successfully complete projects for the amount bid within 22 the stipulated time frame.Based upon the City's assessment of the submitted 23 information,a recommendation regarding the award of a contract will be made to the 24 City Council. Failure to submit the additional information,if requested,may be 25 grounds for rejecting the apparent low bidder as non-responsive.Affected contractor will 26 be notified in writing of a recommendation to the City Council. 27 2$• 3.4.Iii addition to prequalification, additional requirements for qualification may be required 29 within various sections of the Contract Documents. 30 31 32 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid, each Bidder shall: 35 36 4.1.1.Examine and carefully study the Contract Documents and other related data 37 identified imz he Bidding Documents(including"technical data"referred to in 38 Paragraph 4.2.below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto,shall be binding upon the City. 41 42 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost,progress,performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 50 CITY OF FORT WORTH On-Call StreetLight Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities) that 4 have been identified in the Contract Documents as containing reliable"technical 5 data'and(ii)*reports and drawings of Hazardous Environmental Conditions,if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "teelipical data." 8 9 4.I I.S.Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish.All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6.Perform independent research,investigations,tests,borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deem necessary for submission of a 23 Bid.Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations,investigations,tests and studies. 25 26 4.1.7.Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion,and obtain all information 28 required to make a proposal.Bidders shall rely exclusively and solely upon their 29 own estimatd's,investigation,research,tests, explorations,and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation, examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8.Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents.The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be,permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents, 42 43 4.2. Reference is made,to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.I.those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantees that the data shown is representative 49 of conditions which actually exist. 50 CITY OF PORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-4 : a INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2.those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request.Those reports and drawings may not be part of the Contract Documents, 7 but the"technical data"contained therein upon which Bidder is entitled to rely as 8 provided in Paragraph 4.02.of the General Conditions has been identified and 9 established in Paragraph SC 4.02 Supplementary Conditions.Bidder is responsible 10 for any interpretation or conclusion drawn from any"technical data" or any other 11 data,interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents,(iii)that Bidder has given Developer written notice of all 19 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolution's thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 27 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06 of the General Conditions, unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 *k% 42 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of Supplementary Conditions.In the event the necessary right-of---- 44 way, easements, and/or permits are not obtained,the City reserves the right to cancel the 45 award of contract at any time before the Bidder begins any construction work on the 46 project 47 48 CITY OF FORT WORTH On-Call StreetLight Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 1 5.3.The Bidder shall be prepared to commence construction without all executed right-of- .2 way,easements, and/or permits,and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications I I considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions-to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Quenell Johnson,Transportation and Public Works Department 22 Fax: 817-392-2533 23 Email: Quenell.Johnson@fortworthtexas.gov 24 Phone: 817-392-8618 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at 31 hMm.•//projectpoznt.buzzsczw.cortalfortworthgovAnfrastructarre%20Proiects/Street%201zg 32 ht%20on-call%20Contt°act°fo20%25231/BID%20Documents%20Packae?ublic 33 34 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. City will 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 42 43 7. Bid Security 44 45 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 46 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 47 the requirements of Paragraph 5.01 of the General Conditions. 48 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW TM-2016-01 Revised April 27,2016 �� 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement with`tt'10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind ft Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Foran. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal"Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 22 equal"item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraph 6.05A.,6.05B., and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts.A copy of the Ordinance can be 33 obtained from the Ogee of the City Secretary.The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Form and/or Good Faith Effort Form including documentation and/or Joint 36 Venture Form as appropriate.The Forms including documentation must be received 31 by the City no later than 2:00 P.M CST, on the second business days after the bid 38 opening date.The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received.Failure to comply shall render the bid as non- 40 responsive. 41 42 43 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe 48 obtained from the City. 49 50 51 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item,alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable"may be entered.Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seat shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partriorships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official name and address of the partnership shall be shown 19 below the signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 :t- 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder,and 47 accompanied by the Bid security, and other required documents.If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation"BID ENCLOSED"on the face of it. 50 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM 2016-01 Revised April 27,2016 0021 13-8 INSTRUCTIONS TO I31I)DERS .Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 Withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids.After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a Withdrawal request has been 9 properly filed'may, at the option of the City,be returned unopened. 10 11 14.2 Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An. 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum.Discrepancies between words and figures 37 will be resolved in the favors of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 fi00 21 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders,proposed Subcontractors,Suppliers and other poisons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive WE* er whose evaluation by City indicates that the award will be in the 21 best interests bf the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, The City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to unbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located 29 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 30 to be awarded, City will award the Contract within 90 days after the day of the Bid 31 opening unless extended in writing.No other act of City or others will constitute 32 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 33 the City. 34 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 1.8. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign,41id deliver the required number of counterparts of the Agreement to 42 City with the required • onds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORT14 On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised April 27,2016 004511-1 BIDDERS PRGQUALWICATIONS Page I of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor.The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the fi-m's organizational documents(Corporate Charter, Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/tax e�rmit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2, Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital�current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequal f cation Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"NIA"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised July 1,201I 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016.01 Revised July 1,2011 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pd Lf http://www.ethics.state.tx.us/forms/CIS.pdf r h ❑ CIQ Form is on file with City Secretary X/ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: By: Ri and Wolfe Independent Utility Construction, Inc. 5109 Sun Valley Drive Fort Worth, Texas 76119 Signature: (817) 478-4444 I a p' Title: Vice President END OF SECTION CITY OF FORT WORTH On-Call Street Light Contrator STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Form Revised 20130830 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Independent Utility Construction, Inc. 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. n/a Name of Officer 4J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. n/a A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. n/a s ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as des ' d in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 i Signature of vendor d ng business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code.4 176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: On-Call Street Light Contractor City Project No.: TPW-TM-2016-01 Units/Sections: Street Lighting 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for - the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. 'fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. a CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Form Revised 20120327 004100 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Street Lighting b. C. d. 4. Time of Completion 4.1. Time of completion will be determined on a per work order basis. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Form Revised 20120327 0041 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on �S by the entity named below. Respectfully s itted, r? Receipt is acknowledged Initial By: of the following Addenda: (Signature) Addendum No. 1: Addendum No.2: Addendum No. 3: Richard Wolfe Addendum No.4: (Printed Name) Title: Vice President Company: Independent Utility Construction Inc. STR(/�►T Address: 5109 Sun Valley Drive Corporate Seal: j yy�'s Fort Worth TX 76119 O S SEAL State of Incorporation: Texas %Z Email: rWOlfe@IUCtX.COm �� / TEX~"9 S�O�`��� Phone: (817) 478-4444 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contracto. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Form Revised 20120327 $£CnOY 004141 PROPO FMNI UNIT PRICE BID Bidder's Application rtoiw uw wpm e;.sa4 ealnu Bidfiaitm,Ac Davipim $pxificveim.Sntim,Ra l)nil olA(eavae Da Qusdi.Y Ilna Pnac BH Vahrz _ 1 0170.0100 Mobilization 00 00 00 LS 1 ---- 5/O,000w E10.000,w 2_ 2605.3001 Furnish/Install 1 1/4"CONDT PVC SCH 80(T) 26 05 33 LF 1,175 $1000 $11,75000 3 2605.3002 Furnish/Install 1 1/4"CONDT PVC SCH 80(B) 26 05 33 LF 1,175 $32.00 $31000.00 4 2605.3105 Furnish/Install Conduit-Schedule 80 PVC 1-1/4 Inch for Riser with Hardware and Conductor 26 05 33 EA 1 _Mw W 5 2605.3108 FumishAnstali Conduit-Schedule 80 PVC 1-1/2 Inch Bore 26 05 33 LF 10 .$3300 .$330.00 6 2605.3109 Furnish/Install Conduit-Schedule 80 PVC 1-1/2 Inch Open Cut 26 05 33 LF 1 $1300 $1300 7 2605.3117 FumishAnstall Conduit-Schedule 80 PVC 2 Inch for Riser with Hardware and Conductor 26 05 33 EA 10 $0$0.00 ss.5w.00 8 2605.3118 Furnish/Install Conduit-Schedule 80 PVC 2 Inch Open Cut 26 05 33 LF 200 $1400 $2.750.00 9 2605.3119 Furnish/Install Conduit-Schedule 80 PVC 2 Inch Bore 26 05 33 LF 200 $3400 ��W 10 2605.3127 FumishAnslall Conduit-Schedule 80 PVC 3 Inch Open Cut 26 05 33 LF 200 $/coo .".2w.00 11 2605.3128 Furnish/Install Conduit-Schedule 80 PVC 3 Inch Bore 26 05 33 LF 1 $45.00 54$.00 12 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 1,450 _5$0.00 $72.$00.00 13 3305.0108 Miscellaneous Structure Adjustment 33 05 14 EA 1 $2.500,00 $2.500.00 14 3441.1331 Furnish/Install 9 Conductor#14 344110 LF 100 .$4.40 $470.00 15 3441.1332 FumishAnstall 9 Conductor#20 3441 10 LF 100 .$5.75 $575.00 16 3441.1401 FumIshAnstall NO 4 Triplex OH insulated Elec Condr 3441 10 LF 100 $3.50 $79000 17 3441.1402 Furnish/Install NO 6 Duplex OH insulated Elec Condr 3441 10 LF 100 $3.35 $m5m 18 3441.1403 FumishAnstall NO 6 Triplex OH insulated Elec Condr 3441 10 LF 100 _$1,45 $34500 19 3441.1404 FumishAnstall NO I Insulated Elec Condr 344110 LF 100 $4.75 $415.00 20 3441.1405 Furnish/Install NO 2 Insulated Elec Condr 3441 10 LF 100 $425 $42s.w 21 3441.1406 FumishAnstall NO 3 Insulated Elec Condr 3441 10 LF 100 $4.00 $400.00 _ 22 3441.1407 Furnish/Install NO 4 Insulated Elec Condr 344110 LF 100 .._73,5, .$30$00 _23 3441.1408 Furnish/Install NO 6 Insulated Elec Condr 3441 10 LF 100 $azs $32$.00 _ 24 3441.1409 FumishAnstall NO 8 Insulated Elec Condr 3441 10 LF 100 $3,10 $3/0,00 25 3441.1410 Fumish/Install NO 10 Insulated Elec Condr 344110 LF 100 $zW $255.00 34 26 41.1411 Furnish/Install NO 12 Insulated Elec Condr 3441 10 LF 100 $2,55 $255.W 27 3441.1412 FumishAnstall NO 14 Insulated Elec Condr 3441 10 LF 1 100 .$225 _$225.00 28 3441.1501 Fumishfinstall Ground Box,Small,w/Lid 3441 10 EA 1 $1/00.00 $1,/00,00 _29 3441.1502 Furnish/Install Ground Box,Small,w/Lid Apron 3441 10 EA 1 $/,300.00 $1 70000 30 3441.1606 Install 10'-14'Ped Pole Assmbly 3441 10 EA 1 $e00.00 _$60000 31 3441.1618 Install Type 42 Signal Pole 3441 10 EA 1 $1.200:00 $1700.00 32 3441.1626 Install Mast Arm 16'-36' 3441 10 EA 1 $1,200.00 $1 20000 33 3441.1629 Install Type 22B Arm 34 4120 EA 1 $20000 $2oow 34 3441.1630 Install Type 25 Amt 34 41120 EA 1 $200,00 $200.00 35 3441.1631 Install Type 25AArm 344120 EA I $200,00 $20000 36 3441.1632 Install Type 33A Arm 34 41 20 EA 1 $200.00 $200,00 _ 37 3441.1633 Install Type 336 Arm 34 41 20 EA 1 3 ww $20000 38 3441.1640 Install Type 24A Ann 3441 20 EA 1 $20000 $20000 39 3441.1641 Furnish/Install Type 22B Arm 34 41 20 EA 1 5$$0.00 $7$000 40 3441A645 FumishAnstall Type 33A Arm 34 41 20 EA 1 $550.00 3550.00 _41 3441.1646 FumishAnstall Type 33B Arm 34 41 20 EA 1 $550.00 $55000 42 3441.1701 Furnish/Install TY 1 Signal Foundation 3441 10 EA 1 $1$00.00 $1 000.00 " 43 _ 3441.1703 Furnish/Install TY 3 Signal Foundation 3441 10 EA 1 $5sw00 $$$0700 44 3441.1707 FumishAnstall Signal-Screw in Base Foundation 3441 10 EA 1 $z 000.00 $z 00000 _45 3441.1750 Install Type 41 Breakaway Transformer Base for Luminaire Poles(TBI-17)(City Furnished) 34 41 20 EA 1 $$00.00 $ 00 46 3441.1751 Install Type 418 Breakaway Transformer Base for Luminaire Poles(TB3-17)(City Furnished) 3441 20 EA 1 $W'm $500.00 47 3441.1752 FumishAnstall Type 41 Breakaway Transformer Base for Luminaire Poles 34 41 20 EA 1 $+200.00 $+.200.00 _._ 48 _ 3441.1753 Furnish/Install Type 41B Breakaway Transformer Base for Luminaire Poles 34 41 20 EA 1 $1200,00 s1a00.0o 49 3441.1755 Furnish/Install Rdwy Ilium Foundation TY 9 34 41 20 EA 1 $1,700.00 $1,700m 50 3441.1756 FumishAnstall Rdwy Ilium Foundation TY 10 34 41 20 EA 1 $1700.00 $1.300,00 51 3441.1757 Furnish/Install Rdwy Ilium Foundation TY 11 34 41 20 EA 1 $/,300,00 $1,300.00 52 3441.1758 FumishAnstall Rdwy IIIum Foundation TY 12 3441 20 EA 1 $1.300.00 $1.300,00 _53 3441.1759 FumishAnstall Rdwy Ilium Foundation TY 13 34 41 20 EA 1 $1300.00 $1 700.00 54 3441.1760 Furnish/Install Rdwy Ilium Foundation TY 14 34 41 20 EA 1 $1.300,00 $1,300,00 55 _3441.1761 Furnish/install Rdwy Ilium Foundation TY 15 34 41 20 EA 1 $1,300.00 $1,30000 56 3441.1762 FurnishAnstall Rdwy Ilium Foundation TY 16 34 41 20 EA 1 $1.30M $1.300.00 _...57_ _3441.1763 FumishAnstall Rdwy Ilium Foundation TY 17 34 41 20 EA 1 $1$00 00 $130000 58 3441.1764 FumishAnstall Rdwy Ilium Foundation TY 18 34 41 20 EA 1 $1,300,00 $1,300.00 59 3441.1770 FumishAnstall Non-Metered Pole Mounted Contactor 34 41 20 EA 1 s4 000,00 $4.000,00 60 3441.1771 Fumishfinstall 120-240 Volt Single Phase Metered Pedestal 34 41 20 EA 1 $7.500_X §1,500.00 61 3441.1772 FumishAnstall 240-480 Volt Single Phase Transocket Metered Pedestal 3441 20 EA 1 $7,000.00 57.500.00 62 3441.1803 FumishAnstallSchool Advanced Warning Flasher Assmbly 344110 EA 1 $00000 W. W _. 63 3441.1811 Relocate Flashing Beacon Assemby 3441 10 EA 1 1,200.00 sl.zww 64 3441.1821 Remove Flashing Beacon Assembly 3441 10 EA 150000 $5w.00 65 3441.3001 Install Rdwy Ilium Assmbly TY 1,4,and 6 3441 20 EA 1 " 2500,00 $2.500.00 66 3441.3002 Install Rdwy Ilium Assmbly TY 8,11,D-25,and D-30 34 41 20 EA 1 wow $70000 67 3441.3003 Install Rdwy Ilium Assmbly TY 18,18A,19,and D-40 34 41 20 EA 1 $00.00 500000 68 3441.3011 Install Rdwy Ilium Assmbly Special 34 41 20 EA 1 70000 $000.00 c 69__. 3441.3037 Fumishnnstall 10'-14'Washington Standard Light Pole&Fixture LED 3441 20 EA 1 4.200.00 $420000 70 _3441.3050 Furnish/Install LED Lighting Fixture((100 watt EQ)-ATBO Cobra Head) 34 41 20 EA 1 45000 $4$0.00 71 _ 3441.3051 Fumish/Install LED Lighting Fixture((200 watt EQ)-ATB2 Cobra Head) 34 41 20 EA 1 500.00 $6W.00 72 3441.3052 Fumish/install LED Lighting Fixture((250 watt EQ)-ATB2 Cobra Head) 3441 20 EA 1 /sow $70000 73 __3441.3053 FumishAnstall HID Lighting Fixture Washington Standard(HID Head Only) 34 41 20 EA 1 1.10000 $1/00.00 $-enol w u 43 PROPOSAL FOMI UNIT PRICE BID Bidder's Application r,ona➢m,waws� n�me.P�n ➢inin ltanl:a Demiµim Setim 6tttimha. Vtit oftAeuae aid purtnY UtiPrctt ➢il Vilix 74 3441.3054 Furnish/install LED Lighting Fixture Washington Standard(LED Head Only) 34 41 20 EA 1 t wM 51 � 75 3441.3102 Fumish/Install 20OW HPS PC Lighting Fixture 34 41 20 EA 1 35,00 $3`A00 76 3441.3103 Fumish/Install 100W MH PC Lighting Fixture 34 41 20 EA 1 39o.m 53a9.ao <. 77 3441.3201 Install LED Lighting Fixture 3441 20 EA 1 Moo $20000 78 3441.3301 FumishAnstall Rdwy Ilium Foundation TY 1,2,and 4 34 4120 EA 1 1,g ,9p st,%.00 79 3441.3302 FurnishAnstall Rdwy Ilium Foundation TY 3,5,6,and 8 3441 20 EA 1 1,6%00 $1.65000 80 3441.3303 FumishAnstall Rdwy Ilium Foundation TY 7 3441 20 EA 1 1.zWOQ -31350.00 81 3441.3321 Fumish/Install 40'Wood Light Pole 3441 20 EA 11.2M.00 sl.zoo.00 82 3441.3322 Install 40'Wood Light Pole 34 41 20 EA 1 ia9,oa $799.90 83 3441.3323 FumishAnstall 8'Wood Light Pole Arm 34 41 20 EA 1 600.00 azoo.w _ 84 3441.3324 Install 8'Wood Light Pole Arm 34 41 20 EA 1 3_W $_.w 85 3441.3335 Install 35'Wood Light Pale 34 41 20 EA 1 60900 $59900 _ 86 3441.3336 Install 30'Wood Light Pole 3441 20 EA 1 60.66 MOM 87 3441.3337 FumishAnslall 35'Wood Light Pole 34 41 20 EA 1 -_ 1$99.00 $a.6o9,99 88 3441.3338 FumishAnstall 30'Wood Light Pole 34 41 20 EA 1 1 469.00 $1,45000 89 3441.3350 FumishAnstall Rdway IIIum TY 8 Pole 34 41 20 EA 1 2.300.99 s2.3oo.ao 90 3441.3351 Fumish/Install Rdway Ilium TY 11 Pole 34 41 20 EA 1 91 3441.3352 Fumish/Install Rdway Ilium TY 18 Pole 34 41 20 EA 1 z.z0000 $z.zo9.90 2,400.00 $2.40000 92 3441.3353 FumishAnstall Rdway Ilium TY 18A Pole 34 41 20 EA 1 2,700.ap $2700,a9 93 3441.3354 Fumish/Install Rdway Ilium TY 19 Pole 34 41 20 EA 1 z 60000 $2,990.09 94 3441.3355 FumishAnstall Rdway Illum TY D-25-6 Pole 3441 20 EA 1 220000 $21oo00 95 3441.3356 Fumish/Install Rdway Ilium TY D-30-6 Pole 34 41 20 EA 1 $2.9ao,00 s2,309,90 --- 96 3441.3357 FumishAnstall Rdway IIIum TY D-40-9 Pole 3441 20 EA 1 $310000 $0100.00 97 _ 3441.3358 Fumish/Install Rdway Ilium TY D-40-9T Pole 34 41 20 EA 1 _ 98 3441.3401 FumishAnstall 6-6-6 Triplex Alum Elec Conductor 34 41 20 LF 200 $3.W $600.00 99 3441.3402 Fumish/Install 1/0-1/0-2 Triplex Alum Elec Conductor 344120 LF 200 $500 $/000Aw 100 3441.3403 FumishAnstall 250-250-3/0 Triplex Alum Elec Conductor 34 41 20 LF 200 $7.00 $1.499.99 z 101 3441.3404 FumishAnstall 2-2-2-4 Quadplex Alum Elec Conductor 34 41 20 LF 200 $4.09 $WOOD _ 102 3441.3405 Fumish/Install 1/0-1/0-1/0-2 QuadplexAlum Elec Conductor 3441 20 LF 200 _$5.W_ 103 3441.3411 FumishAnstall Reconnect Conductor 34 41 20 EA 1 sls000 $150.00 _104 _ 3441.3501 Salvage Street Light Pole 34 4120 EA 1 S�.w $W.OD 105 3441.3502 Relocate Street Light Pole 3441 20 EA 1 _. $1,000,00 $1.000,00 106 3441.4007 Install Alum Sign Ex Pole Mount 34 41 30 EA 1 $30000 $300 ---.. 00---- ---. 107 3441.4010 Remove and Reinstall Sign Panel and Post 34 41 30 EA 1 $5o0-oo $$00.00 108 3471.0002 Portable Message Sign 34 71 13 EA 1 -. sv299.a9 51,zo9,ao 109 9999.9999 Terrell Heights Style Pole 34 41 20 EA 1 $6,500.00 sswaoo 110 9999.9999 Oleander Style Pole 34 41 20 EA 1 ------ 56.800,90 $6.800.00 111 9999.9999 Berry Style Pole 34 41 20 EA 1 $7.000.00 $7.00000 -112 9999.9999 City Hall Style Pole 3441 20 EA 1 s5".w $5.000,90 ' 113 9999.9999 West 7th Style Pole 34 41 20 EA 1 $6,000,00 $ 114 9999.9999 Furnish34 71 13 EA 1 Furnish Street Use Permit $359-m $$350.00350M 115 3471.0001 Traffic Control` 3471 13 MO 12 116 9999.9999 Single Lane or Shoulder Closure per da -Highway&Service Rd-(Weekday)-Traffic Control' 3471 13 EA 3 Ss 009.00 $15000.00 117 9999.9999 Single Lane or Shoulder Closure per day,-Highway&Service Rd-(Night/Weekend)-Traffic Control` 3471 13 EA 3 $6,000,00 $24.099,99 118 9999.9999 Double Lane Closure per da -Highway&Service Rd-(Weekday)-Traffic Control` 3471 13 EA 1 $600000 $6000.00 119 9999.9999 Double Lane Closure per da -Highway&Service Rd-Night/Weekend-Traffic Control` 3471 13 EA 1 $mo00,o0 $10,009.00 120__ 9999.9999 Single Ramp Closure per day,-Highway&Service Rd-(Weekday)-Traffic Control` 3471 13 EA 1 $$00000 $5000.00 e: 121 9999.9999 Single Ramp Closure per da -Highway&Service Rd-(Ni ht/Weekend)-Traffic Control` 3471 13 EA 1 $a 009:90 -$8.000.w ^^ 122 9999.9999 Double Ramp Closure w/Detour per day-Highway&Service Rd-(Weekday)-Traffic Control` 3471 13 EA 1 $9999.09 $9,0w.00 _123 9999.9999 Double Ram Closure w/Detour per da -Highway&Service Rd-(Night/Weekend)-Traffic Control' 3471 13 EA 1 $1600000 $+6000.00 124 9999.9999 Full Highway Closure perda -(Weekday)-Traffic Control` 347113 EA 1 $1z9ao.99 $1299990 125 9999.9999 Full Highway Closure perda -NI ht/Weekend-Traffic Control` 347113 EA 1 W999.90 $20,990W BID SUNIAL1RY -- Total S481311.00 Total Bid S481,31 1.00 END OF SECTION Note'Pricing does not include Stamped Engineered Drawings.Message Boards BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Independent Utility Construction, Inc. as Principal hereinafter called the Principal, and Westfield Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Worth, Texas as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid (5%)---------------------------- Dollars ($ ----------------------- ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2016 On-Call Street Light Contract NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25th day of August 2016 INDEPENDENT UTILIT STRUCTION INC. Principal (Seal) By: tM Aq!/2 Ul Ccs Name/Title WESTFIELD INSURANCE COMPANY Surety (Seal) By: - -e -�% 4Ke . Sweeney, Attorney-in-Fact THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#1 AND ISSUED PRIOR TO 04/20/11, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A.SWEENEY, KYLE W.SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - LIMITATION: .LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the-premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D.,2011 . wawfwl» ., uuu Corporate y ",SSU WESTFIELD INSURANCE COMPANY Seals �r���s� �!C`p"ss •.•``�P���N�� S,G,; ;.r •,.. /y .� WESTFIELD NATIONAL INSURANCE COMPANY Affixed v. .as. + OHIO FARMERS INSURANCE COMPANY t 4 r'� • ,, `O: •• p SEAL :�° =•�;CN�TER�o:3r3 - State of Ohio .... By: yRichard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say,that he resides-in-Medina, Ohio;that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies-,that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal Affixed ,�P• ���J! •F•�"= • William J. Kahelin,A rney at Law, Notary Public State of Ohio s ip My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: 0 TE. dF Oar: 1,Frank A.-Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby-certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25th day of Au ust .�A+�»,»„ 2016 g � ...,...,,»..-,, NAt_% �H r t0`�•mono~'CFS,- �o P SGA - =•�l ` Ce�`�` SEAL' .m; gam; Secretary o'i��. •:o :i648:`W= Frank A. Carrino, S.ecretary BPOAC2 (combined) (06-02) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders.This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of Texas our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Texas 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. yB — I� BIDDER: Independent Utility Construction, Inc. By: Ahard Wolfe 5109 Sun Valley Drive Fort Worth, Texas 76119 (817) 478-4444 .g ure) l Title: Vice President I Date: 8/25/2016 END OF SECTION CITY OF FORT WORTH On Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Form Revised 20110627 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIACATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Street Lighting Independent Utility Construction, Inc. 4/26/2017 0 0 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utility Construction, Inc. By: chard Wolfe 5109 Sun Valley Drive Fort Worth, Texas 76119 r7 (817) 478-4444 Ignature) Title: Vice President Date: 8/25/2016 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016 Form Revised 20120120 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. TPW-TM-2016-01. Contractor further certifies that,pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 8%-", 1� tkAt 1 c 0+ `{1 i'� cOW. �i chard Ulf o I Pe 12 Company ease int) 13 14 5 109 Su,A Va l l�y hrive Signature: 15 rAddress 1 ��/ —7 / Q 17 1'T (��T�1 i I /� /�,1� I Title: S 1��� 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BFFOME, he undersigned authority, on this day personally appeared 26 ►� , K()f t-sci ,known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of(yk k' C*1 I (¢til Vl+.I hc—for the purposes and 29 consideration therein expr ssed and in the capacily therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32 ,20_0 33 34 35 36ELOWN GRAY Notary Pu is in and for the State of Tex 37Eel PW* 51 1 AaTr38 is,2011 END OF SECTION 39 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 004541-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of I 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than$50,000,then the SBE subcontracting goal may 5 be applicable. If the total dollar value of the contract is$50,000 or less,the SBE subcontracting goal 6 is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 10 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 SBE PROJECT GOAL 14 The City's SBE goal on this project is 0%of the total bid(Base bid applies to Parks and Community 15 ,Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an 16 Offeror must submit both a MBE Utilization Form and a SBE Utilization Farm to be deemed 17 responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a SBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 fallowing: 23 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 24 2. Meet or exceed the above stated SBE goal through SSE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 28 considered non-responsive.Any questions,please contact the MIWBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered res onsive to the s eeifications. 33 u .erQa�.l=de've e" B =dd�uirie to �k�._s ►.. gn'';"`z :e�rs'bzz=to l so.mate-e' -eel-" 8 7lllaa jrt � - � ��-_ -�pX ,.Qf =�.-,c �:ti - -__ _ - is ;-`zy__ _ "tom - __ _ =•it:•k-`4'b..?: 34 _- u --------v 35 :i4 1. Subcontractor Utilization Form,if goal is met received by 5:00-p.m., five (5) City business days after or exceeded: I the bid a ening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,Hparticipation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Foran,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENTS TPW-TM 2016-01 Revised July 1,2011 006125-1 CERTIFICATE OF INSURANCE Page I of 1 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENTS TPW-TM-2016-01 Revised July 1,2011 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on November 8, 2016 is made by and between the City of 4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and Independent Utility Construction, Inc., authorized to do business in 6 Texas,acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 On-Call Street Likht Contractor 16 City Proiect Number: TPW-TM-2016-01 Street Light On-Call Contract#1 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 Time for final Acceptance will be determined on a per work order basis, and run until the 23 amount of$500,000 not to exceed, has been exhausted. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH On-Call Sheet Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00,Project No:TP1P--TiV-2016-01,Street Light On-Call Contract#1 Revised July 1,2011 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount not to exceed in current funds of Five Hundred Thousand and 00/100 38 DOLLARS ($500,000.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TPIV-TR!2016-01,Street Light On-Call Contract 91 Revised July 1,2011 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused,in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of, or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No: TPI LT,111-2016-01,Street Light On-Call Contract#1 Revised July 1,2011 005243-4 Agreement Page 4 of 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties(`Effective Date"). 127 Contractor: — City of Fort Wo By: s—�� Jesus J. Chapa By: Assistant City Manager (Signature) Date LIOAW1 014 Attest: (Printed Name) City Sec tart' Title: Vi Ce I re�i aLa-f— (Seal) Address: 5I U9 Sy n Va i Iry bq V e- M&C C 24131' of F0j,.) Date: It- ..II -1y -7[j 0 City/State/Zip: V-`(�r�7or4 � 11 q A proved as to Form and Legality: Date Douglas W.Blac Assistant City Attorney �S 128 129 130 APPROVAL RECOMMENDED: 131 32 133 134 OFFICIAL RECORD DoAg1cN W. Ifte(g P.E.I G 135 CITY SECRETARY DHWCIVOR, 136 WORTH,TQC Ti an rtation &Public Woks DepartMent 137 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit),Project Ano:TPIi7 TAI 2016-01,Street Light On-Call Contract 91 Revised July 1,2011 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Empl ee I Title I I I I t 1 I C I 0061 13- 1 PERFORMANCE BOND Page I of 2 Bond No. 5063111 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction, Inc. , known as "Principal" herein and 8 Westfield Insurance Company a corporate surety(sureties, if more than one) 9 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 10 more), are held and firrnly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Five Hundred 12 Thousand Dollars and Zero Cents($500,000.00) lawful money of the United States, to be paid in 13 Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we 14 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 15 firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 8t1i day of November, 2016 , which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as On-Call Street Light Contractor, City Project 21 Number: TPW-TM-2016-01, Street Light On-Call Contract#1. 22 NOW, THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.TPW-TM-2016-01,Street Light On-Call Contract#I Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 Bond No. 506311 t 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 20"'day of December, 2016. 6 PRINCIPAL: 7 INDEPENDENT UTILITY 8 CONSTRUOMN.INC. 9 10 BY: 11 Sig ature 12 ATT S . 13 14 Richard Wolfe,Jr. Vice President 15 (Principal)S cretary Name and Title 16 17 Address: 5109 Sun Valley Drive 18 Fort Worth,Texas 76119 19 20 21 Witness as to Principal 22 SURETY: 23 WESTFIELQ INSURANCE COMPANY 24 25 26 B 27 Sig ure 28 29 Kyle W. Sweeney Attorney-in- act 30 Name and Title 31 32 Address: 555 Republic Drive, Suite 450 33 _ Plano,Texas 75074 34 35 art 36 Witness as to Surety Gala Harris Telephone Number: 972-516-2600 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.TPW-TM72016-01,Street Light On-Call Contract#I Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond No. 5063111 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Independent Utility Construction Inc. known as "Principal" 8 herein, and Westfield Insurance Company a corporate surety (sureties), 9 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 10 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Five 12 Hundred Thousand Dollars and Zero Cents ($500,000.00), lawful money of the United States, to 13 be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be 14 made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and 15 severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded 17 the 8th day of November, 2016, which Contract is hereby referred to and made a part hereof for 18 all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 19 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 20 designated as On-Call Street Light Contractor City Project Number TPW-TM-2016-01 Street 21 Light On-Call Contract#1. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TPW-TM-2016-01,Street Light On-Call Contract#1 Revised July I,2011 0061 14-2 PAYMENT BOND Page 2 of 2 Bond No. 5063111 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 20th day of December,2016 . 3 PRINCIPAL: INDEPENDENT UTILITY CONST TION INC. ATTEST: BY: S i nature Richard Wolfe,Jr., Vice President (Principal) d1cretary Name and Title ` Address: 5109 Sun Valley Drive Fort Worth,Texas 76119 Witness as to Principal SURETY: WESTFIELD INSURANCE COMPANY ATTEST: BY: /V, gnature Kyle W. Sweeney, Attorney-in-Fact (Surety) Secretary Name and Title Address: 555 Republic Drive, Suite 450 akL�_ Plano, Texas 75074 Wifi ss as to Surety Gala Harris Telephone Number: 972-516-2600 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 i CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No: PW-TM-2016-0 1,Street Light On-Call Contract#I Revised July 1,2011 0061 19- 1 MAINTENANCE BOND Page I of 3 Bond No. 5063111 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Independent Utility Construction, Inc. known as "Principal" 9 herein and Westfield Insurance Company , a corporate Surety (sureties, if more 10 than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 11 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Five 13 Hundred Thousand Dollars and Zero Cents ($500,000.00) lawful money of the United States, to 14 be paid in Fort Worth,Tarrant County, Texas, for payment of which sum well and truly be made 15 unto the City and its successors, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns,jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 8°' day of November, 2016- which Contract is hereby referred to and a made part hereof for 20 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 21 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 22 a duly authorized Change Order(collectively herein, the "Work") as provided for in said contract 23 and designated as On-Call Street Light Contractor, City Project Number TPW-TM-2016-01 24 Street Light On-Call Contract#1; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need thereof at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TPW-TM-2016-01,Street Light On-Call Contract#I Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 Bond No. 5063111 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 I I PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TPW=fM-2016-01,Street Light On-Call Contract#1 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 Bond No. 5063111 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 20`l' day of December,2016 . 3 4 PRINCIPAL: 5 INDEPENDENT UTILITY 6 CONSTR ION INC. 7 8 BY: 9 ignature 10 ATTES 11 12 Richard Wolfe, Jr.,Vice President 13 ( rin ipal) ec etary Name and Title 14 15 Address: 5109 Sun Valley Drive 16 - Fort Worth,Texas 76119 17 !8 19 Witness as to Principal 20 SURETY: 21 WESTFIELD INSURANCE COMPANY 22 23 24 BY: 25 Signa e 26 27 Kyle W. Sweeney, Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 555 Republic Drive,Suite 450 31 (S ) e retary Plano,Texas 75074 32 33 34 Witness as to Surety Gala Harris Telephone Number: 972-516-2600 35 36 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH On-Call Street Light Contractor STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No:TPW-TN4-2016-0I,Street Light On-Call Contract#1 Revised.luly 1,2011 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's Usted puede Ilamar al numero de telefono gratis de toll-free telephone number for information or to Westfield Insurance Company's / Ohio Farmers make a complaint at: Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Usted tambien puede escribir a Westfield Insurance Company at: Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Plano, Texas 75074-8848 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on Seguros de Texas para obtener informacion acerca companies, coverages, rights or complaints de companias, coberturas, derechos o quejas al: at: 1-800-252-3439 1-800-252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P. O. Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: Cons um erProtection(a)-tdi.state.tx.us E-mail: ConsumerProtection(a-)tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: PREMIUM OR CLAIM DISPUTES: Si tiene una disputa concerniente a su prima o a un Should you have a dispute concerning your reclamo, debe comunicarse con el agente o premium or about a claim you should Westfield Insurance Company / Ohio Farmers contact the agent or Westfield Insurance Insurance Company primero. Si no se resuelve la Company and/or Ohio Farmers Insurance disputa, puede entonces comunicarse con el Comapny first. If the dispute is not resolved, departamento (TDI). you may contact the Texas Department of Insurance. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se ATTACH THIS NOTICE TO YOUR convierte en parte o condicion del documento POLICY: This notice is for information only adjunto. and does not become a part or condition of the attached document. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARINU I HIS sHMt POWER#AND ISSUED PRIOR TO 04/20111, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220052 06 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a '"Company- and collectively as 'Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY,JOINTLY OR SEVERALLY of FORT WORTH and State of TX its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies.thereby as fully and to the same extent.as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the.premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive, any Secretary or any Fidelity& Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D.,2011 . .,,\,IIIA..,.,,, Corporate =�OURAti"I ,,-ooNgtr r "��SU .,,,,� WESTFIELD INSURANCE COMPANY Seals jva`,. ;C`�'.4 ,:``a?.•• "' •NSG',; .•-� ijC'a WESTFIELD NATIONAL INSURANCE COMPANY Affixed ..: .oa. �►, c o: ••-p ; ,;��'• •<'' OHIO FARMERS INSURANCE COMPANY 4'``"'• ro SEAL `t:CH�TERfp - State of Ohio """"^ "" "•�,,, Richard L. Kinnaird, Jr., National Surety Leader and County of Medina ss.: Senior Executive On this 20th day of APRIL A.D.,2011 , before me personally came Richard L. Kinnaird, Jr. to me known, who, being by me duly sworn, did depose and say, that he resides"in_Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial `,a04"-wN, Seal A L Affixed A, Ste•"- z.:>>� Ir William J. Kahelin,A rney at Law, Notary Public State of Ohio =N qV,?o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: .meq 41 ,HF OF O. I, Frank A..Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE.COMPANY, do hereby.certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 2001 day of DecemQasA D.,,c� 20I6CA t v r '••,F �O P (SNA SG� - + •,,.�Qi,C� _�:�HARTfREp �3 :� .�: SEAL •m_ sernerary 11348 1_ Frank A. Carrino, Secretary 1BPOAC2 (combined) (06-02) © FAE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /2o/2ols THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Joyce Womack _NAME__The SweeneyCompany PHONE ($17)457-6700 F X (817)457-7246 P y J No-Ext): --)457—700 - --- A -No—:(_ --- - - 1121 E. Loo 820 South EMAIL Joyce@thesweeneyco.com P -ADDRESS-:-----..------ ----- -- -- --- — P O BOX 8720 INSURER(S)AFFORDING COVERAGE NAIC# Fort Worth TX 76124-0720 INSURERA:Admiral Insurance Co _ _ i-______ INSURED INSURERB:West American Insurance Co Independent Utility Construction, Inc. INSURERC_Texas_Mutual Insurance Co 5109 Sun Valley Drive INSURER D: Fort Worth TX 76119 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE JADDL.SUBR - - POLICY EFF POLICY EXP LTR POLICY NUMBER M/DD/YYYY MM/DD/YYYY LIMITS X ;COMMERCIAL GENERAL LIABILITY ! EACH OCCURRENCE $ 1,000,000 - f DAMAGE TO RENTED 50,000 A CLAIMS-MADE i X OCCUR PREMISES Ea occurrence)_ $ - - -- - - X CONTRACTUAL MED EXP(Any one person) $ 5,000 X XCU X000022769-02 !10/31/2016:10/31/20171'; i PERSONAL&ADV INJURY $ 1,000,000 - ----- - - -- -- -- --- - GEN'L AGGREGATE LIMIT APPLIES PER: I _GENERAL AGGREGATE i$ - 2,000,000 -- - --- POLICY i X i PRO- POLICY LOC PRODUCTS-COMP/OP AGG '$ 2,000,000 �._I JECT -- -- DUCT---- - - ------ - $ OTHER: AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT I$ — 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) i$ALL OWNED r SCHEDULED BAW (17) 57 41 77 22 10/31/201610/31/2017 BODILY INJURY(Per accident)T$ AUTOS AUTOS - --' PROPERTY DAMAGE I HIRED AUTOS I AUOTOSED $ �-----: i ', Per accident _�_-____.___ .__. I$ UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 3 L 000,000 --- -------- X EXCESS LIAR CLAIMS_MADE AGGREGATE f$ --_ 3,000 r 000 i---- - � _ DED X RETENTION$ 0 BEX09601903-01 10/31/2016!10/31/2017 $ IWORKERSCOMPENSATION ( X STATUTE_�_�EERH_�_________ AND EMPLOYERS'LIABILITY 1 ANY PROPRIETOR/PARTNER/EXECUTIVE Y/NI N/A'. E.L.EACH ACCIDENT - $__ 1,000,-000 OFFICER/MEMBER EXCLUDED? N I 0010713602 10/31/2016 10/31/2017 E.L.DISEASE-EA EMPLOYEE $ -__ 1,000 000 C (Mandatory in NH) --...j If yes,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ 1 000 000 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ON-CALL STREET LIGHT CONTRACTOR, CITY PROJ # TPW-TM-2016-01, STREET LIGHT ON-CALL CONTRACT #1. THE WORKERS COMP, GL & AUTO POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL & AUTO POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL, INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE UMBRELLA POLICY FOLLOWS FORM FOR THESE ITEMS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ST ACCORDANCE WITH THE POLICY PROVISIONS. FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Kyle Sweeney/JOYCE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIECATION DOCUMENTS Revision:Febrmy%2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1--Definitions and Terminology..........................................................................................................1 1.01. DefinedTezxms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction.... . ................................................................................................8 2.05 Preconstraction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3--Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01• Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points ..........:..............................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5--Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................. . ...........18 5.05 Acceptance of Bonds and Insurance; Option to Replace................................................... 19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy%2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals"....................................................................... .........................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative.............................................................:....................................................30 6.16 Hazard Communication Programs.............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7--Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8--City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests,and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities................................. ..................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9--City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Pedormed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCI7NENTS Revision:Febnta y2,2016 Article 10-Changes in the Work;Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Exna Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11---Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 .14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final.Acceptance.........................................................................................................................55 14.07 Final Payment............................:.................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16---Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STAMARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmay%2016 Article17—Miscellaneous.................................................................................................. ........................62 17.01. Giving Notice..............................................................................................................................62 1.7.02 Computation of Times................................................................................................................62 1.7.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebamEy2,2016 007200-1 GENERAL CONDITIONS Page I of 63 ARTICLE 1--DEFFgITIONS AND TERNUNOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in Other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. I. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Regt}irements or the proposed Contract Documents, 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. BiddingRequirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10.Business Day—A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11.Buzzsaw--City's on-line, electronic document management and collaboration system. 12. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMBNTS Revision:FeMaww2,2016 007200-i GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City--- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City,4ttorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. 20. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21, Contract Price The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to; (i) achieve Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor The individual or entity with whom City has entered into the Agreement. 24. Cost of the Worlc--See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Pebru&y2,20I6 oonoo-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims—A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26.Day or day--A day,unless otherwise defined, shall mean a Calendar Day, 27. Director of Aviation ---The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28.Director of Parks and Community Services—The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development-- The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30.Director of Transportation Puhlic Works --- The officially appointed Director of the Transportation Public Warks Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 31. Director of Water Department—The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant, or agents. 32. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order—A written order issued.by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid fiom Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance -- The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OI?PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCC N=I S Revision;Mm"2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. Genual Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42.Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item--An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor Shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum Petroleum,including crude oil Or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil ref ise, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans--See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 5 of 63 51.. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Worlc within the Contract Time. 52.Project--The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54.Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Dorking Hours -- Hours begM ing at 7:00 a.m. and ending at 6:00 p.m., Monday thra Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or wo1la anship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values--A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Worlc and used as the basis for reviewing Contractor's Applications for Payment. 60. Site Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61, Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or,if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Worl<at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnmW2,2016 007200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier=A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities:All underground pipelines, conduits, ducts, cables, wires, manholes,vaults,tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11..03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day--A working day is defined as a day,not including Saturdays, Sundays,or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms orAdjectives: CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision;Febnwy2,2016 007200-1 GENERAL CONDITIONS Page 7 o£63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," groper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as Shown or indicated in the Contract Documents(unless there is a specific statement indicating otherwise). C. Defective; 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient m that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor,materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELINUNARY MATTERS 2.01 Copies of-Documents City shall Runish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision.Febnmy2,2016 007200-I GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perforin the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3--CONTRACT DOCUMENTS: INTENT,.AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a fimotionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITXOF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revision:Febnmy%2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws,and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees,from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members,partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification,manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITYOFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febntary2,2016 007200-1 GENERAL CONDITIONS .. e Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual lmowledge thereof B. Resolving Discrepancies.- 1. iscrepancies:1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification,manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 ' Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or beating the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications,other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITvoF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Pebnmy%2016