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Contract 47568
cnysmwAW .7 CONTRACT ND. rTYSECRETARY FORT WORTH �D.01, FILE •'I CONTRACTOR'S BONDING CO. CC)NSTRuCTl0N'S COPY PROJECT MANEA LIENT DEPARTMENT FOR THE CON TRucriON OF WATER AND SANITARY SEWER REPLACUMENT CONTRACT 2015, WSM—E FARC' Z CITY PROJECT NO.02446 WATER PROJECT NO. P253-609170244667 SANITARY PROJECT NO.P258-709170244687 D.O.E.NO. 7457 Betsy Price David Cook City Manager i Andrew T. Crouberg, P,E. Assistant Director, Water Department Prepared red Cor The City of Fort Worth � 0��� �l t� 2015 �r� 47d*ii■�tmmmrao¢m40i C. MICHAEL HINES,P,E. 12 rrsrt+rrrrrmrmrs�s •r IrAlt � � l� 01VAPrepared by: �� '�� °.� L ��� CIVIL ENGINEERINGP CRIADO & LAND SURVEYING TX Firm Reg. No. H-4373 777 Main Street, Suite 600 Fort Wirth,Texas 76102 CRIADD Project No. R.IM05.00 FORTWORTH,,,, City oFort W Standard Construction Specification Documents Adapted 5tptember 2011 00 00 00- 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 004541 fflxcll Business fitefpfise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 015526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 7719 Closeout Requirements 01 7823 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised November 22,2013 City Project No.02446 00wtau-2 STAND ARDCC]NMU'CtION SPEcIFicKrlaH uoct_.MaNTS Mage 2 of 4 Technival peciticaLirns which have been modified by the Engineer specifically for this Project; Hard copies are included in the Projlect's Contract Doc umernts 99 99 00 Temporary Asphalt Sidewalks, Driveways and Barrier Fire Ramps 99 99 Di Temporary Asphalt Curb arid Mutters Technical Specifications listed below are included for this Project by reference and cavi he viewed1downloaded from the City's 13uzzsaw site at htp :Jlpraer tpcint.l3u_saw.�c�lrl►cCionUforty�nrthgy =lleours�UI,^ _'[) %20Con%Lmction%'-ODocumeiitsiSpeci catipn* Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 lel Utility Removal/Abandonment 0241 15 Faring Removal Division 03-Concrete 033000 cast-Ira-Place Concrete 03 34 13 +Cualrolled Low Strength Material (CLSM) 0334 lfi Concrete &8e Material for Trench Rcpair 03 80 00 Mudificatiuns to Existing Concrete Structums ffivas4on 26 Eleetr"--1- ;;.s 06 go caffifflea We&Re-sults for Electrieal 05 1 n Demolition for-EA J.Yc,_i a c teff.a 26 0-4 33 REkeeRLys afid Boxes 1VJ ier Y-44A i}%I M� if Y 26-05-43 3 il.�,defgl „d_Tti.,�,+.. rl T}Her-, - _Eleerr 9!,s.,...,,.� '�T'T'3 R'rr°4P{Y C1l^L 7TilR?".] 1VJ LL4.�i�LL 1444+ SAY .ayai., Division 31 = Earthwork 31 1000 Site C[earing 3123 i644lielas edEx-eayatien 31 23 23 Borrow 31 ,24-09- Em13t7kffwnt5 312500 Erosion and Scdiraoen( Control 31 3690 Gabieas Division 32- Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 19 Tempora q Asphalt Paving Repair 32 01 29 Concrete Waving Repair 32. 1123 Flexible Base Courses 3211 29 Lithe Treated Base Courses 32 It 33 Cement Treated Base Courseq 32 1216 A5;phalt Foving 32 1273 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 132.4 Coacrete Sidewalks, Driveways and Barrien Free Ramps 32 1373 Concrete Laving..Joint Stmlants CrrY Or FDR-r woRTI-i Water and Sani�ary Sewer RLTIaeeinent STANDARD CCNSTRUCTIO LP SI,MFIC ATION DOCUMENTS Contraca2015.)NSM-1.=.,Pao12 Revised November 22.2013 City Nojul No IY2446 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 32 14 16 Bfiek T1fl;t Pa _ 32 16 13 Concrete Curb and Gutters and Valley Gutters 321723 321725 Gufb Addfess Painting 3231 13 Chain Fenees and Gates 323126 Wife>~enee and Gates 3231 29 and Gates 3232 13 Cast iii Plaee Coner-ete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 32943 Tfees and Shnibs_ Division 33—Utilities 3301 30 Sewer and Manhole Testing 3301 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 3304 10 Joint Bonding and Electrical Isolation 3304 11 CviTas-iin-cvTt foTl Test Stations 3304 12 Magnesium Anede Cathedie wecivii System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 12 Water Line Lowering 3305 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes,Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 05 20 Atigef Be,--iii� 33 05 21 Tunnel Linef Plate 330522 Steel Casing Pipe 33 05 23 Hafid Tunneling 330524 T t li t' f(`.,f fie.-Pipe in Casing of Tunnel Tine•Ulu 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC)Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber-Seated Butterfly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Watef Sample Stations 33 1260 Standard Blow eff Valve Assembly CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised November 22,2013 City Project No.02446 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 4 333 31 12 Cured in Dlaee CTPD\( Pipe 1r`loll 1 J 3331 13 Fibefglass Reinf-efeed Pipe f-ofGIuv y Sanitafy Sewefs 333 3115High Density Polyethylene(HDPE) D•Y f-ef c •r J Sewef 11-3 3331 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 333122 San tafy Sewe•Slip Lining 333123 C., ;t., Sewer-Pipe Enl o.,ent 33 31 50 Sanitary Sewer Service Connections and Service Line 333170 Combination n;.Valve e f.,f.C.,nit^ Sewer-Fefee Mains 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 333930 Fibefglass Trianheles 33 39 40 Wastewater Access Chamber(WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 110 ReinfereeCenefete Iter-fn Sewef Pipe/G„lye ft 3341 11 High Density Polyethylene (HDPE) Pipe feF etoff Dfai , �33 n 6 nn Subd ^inage 334601 Slotted Steffn Dfains 334602 Tfenn`c rDfains 3349 10 Gast in Plaee M 1 1 d r tion Boxes 334920 20 Ctifb and D..op root^ 334940 Ste n,. a Headwalls and W 11^ iiia vr'uii., Division 34—Transportation 3441 1 n T..^ff;, Sigflals 34� 41 11 Tempvary Trafe Signals 3441 13 Refnaving T,-^ffie Signals 3441 1-5 Reet,.....ulaf Rap d z iu^I .R b �-TrroTcrns'crnmTrpori-a c,i5 ., 13 344120 .,.,.1,,,.,.,TlI,,,Y.;.,^t;.l,4 3441 30 n l.,,v inidffi Signs 3471 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.13 Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised November 22,2013 City Project No.02446 CERTIFICATE OF INTERESTED PARTIES V7 3 roRm 1295 a�f 1 Complete odas.l-4 and 6 if there are f nteresteri parties. OFFICE USE C]NF Complete Nos.1,2,3,5,and 6 If there arena lrterested parties. CERTIFICATION OF FILING 1 Name of business entity filing farm,and the city,state and coun"of the husiness antlry's place Certificate NUMher. of business. 2015-1146 Wiiiliam J Schu Itz Inc rlba Circle C Construction Company Fort Worth, TX United States nate filed: _ 2 panne of gevemmental entity or stage agency that is a party tc the contract far which the roan is 0110512-716 being filed, City of Fort Worth Date.Acknowledged: 3 Provide the identification number used by the governmental entity or state agericy to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 02446 'ulcer And Sanitary Sewer Replacement contract 2015 Nrtnse of interested Party CRY,Slate,Gauntry(glace a business) Natu re of interest(check applicable) Controlling Intermediary Skelly, Teresa Fort WDrtb. TX Unlced States x 6 Check only if there is NO lnterestad Party. ❑ 6 AFFIDAVIT I swear.or qfh-rt,, u"der penalty of perjury, thal the above disclosure Is true and:correct. NKFC CHI�LE S. LAN ORD E 7�" l� ary PabficSTATE OF TExasIRD Nola y ID a 1tT,i9'4&9 t x Oc�onarT,Ppt9 Signature of authorized agent o Conhacting busineERs entity AM NOTARY;STAMP f SEAL ABOVe Sworn to and subscribed before me, by the said � tads the `� day oLs(:�r1 IL 2f) .to certify which.witness my hand and seal of orfice. 5ignalure of atlicer administering crab Printed name Qf officer administering oath Ti'.lea of nfiir;er adMinistoringi oath ["vrms provided by Tfexos Ethics Commission W%W.ethics.stata fx.u3 'Version V1.0,33598 M&C Review Page I 013 Official 5b of the City Cf Fort Worth,Texas CITY COUNCIL AGENDA Fo n COUNCIL ACTION: Approved on 111212016 -Ordinance No. 22034.01-2016 & 22035-01-2016 DATE; 111212016 REFERENCE NO.; *'C-27593 LOG NAME. CIRCL SMEP2 IRCLEC CGDE: C TYPE. CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with William J. Schultz, Inc. d/b/a. Circle ''C" Construeti( Company in The Amount of$547,635.00 for Waterand SanItary Sewer Replacement Contract No. 2015 WSM-E= Park 2, Provide for Project Costs and Contingencies in the Amount of 97,000-00 for a Project Total in the Amount of$644,635.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recorrimendecl that the City Council: 1, Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in th Water Capital Projects Fund in the amount of$492,001.00 and the Sewer Capital Projects Fund in the amount of$152,634.00 frorn available funds, and 2. Authorize the execution of a contract with W'iliiam J. Schultz, Inc. d/bla Circle "C Construction Company, in the amount of$547,635.00 for Water and Sanitary Seaver Replacement Contract 2015 V� E, Part 2. DISCUSSION: Cn February 10, 2015 (M&C C-271 82), the City CoUrull authorized an Engineering Agreement with Ci and Associates, Inc., to prepare the plans and specifications for Walter and Sanitary Sewer Replacem( Contract 2015 UVSM-E. Construction of this project will be in muitiple parts. This Mayor and Council Ccmmunication is to authorize a construc5on contract for the replacement of deteriarated water and/or sanitary sewer mains as indicated on the following streets: STREET FR{]M TO I SCOPE OF WORK donnell Avenue San uinet-Ire81 Eldrld e Sheet atertsewer Driskell Boulevard San uinet Sireet m_!cki Lynn Avenue I Water Lisbon Street OuCcise Street ClovenLan$ ,1VaterlSewer Harrison Avenue ,Jerome Street Mistletoe Drive Water W,Cleender Street 11 S. Main 5lreet St. Louis Avenue _Water S.Henderson StreetI M rile Street VV.Allen Avenue Water The project was advertised for bid or July 30, 2015 and August 6, 2015 in the Fort Worth Star-Telegra: August 20, 2015 the following bids were received: BIDDER AMOUNT TIME OF COMPLEIfI€}N William J Schutz, Inc, dlbla Circle"C" 7$ 6oIF i6o Calendar Days Construction Cam an Alkins BrothersE ui merit Camn , Inc, $837,113,00 HAL Uums Brothers Inc. $881,113,00 Jackson Construction, Ltd. $996,349.50 http:/.I w-,N-w,1ortwortligov.org/council_packetfnic_ievic,,,'.asp?JI.7-21866&cut)ncildate=lf1... 1f22_f2016 M&C Review Page 2 of 3 In addition to the contract cost, $57,000.00 (water: $37,000.00; sewer: $20,000.00) is required for proje management, inspection and material testing and $40,000.00 (water: $25,000.00; sewer: $15,000.00) i; provided for project contingencies. Appropriations for Water and Sanitary Sewer Replacement Contract 2015 WSM-E Project will consist o following: Description Amount Criado and Associates Inc. $ 229 082.00 A&M Construction, Inc. Part 1 $2,522,374.00 William J. Schultz, Inc. d/b/a Circle"C" Construction Company(Part $ 547,635.00 2) Project Management, Inspection, Material Testing and $ 416,500.00 Contingencies Parts 1 and 2 Total Project Budget 1 $3,715,591.00 Appropriations for Water and Sanitary Sewer Replacement Contract 2015 WSM-E Project will consist o following: Fund Appropriations Water Capital Projects 59601 $2,113,689.00 Sewer Capital Projects 59607 IF $1,601,902.00 Project Total $3,715,591.00 *Amounts rounded up to nearest dollar for presentation. Construction is anticipated to commence in January 2016. With a contract time of 160 calendar days, t project is estimated to be complete by the end of June 2016. This project will have no impact on the Water Department Operating Budget. M/WBE OFFICE: William J. Schultz, Inc. d/b/a Circle "C "Construction Company is in compliance with City's BDE Ordinance by committing to two percent MBE participation and documenting good faith effort. William J. Schultz, Inc. d/b/a Circle " C " Construction Company identified several subcontractinc supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is nine percent. The project is located in COUNCIL DISTRICT 9, Mapsco 75K, 75M, 75P, 76M and 77J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendati( and adoption of the attached appropriation ordinances, funds will be available in the current capital bu as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal 2016 Water Operating Budget includes appropriations of$26,068,353.00 for the purpose of providing as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $16,567,907.00. The Fiscal Year 2016 Sewer Operating Budget includes appropriations of $26,300,0 for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fiscal Ye 2016, the balance will be $22,136,370.00. Fund Appropriations Encumbrances and Remaining Expenditures Balance Water Capital Projects 59601 $2,113,689.00 $2,111,083.00 $ 2,607.00 Sewer Capital Projects 59607 $1,601,902.00 $1,594,504.00 $ 7,399.00 Project Total $3,715,591.00 r $3,705,586.00 $10,006.00 6-1 *Amounts rounded up to nearest dollar for presentation. http://www.fortworthgov.org/council_packet/inc review.asp?ID=21866&councildate=l/l... 1/22/2016 M&C Review Page 3 of 3 TO Fund Department Account Project Program Activity Budget Reference## Amvi ID ID Year fGhartfield 1) 58601 D600430 4956001 002446 001785 2016 $492. 1 59601 0500430 5740010 CO2446 001788 2016 $492 1 596D7 0700430 4959001 002446 001788 2016 $152, 1 59607 070[}430 5740QlD 1 002446 001788 2016 $152 FROM Fund Department Account Project Program Activity Budget Reference 4 A rnoi In ID Year Chartfield 2 59601 0600430 5744010 002446 001788 2116 $430, 59607 1700430 5740014 002446 001783 2016 $117. Submitted for City Msnagees Office by Jay Chapa (5804) Originating Department Head: Jahn Carman (8246) Additional Information Contact.. Rakesh Chaubey (6051) ATTACHMENT 6015WSMEP2 CIRCLEC Map0l.pdf 601EWSMEP2 CIRCLEC Map02.pdf 6015WSMEP2 CIRCLEC Map0�..pdf 6015VVSMEP2 CIRCLEC M p04_pdf 60'5WSMEP2 CIRCLEC sewer A016.docx 5015WSMER2 CIRCLEC water A01 6.docx Form 1295 for Circle C Constr.pdf ( G - I htip://www.flort nrtligov.arp,/council_pack+ellme_reviewasp?1D=21$66&councildate=111... 1? 2'2016 i ADDENDUM NO. 1 CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015,WSM-E,PART 2 City Project No. 02446 Water Project No.P253-609170244687 Sanitary Sewer Project No.P258-709170244687 D.O.E.No.7457 Addendum No. 1.Issue Date:August 14,2015 Bid Receipt Date:August 20,2015 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents.Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents(inside).Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. Proiect Manual Remove and replace the following items in the Contract Documents: 1. Remove section 00 41 00 Bid Form in its entirety and Replace with the attached Section 00 4100 Bid Form.—Contract Time increased to 100 days 2. Remove Section 00 42 43 Proposal Form in its entirety and Replace with the attached Section 00 42 43 Proposal Form, Unit I— I"Water Meter Service, Meter Relocation has changed to I" Water Service,Meter Reconnections. Added bid item 36-Construction Staking Added bid item 37- Construction Survey - Unit 2-- Removed Bid Item 11- 4"Sewer Service, 2 Way Cleanout Added Bid Item 17- Construction Staking Added Bid Item 18- Construction Survey 3. Remove Section 00 52 43 Agreement in its entirety and Replace with the attached Section 00 52 43 Agreement.—Contract Time increased to 100 days All other provisions of the contract documents, drawings and project manual shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive.A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. Water Department Andrew T. Cronberg,P.E. RECIEPT ACKNOWLEDGEED: Assistant Director By: By: I PJ Tony Sholola,P.E. Company:Ciri C Cois.t uta®n Engineering Manager(Water Dept.) ADDENDUM NO. 1 1 of 1 (1011 i . 1 1N V ITA`fJON TO 13IIDDF-11S t SECTION 00 11 13 2 INVITATION TO 13lDDFRS 3 A RECEIPT OF BIDS 5 Sealed bibs for the construction of Water and Sanitary Sever Replauemerd Contract 2015, WSM- 6 E; Part 2, City Project No. 02446, DGE No. 7457,Water Project No. P2.53-609170244687 and 7 Sanitary Sewer Project No. P258-709170244687 will be received by the City of Fort Werth 8 PUrchnsing Office: 9 10 City of Fort North I 1 Purchasing Division 12 101X)lThrockmo tan Saw( 13 Fart Worth.Texas 76102 14 until 1:30 RM. CST,Thursday, August 20 , 2015, and bids will be opened publicly and real 15 aloud w ZOO PM CST in the Council Chambers- 16 17 (;RNERAL DESCRIPTION OF WORK t The major work will c(}nsist of late. (approximate)fdllowing; 19 20 Section A —Water Line- Improvements 21- 1,200 LF 12" Water Pipe 22 1,453 LF 8" Water Pipe 23 150 LF 6" Water Mpc 24 57 EA 1" Water Services 25 7 EA 12"Gate Vu Ives 245 12 EA W'Gate Valves 27 8 EA 6" Gate Values 29 8 EA Fire NydraWs 29 30 Section B Sanitary Sewer Lime Improvements 31 621 LF 8" Sewer Pipe 32 26 EA 4" Sewer Services 33 } EA 4' Sewer Manholes 34 35 36 PREQUALIFICATIOPS 37 The improvkrnenls included in this project must be performed by a coturactor who is pre- 38 qualified by the City at the tints of bid opening. The procedures for qualificalion and pre- 39 qualification are outlined in the Section 00 21 13—I.NSTRUCTIONS TO BIDDERS. 40 41 I1OCLJMEN'T EXAMINATION AND PROCUREMENTS 42 The Bidding and Contract Documents may be examined or obtained on-lime by visiting the City 43 or Fort Worlh's Purchasing Division website at k�tts717w�a+�.tc7rtW`frtl��,c�_vrc�r��asin and 44 clicking on the. Buzzsaw link to the advertised project r'olders on tho City`s Buzzsaw site. The 45 Comract Documents may be downloaded, viewed, ttnd printed by interested contractors nndlor 46 suppliers. 47 48 49 CITY OF FORT WORTH Wale9'and S•aml aq scm:'Replttc--mcnl STANDARD CONS- LZUCTION ISFECIFICA"ION aOCHNIRNTs ConLrect 21115.NVSM-E�Pail Revfscd.illy 1.2011 CILy FrD cct'%'oo 02446 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Copies of the Bidding and Contract Documents may be purchased from 2 3 Criado &Associates, Inc. 4 4141 Blue Lake Circle, Suite 133 5 Dallas, Texas 75244 6 (972) 392-9092 7 8 The cost of Bidding and Contract Documents is: 9 Set of Bidding and Contract Documents with full size drawings: $60 10 Set of Bidding and Contract Documents with half size (if available) drawings: $40 11 12 PREBID CONFERENCE 13 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 14 BIDDERS at the following location, date, and time: 15 DATE: August 10, 2015 16 TIME: 10:00 AM 17 PLACE: City of Fort Worth Water Department 18 311 W. 10th Street 19 Fort Worth, Texas 76102 20 LOCATION: Conference Room 21 22 23 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 24 City reserves the right to waive irregularities and to accept or reject bids. 25 26 INQUIRIES 27 All inquiries relative to this procurement should be addressed to the following: 28 Attn: Mr. Rakesh Chaubey,RE, City of Fort Worth 29 Email: Rakesh.Chaubey@fortworthtexas.gov 30 Phone: 817-392-6051 31 AND/OR 32 Attn: Michael Hines,P.E., Criado &Associates 33 Email: mhines@criadoassociates.com 34 Phone: (972) 392-9092 35 36 ADVERTISEMENT DATES 37 July 30, 2015 38 August 6, 2015 39 40 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised July 1,2011 City Project No.02446 DO 21 13-1 INSTRUCTION'S TO HIDDIERS Page l 0r9 I SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined`!i'ernis 4 5 1 ,1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GHNER AL CONDITIONS. 7 8 1.2.Certain additional tcrins used in these FNSTRUCTIONS TO BIDDEM have the 9 meanitrgs indicated below which are appiicable to bath the singular triad plural lhereor, 10 11 1.2.1. Bidder: Any person, firm* partnership, compsny, association, or corporation acting 12 directly through a duly authorized representative,subntitting a bid for performing 13 the %vork couteinplated render the Contract Documents. 14 is 1 .2.2. Nonresident Bidder: Any person, firm, patinciship,company, association,or 16 corporation acling directly through a duly authorized representative,subrlitting a 17 bid for perfarming the work conternplated under the ConTract Documents whose 18 principal place of business is not in the Statc of Teas. 14 20 1.2.1 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 ofBidding Documents 24 25 2.l.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets orRidding Documents. 27 28 2.2.City and Englticat In making copies of Bidding Docurivris available de so Drily for the 29 pa irpe.5e of obtaining Bids for the Work and do 110t alrthcrrize or confer a license at grant 3C ror any other use. 31 32 3. Prequalification ofBiddeis (Prime Coal ractors and Subcontractors) 33 34 3.1,All Ridders and their subcontractors are required to be prequalii'ied for the work types 35 requiring prequalific.ation at 1he time&bidding. Bids received froin contractors who are 36 not prequalified (even if inadvertently oireired) shall not be considered. Prequaliftcatior 37 req ui1-0111ellt wDrk types anti documen tat lort are as fcIlows: 38 39 3,1.1. Paving Requirements document located at; 40 lilips://P iectpciint.buzzsaw.coal/fortworthpov/Resources/02%20- 41 D/g2C(-L)!isirtictionafo2DI ocu3nentsr'Coirtractor'/`2OPrequalificatiorVTPWl`/*2.DPaving 42 11/00Uoir[racturK20Preq uaIi6cat ion%20Pro g rani/PR [e A L I F I C A T 10 N%20RE 43 UIRI-NjEN7'S o20F0R°1820PA1JING%20C'.ONTRAC'TORS.PDF?pufelic 44 45 3.1,2.. Roadway and Pedestrian Lighting,—Requirements document located at; 4(1 h Itps:lIVromeL;I00i n t.huz7saw.com/fortw ortligoviRc sou rec x/02%20- 47 %20C o risiruct lori%20 Docum ents/ContractorOAZO Prqq ua]iticut i4nlTPW%20Pavin 48 %a213Contractor°le20PrequaiifrcatioaOX,2DPrograrnYPREQU ALI1=ICrATION Mo2ORE 49 UIRFII++LENTS%20FOR%20PAV1NG%2000NTRACT RS.PDF- ublic CITY OF FORT WORTII Wgler and:5aiulary Sewar Raplacxmcnt STANDARD CONSTRUC-110t+.S",CIFICATION DOCUMENTS Conrran 2DI5,VISM-E,i'2r12 Revised April 27,2015 Cite Prdj"i No.02446 0021 13-2 INSTRUCTIONS TO 13IDDFRS PaV2 oi'9 I 3.13. Water and Sanitary Sewer— Requirements doe utnent located at: 3 htt s,l! ro`ect oint,buzrsaw.comJfcrtworth ovfResources?024r'n20- 40/2(tConstruction0/4200ociiments?Cnniractnr%20Prequalificat iorl1Wa1eT4/62Oand1/1o2 5 OSatlitaryYa2OSc%versf4''OContractor/o2OPregualitication%2OPrragram{WSS°In29pre 6 quai%20rcuuircilnents.dur-'?12ublic 7 8 9 3.2. Each Bidder unless currently prequalified, nest be prepared to submit to City within J0 seven (7)calender days prior to ]aid opening,the dncumentation identified. in Section 00 11 45 11, BIDDERS PREQUALIFICATIONS. 12 13 3,2.1, Submission ofandhnr gUeSdoliS Delated to pregualifacatio l s110u11I be addressed to 14 tiie City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is VII apparent IMY 18 lhiddei�s) for a project to submit such additional information as the City, in its sole 19 discretion may Require, including bat not limited to mwipower and equipment records, 20 information about key persoanel to be assigned to tree project, and coils ruc(iull schedtllc, ,1 to assist the City in evaluating and assuming the ability oftlle appai'elit low bidder(s) to 22 deliver a quality product and successfully complete projects for the amount bid w'lthin 23 the stipulated time frames Basad upori the City's assessment of the submitted 24 information, a recornmend$Iion re-gardi g the award of a contract will br, Inade to the 25 City Council. Failure to submit the additional information, if requested, may be grounds 26 for rejecting the apparent low bidder as lion-itsponsive. Affected contractors will be 27 notified in writing of rccvmnicndation to the City Council. 28 29 3.4.In addition to prequaliflcatior, additional requirements for qualification may be required 30 WitliiII vat'iOUS sections of the Contract Doe Lltile n1s. 31 32 14. Examination of l4idding and Contract Dorutne.ntst Other Related Data, and Site 33 34 4.1.Before subirtiv ing a 13id,each Bidder shaiL 35 36 4,11.1. Bxanline and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents (including "technical data" referred to in 38 Paragraph 4.2. below)."No iiiforn-tation,given by City or any representative of Tile 39 City other than that contained in the Contract Documents and officially 40 pl'cmulgated addenda tl>ercto, Sllalll be binding upon thre Citi'. 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 Inay affect cost, progress, performance orfurnishing of tile 44 Wo& 45 46 4.1.1 Consider federal,state and local Laws and ]Regulations that may affect cast, 47 progress. per-Form ancc or furnishing of the Work. 43 CITY OV FORT WORTH Woler qnd Snniwry Sewer ReplRcument STANDARD CONSTRUCTION SPECIFICA`rION DOCUMENTS Cantrx:1 2015.VdY.M-2.Part R vtsM April 27.2415 City ProJecl MD.01446 0021 13-3 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 "technical data." 8 9 4.1.5. 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 deems 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 estimates, 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 4.2.1. 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 guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 002113-4 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 7 Documents, but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other 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 City written notice of all 19 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions 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 biplienyls (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 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 the Supplementary Conditions. In the event the necessary right- 44 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 OC,21 13.5 INSTRUCTIONS TO BiDDCRS Page a UF9 1 5.3, The Bidder shall be prepared, to 4`t}mIneFlee construction Wititout all executed right-Of- 2 ways, easements,andJor permits,and shall submit a sc1 cdule to t[ie City of how 3 construction will proceed in the otller areas of the project ihad do not rcquirc permits 4 atid/Dr easements. 5 6 6. I"1erpretations and Addenda 7 s 6.1.All questions about the meaning or intent of the Bidding documents are tci be directed to 9 City in writing on or before 2 p.111., the Monday prior to the laid Gpening. Questions l received after this days may not be responded tci. Interpretations or clarifxatiuns I 1 considercd 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 elurstions answered by formal 1VPitten Addenda will be binding. Aral and Other 14 interpretations or elarificatiails will be without legal efFect. 15 1 1) Address questions to: 17 is City a e Fort Worth 1q 1000 T li rockm orton Street 20 rot Worth, TQC 76102 21 Atin, Raklz*li Cliaubey, P.E. Water Departlnent 22 Fax: 817-392-8195 23 Elnaii: Rakesli.Chaubey'"@fiDt-wotihtexas.gov 24 Phone: 817-392-6051 25 26 27 6.2.Addaanda stay also be issued to modify the Bidding Doctiments as deemcgd advisable by 28 City. ?9 36 6.3-Addenda or clarifications may be pasted via Buzasaw at 31 111Lps..!proiectpoint.diuzsatiy.comn fo_f'tA-ortltgoviinfrastructure%2OPm4ectsIO2446u/o?0- 32 010e 0WSSR%20Co1ntract%202015%2()M1 SIM-E%20- 33 1 e0WSSR%20Contraet%202015%2()M1SIM-E%20- 33 'Yo2OParr%202/Bid%2ODocum.cn&o:.UPacka e/Adderkda? tiblic 34 35 6,4.A prebid conference may be held at the time and place indicated in the Advertisement or 36 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 37 Project. Bidders are encouraged to attend and participate in the conference. City will 36 transmit all prospective Bidders of record such Addenda as City considers neccssary 39 in response to questions arising,at the conference. Oral 51artcluc ti15 may not be reified 40 upon x d Will not be bindirig ar legally effective. 41 42 7. Bird Security 43 44 7.1.Each Bid must be accompanied by Biel Bond made payable to City in an amount of Five 45 (5) percent of Bidder's maximurn laid price on form attached, issued by. a surety rneetilt,g 46 the requirements of Paragraphs 5.01 of the+general Conditions. 47 CITY OF FORT WORTH Wtiter and San14rY"ieiv'er RcplaLcitrent STANDARD C'UNIS`1€tLIC710N SPECIFICATION DOCUMENTS C4nlrnel 2015,IN',N1 F.Pari 2 ReYised April 27.2D15 Cii3'PreaicerND_02446 0021 13-6 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 within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the 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 I 1 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 Form. 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 Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 01 25 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 Office 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 with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 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 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 0021 13-7 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 seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships 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 address of the partnership shall be shown below the 19 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 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 0021 13-8 INSTRUCTIONS TO BIDDERS 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 tine 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 tine 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 tine 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 tine 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 tine indicated sum of any column of figures and tine correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor 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 tine 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 tine judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 0021 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 persons and 13 organizations to perforin 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 Bidder whose evaluation by City indicates that the award will be in the 21 best interests of 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 underbid 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 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. 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 and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of hlsurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION 48 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised April 27,2015 City Project No.02446 c0 3513 BIU FORM Page 9 of SECTION 00 35 13 CONFLICT CI` INTEREST AoFFIDAVIT 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 Farm) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required dracurnentatian and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. stip (Avow.ethics.state_tx.uafform /00,Rdf httn 7,jv,uw.ethics.slate.tx.us)fa_rmslCIS.pdf 1A CICS Foray is on file with City Secretary C] ClQ Form is tieing provided to the City Secretary 0 CIS Form is on File with City Secretary ❑ CIS Form is being prowded to the City Secretary BIDDER: William J Schultz Inc DBA Circle C Construction By: Teresa S Skelly FO Box 40328 Signature: Fort Worth. TJX 70140 Title: Vice Presid)et END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 1)120327 0041_030p_43_1 3_00d4L43_OQ_43_37_00 45_12 COL35_13_Bid_Proposal_Workboak—P2111 0041 00 BID FORM Page 1 of 9 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Water and Sanitary Sewer Replacement Contract 2015, WSM-E; Part 2 City Project No.: 02446 Units/Sections: Section A-Water Line Improvements Section B-Sanitary Line Improvement 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00_41_00_00_43_13_00_42_43_00_43_37_00_45_12_00_35_13_Bid_Proposal_Workbook_P2[11 0041 00 BID FORM Page 2 of 9 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. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, Urban and Renewal, 12-inch diameter and smaller b. Sewer Collection System, Urban/Renewal, 8-inches and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 70 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 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. $S117, G35'. o e 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00_41_00_00_43_13_00_42_43_00_43_37_00_45_12_00_35_13_Bid_Proposal_Workbook_P2[1] 004100 BID FORM Page 9of9 T. Bid Submittal This Bid is suhmitted on August 20, 2015 oy the entity named below. Respectfully submitt Receipt is acknowledged of the Initial following:addenda; By: -- r _. Addendum No. 1: TS5 (Signatures Addendum No. 2: Addendum No. 3: Terea_ Skelly -addendum No-4 (Printed Name) Title: Vice President Cornpary; WiViarn J Schultz Inc DBA Circle C Construction Gorpo rate Seal: Address: P4 Box 40328 Fort UVarth, TX 76140 State of Incorporation, Texas Brraatl: t skellyoMordecconstruction.cQrn Phone: 817-293-1863 END DF aECTICN CITY OF FORT WORTH STANDARD CC7NSTRUCTION 3REQ IFICATICIN DOCUMENTS Fgmn Ravmsd 24120327 P_41_000k43_1 A_K_42_43_0 43_37_00_0_12_40_35-13—WLProPusaLWtmkbuok—P2j1I 00 42 43 DID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Description Specification Section No. Unit of Bid Unit Price Bid Value Item No. Measure Quantity Unit I-Nater Line Improvements 1 3311.0461 12"PVC Water Pipe 3311 12 LF 1,200 $55.00 $66,000.00 2 3311.0261 8"PVC Water Pipe 3311 12 LF 1,453 $44.00 $63,932.00 3 3311.0161 6"PVC Water Pipe 3311 12 LF 150 $38.00 $5,700.00 4 3311.0001 Ductile Iron Water Fittings 3311 11 TON 4.5 $4,500.00 $20,250.00 5 0241.1118 4"-12"Pressure Plug 0241 14 EA 1 $1,000.00 $1,000.00 6 0241.1302 Remove 6"Water Valve 024114 EA 11 $150.00 $1,650.00 7 0241.1303 Remove 8"Water Valve 0241 14 EA 1 $200.00 $200.00 8 0241.1304 Remove 10"Water Valve 0241 14 EA 3 $300.00 $900.00 9 0241.1510 Salvage Fire Hydrant 0241 14 EA 2 $600.00 $1,200.00 10 3201.0112 5'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 81 $45.00 $3,645.00 11 3201.0400 Temporary Asphalt Pavement Repair(2"HMAC on 6"CTB) 3201 18 LF 3,475 $16.00 $55,600.00 12 3201.0614 Conc Pvmt Repair,Residential 3201 29 SY 100 $85.00 $8,500.00 13 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 160 $30.00 $4,800.00 14 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SY 81 $10.00 $810.00 15 3304.0101 Temporary Water Services 33 04 30 LS 1 $15,000.00 $15,000.00 16 3305.0003 8"Waterline Lowering 33 05 12 EA 2 $4,500.00 $9,000.00 17 3305.0004 10"Waterline Lowering 33 05 12 EA 1 $5,500.00 $5,500.00 18 3305.0005 12"Waterline Lowering 33 05 12 EA 1 $6,500.00 $6,500.00 19 3305.0109 Trench Safety 33 05 10 LF 1,632 $1.00 $1,632.00 20 3312.0001 Fire Hydrant 33 12 40 EA 8 $3,200.00 $25,600.00 21 3305.0101 Fire Hydrant Stem Extension 33 05 14 EA 1 $500.00 $500.00 22 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 5 $1,000.00 $5,000.00 23 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 17 $1,500.00 $25,500.00 24 3312.1002 2"Combination Air Valve Assembly for Water 33 12 30 EA 1 $4,500.00 $4,500.00 25 3312.2201 2"Water Service,Meter Reconnection 33 12 10 EA 3 $1,200.00 $3,600.00 26 3312.2203 2"Water Service 33 12 10 EA 3 $300.00 $900.00 27 3312.2004 1"Private Water Service 33 12 10 LF 170 $45.00 $7,650.00 28 3312.2001 1"Water Service,Meter Reconnection 33 12 10 EA 57 $26.00 $1,482.00 29 2"Water Service,Meter Reconnection and Vault 33 12 11 EA 3 $800.00 $2,400.00 30 3312.2003 1"Water Service 33 12 10 EA 57 $600.00 $34,200.00 31 3312.3002 6"Gate Valve 33 12 20 EA 8 $950.00 $7,600.00 32 3312.3003 8"Gate Valve _ 33 12 20 EA 12 $1,200.00 $19,400.00 33 3312.3005 12"Gate Valve 331220 EA 7 $1,800.00 $12,600.00 34 3471.0001 Traffic Control 347113 MO 2.5 $1,500.00 $3,750.00 35 3125.0101 SWPPP >_1 acre - 31 2500L 1 $2,500.00 $2;-500.00 36 9999.0002 Construction Staking 01 71 23 LS 1 $3,000.00 $3,000.00 37 9999.0003 Construction Survey 01 71 23 LS 1 $3,000.00 $3,000.00 Unit 1-Water Line Improvements Total $430,001.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00_41_00_00_43_13_00_42_43_00_43_37_00_45_12_00_35_13_Bid_Pmpo..I Workbook With_Addendum N,_Ifll -'i 10 1110•:;;11 1 S1 OVON 4D 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Applica#ian Project Bidder's POrtxr rni I143-t Mgcrprian SPeeticer1w SM11 rR No Unir nr 8id UO;[r+r c a d male Ilan No Mcaaurc QlImtdy knit1-$enlrmvSewerT rrrImpmvxmenm 1 33514115 9'8nvmr Pipe 3511103331 42 333120 LE 132" $dS.DO $279d9.ct7 2 0291 2261 Remove 9'Sear Manhale D241 14 EA. 6 $800.0'] E3 500.Go 3 3305.009 Tranah SHfipy 330514 LF 621 31.904621-CO 4 3Sl3MM01 Pre•CCTVlrs ecilan 9304 V LF 821 S5 100 $3105.00 5 01aCC44 P+ver-MTV rna i.I Qn 3301 31 LF 321 t3:S34 $1$69.Ci0 Q 3y41.0101 ManihotavWdumribiting 33 01 D EA 9 $150A0 11,S50-00 7 3x01.0112 Mrae Aa call p4h1L rte a r,Fiatidamial 32 Dl tT LF 121 $46.00 ISMS.Oq ® 32111.4400 TanWary Asphalt Favarmnl.Reair2"HMACrrr.6'CTB 320118 LF 24S $16,110 53MDp 9 a2s2 nava Seadin ,H dramClch 32 W 13 SY 225 $5.44 $1 M00 10 33-05.0103 ErplormLoryExnavelimnorE.mioHngUtiilies 334E 3} EA 2 5 310D7.00 11 3331 310t 4'Sr3wsr Servlca 33 31-M EA 29 365D.?C $18.11COLOG 12 3339.1004 4Menhale 333910 333921 FA 9 S320a3a1 2980[304 13 13M1003 4'Extra Det MenRcla 3339 10 a3 39241 VF 3.0 5154.'3{) 446D.00 14 333SLD004 E Manhole Liner 33all 6D VF 48 $185.00 $8990.04 15 34P.UW1 TralfleOnrlrral 34Y11a MG 33 $1500.O0 $4p75.pp 15 31250101 9WPPF x i mire 31 750'. LS 1 $1,540,00 51 500,00 1? 399EI CCO2 CilanrnB3 on$la 3 7);3 L5 i $3 DD4.04 $2.U04.OD 18 0998..40030 nMl njal)Surway 'S`+1 i3 L3 1 2000,00 $20047.-0D Wit 2-SAMilaty Sewer Lin*Ira ed"Motit$Tdtdi 117 834,07 Sdd Summury Unit1-Water Lime ImprravemantsToial $430,DOI_00 Un1t 7 unitary Sawar Lina Impravemants Tatall 3111.9n4 w TataI aid 16'Jater Lina hmpemuments and Sanllary Sewer Lina lrnprovenrants) g54y 1335 tad r:n r O Trnr v xvtmr ST.IMORE 9033 1MICTIC10.'9P7tiP1CAMON DO0J%%Kl3 Tnm nm3.aa MIN I-ID inl_a rail rA_►r_ll�ti_1l J5 u1_sJ_kY rd ii_I!�SS r}ra'J lSvas.o�Y461h k Irai�JL:LIe.l�n N,_II II M 411 VE:ND0R COMPLIANCE-O ETAT1 LAW Rag&7 of 9 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAO; NON RESiDE,VT BIDDER Texas Government Cade Chapter 2262 was adapted for the award of contracts to nonresident bidders- This law provides that, In order to be awarded a contract as low bidder, nonresident bidders (prat-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 arnourit lower than the lowest Texas resident bidder by the same arnount 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 our principal place of business, are required to be percent(ower than resident bidders by State Law. A copy of the statute+s attachod. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders B. The principal place of business of aur company oar our parent company car majority owner is in the State of Texas. BIDDER: William J Schultz Inc DBA Circle C Construction By: Teresa. S Skelly PC Box 40328 0 (Signature) Fort Worth, T)t 7614 Title: Vice President Dater END OF SECTION CITY OF FORT WORTH STAMdARID G0NS7RUC;TI0N SP�GMPICATION DOCI MENT5 Farm Revised 20110627 QQ_41_OL7_00 43_13OC1_42_49_I➢4 43_37_00_#6_12_00 95_13_lNd2ropoml_V1o*Wok_P2[1t 004511 -1 BIDDERS PREQUALIFICATIONS Page 1 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 1 I 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 31 st 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 firm'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/taxpermit/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 Water and Sanitary SeNver Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised July 1,2011 City Project No.02446 0045 11 -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 Pr-equalification 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. hicomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A" 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised July 1,2011 City Project No.02446 0045 11 -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 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised July 1,2011 City Project No.02446 0045 12 BID FORM Page 8 of 9 SECTION 00 45 12 PREQUALIFICATION 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 Water Distribution, Urban and Renewal, 12-inch diameter and Circle C Construction 10/31/2015 smaller Sewer Collection System, Urban/Renewal, 8-inches and Circle C Construction 10/31/2015 smaller List work type here or space Compap Name Here or space 'Qate Here or space List work type here or space Cin rr ,Name mere or space date Here or sppce The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: William J Schultz Inc DBA Circle CConstruction By: Teresa S Skelly PO Box 40328 0 (Signature Fort Worth, TX 76140 Title: Vice President Date: -Zd _/S� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00_41_00_00_43_13_00_42_43_00_43_37_00_45_12_00_35_13_Bid_Proposal_Workbook_P2[1] UONTRACT()a COMt'jl..]AMCh Wl'1'H 1UQRK12WS COM PENS ATIC N II.AW NEC I orf t SECTION 00 45 26 2 CONTRACTOR COMPLIANCE 1WI7I-I WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Crede S--clion 406 09.6fa),as amended, COntl-actar certifies that it 5 provides worker%co[npenSatic�ly rl'SUI'altCe COW 11'age fol'all 0f its cin pioy'ees Qmpjoy ad oil Cil . 6 Pwject No. 02446. Contractor further certifies Ihat, pursuant to Teras Labor Code, ,lection 7 406.096(b), as amended, it will provide to Citw its subcolttJ-actor's R wul cellificates nfLcamplialtce tiwith i er's compensation 9 10 CONTRACTOR- 12 cel-,l 13 14 Company (Please Print) 15 _ 16 Address 5rgnature: 19 CitylStatejzTitle:ip 2 (}Tease Print) 2J NKFORD 22 THE STATE OF TEXAS *; ;tet wwwy Public 23 �� �� STATES OF TEXAS ' lwaleryID011M94" 24 COUNTY OF TARRANT 25 26 BEFORE ME, the undersigned auifiority, on this day pl~rspnal]v appeared 27jezraa , known to me to be the PI-X% 11'l whose name is I subscrihM to the foregoing inst>•umert, and acknowledged to me that he/.3he executed the 29 Che act and deal of ���r` same as 30 considcmilorl thcl'ein exprInssed and in the capacity th 37 erein stateetfr�r the�}ur }ps and .32 GIVEN UNDER MY HAND ANTD SEAL OF OFFICE this 33 . rrs ,2(V day a 34 35 36 37 NoIar�y Public in and�fof* �eS tate �Qf xas X13 39 END OF SECTION 4() CrrY CJFFoR'r WQR°TI1 STANDARD CCNSTRI)C-no N SPECI>'JrATJOI% MCUMIEN"f S Water and 3-40a-Y 5"'er Acpl,�Cc�'lent RCVised Tuly I,2rll I Coniracl2015,WSIM-E,Nd 2 Cily PrOiLCIL No 02441 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of I 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 9% of the total bid (Base bid applies to Parks and Connnnnit); 16 Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an 17 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 18 responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 26 3. Good Faith Effort documentation, or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive. Any questions,please contact the M/WBE Office at(817) 392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Purchasing Division, within the following times 33 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror 34 shall deliver the MBE documentation in person to the appropriate employee of the Purchasing 35 Division and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed copy will not be accepted." 1. Subcontractor Utilization Form, if goal received by 2:00 p.m., on the second City business days after is met or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second City business days after Utilization Form,if participation is less the bid opening date,exclusive of the bid opening date. than statedgoal: 3. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second 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 received by 2:00 p.m., on the second City business days after will perform all subcontracting/supplier the bid opening date,exclusive of the bid opening date. work: 5. Joint Venture Fonn, if utilizing a joint received by 2:00 p.m., on the second City business days after venture to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 2 Revised June 9,2015 City Project No.02446 00 52 43- I Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 12 January 2016 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and William J. Schultz, Inc. d/b/a Circle C Construction Company, authorized to do 6 business in 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 Water and Sanitary Sewer Replacement Contract 2015 WSM-E Part 2 16 City Project Nwnber 2446 DOE No. 7457 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 The Work will be complete for Final Acceptance within 160 Calendar days after the date 23 when the Contract Time continences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Six Hintdred and EiLly Dollars ($650.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONS'T'RUC'T'ION SPECIFICATION DOCUMENT'S Contract 2015 WSM-E Part 2 Revised.lune 4,2012 City Project No.2446 005243-2 Agreement Page 2 of 5 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Five Hundred Forty Seven Thousand Six Hundred 39 Thirty Five Dollars and No Cents ($547,635.00) . 40 Article 5. CONTRACT DOCUMENTS 41 5.I CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specie) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. DOCUmentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E Part 2 Revised June 4,2012 City Project No.2446 005243-3 Agreement Page 3 of 5 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused,in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees,from and against any and all loss, damage 89 or destruction of property of the city,arising out of, or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article I of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E Part Revised.tune 4,2012 City Project No.2446 005243-4 Agreement Page 4 of 5 107 7.4 Severability. 108 ANY PROVISION OR PART OF THE CONTRACT DOCUMENTS HELD TO BE 109 UNCONSTITUTIONAL, VOID OR UNENFORCEABLE BY A COURT OF 110 COMPETENT JURISDICTION SHALL BE DEEMED STRICKEN, AND ALL 111 REMAINING PROVISIONS SHALL CONTINUE TO BE VALID AND BINDING 112 UPON CITY AND CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E Part 2 Revised.lune 4,2012 City Project No.2446 00 52 ata-5 Agrewimil page 5 of 146 This Agrecntient is effective as of the Cast clan. signed by the Parties 147 Contractor: City of Fart wortli William J. Scholtz, Inc. dba Circle C Construction Company .IeSaS J. 0761pa Qy: � , Assistant City Manager (Signature) Date Teresa S. Skelly ,Attest: (Primed Named City secretary Title: Vice—President og 4-4 Address: P. 0. Box 40328 31: 500 W. Trammell M&C C_ 4_"1 _ � �,� Date: City/Slatc/Zi ): Fort Worth, TX 76140 Approved as to Form and Legality: Oz�1a�1� Date Dougks W. Black Assistant City Attorney l48 IzIrO zald_ 11�1� 149 150 APPROVAL RECO VMENDED: 152 153 154 Andrew'T'.Cmnberg P.E. r 155 Assist. Dinector 156 Waley,1']eparlrvvV 157 JE OFFICIAL RECORD "rantTy CITY OF FORT WORTH Water and SanitAry Serves' Rcplaccment sTANDARD CONSTRkJCTION SPEC IFICATION DOCUMENTS Cantrucf 2015 WSM-E PIM 2 CiuMULULIne4,2012 City I'rnjut No.2446 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 Bond No. TXC606812 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, William J. Schultz,Inc. d/b/a Circle C Construction Company, known as 8 "Principal' herein and Merchants Bonding a corporate surety(sureties, if more than one) Company Mutual 9 duly authorized to do business in the State or Texas, known as "Surety" herein(whether one or more), 10 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to 1 1 the laws of Texas, known as "City" herein, in the penal sum of, Five Hundred Forty Seven 12 Thousand Six Hundred Thirty Five Dollars and No Ceuts ($547,635.00)lawful money of the 13 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well 14 and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 15 jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 12 day of January, 2016,which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 19 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said 20 Contract designated as Water and Sanitary Sewer Replacement Contract 2015 WSM-E Part 2, 21 City Project Number 02446 DOE 7457. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall 23 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 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 extension 26 of the Contract that may be granted on the part of the City,then this obligation shall be and become 27 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E Part 2 Revised July 1,2011 City Project No.2446 0061 13-2 PERFORMANCE BOND Pagc 2 ore This bond is made and executed in compliance with the previsions of Chapter 2251 orthe 2 Texas Govenlinent Code, as amended, and all liabilities ion this bond shall be determined in 3 $ecardance with [fie provisions of said statue. 4 IN WITNESS WHEREOF,the Principal acid the Surely have SIGNED unci SEALED this 5 instrurrlert by duly authorized agents and officers en this the 10 day o(Eebruary ,2016, 6 PKINCIPAL: l . W i 7 7 jn_1., S,cYw_Ltz_,.1 rw- riha- 8 Circle C CanstruCtl on f�'___:r�r pAmy 9 10 BY: 11 Signature 12 ATTEST: 13 14 X � Teresa S. Skelly, Vice-President 15 (Friilcipul) secretary Name and Title 16 Michele S. Lankford 17 Address: P. D. Box 4032 18 SDO W. Trammell 19 _E0rt r` -40 20 21 Fitness as to Principal 22 5t.1RETY; 23 24 Merchant ndin Co n Mutual 25 6 BY: 27 Siguawre 28 29 Sherj A. Klutts, Attorney-in-Fant 30 _ Nume and Title 31 32 Address: _6700 Westowr Parkway 33 Jit Des Moires, .IA 50266-7754 34 35 36 wi ness as to surely , T1Miller Telephone Nui>ber: 1-800--678-$171 37 38 39 40 *Nate: If signed bry' tui c�flicel• of thD SUI'Cty Cntnp�ilny, thele n1ust be ot1 file ace- ifiecl extra t 41 from the by-laws shoivin6 that this person has authority to sign such obligation. if 42 Surety's physical address is different from iIs Ina iling addre&s, both Ill usI be provided.The 43 date of the bond shall not be prior to the date the Contract is awar&d. 44 ['rf'Y OF FORT"WORTI I Water and 5aukuy Sewer tieplucc meat S`rAlN1)AI�tJ CONS'I"RUCTtON 5Pr-_CII11CATlON 1 0C:�JNIEhrr5 C'anlrcl2015 WSMt-F Nd 3 In isud July 1,101 t Cily Iytj�U No.2446 ,q"� MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 .n,ltf4r •.''• t````F,'{IOIi,,� '''•�� •••ANG CO••. MERCHANTS BONDING COMPANY(MUTUAL) . L • O°• �1,p•• MERCHANTS NATIONAL BONDING,INC. r` x.;7 ;y v By I: 2Q03 :.� :y 1933 c: STATE OF IOWA iriirNN�`''4�` .•••• ••••• COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PR'^<s WENDY WOODY Commission Number 784654 7 My Commission Expires AowP June 20 2017 Notary Pub/r , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of February,2016 3 Secretary 2003 >.� yJ 1933 ;c; POA 0014 (6/15) """""'r'��,, •••• 0061 14-1 PAYMENTBOND Page I of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 BOND NO.TXC606812 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, William J. Schultz, Inc. d/b/a Cii-elle C Construction Company, known as 8 "Principal" herein, and Merchants Bonding Company (Mutual) , a corporate surety 9 (sureties), duly authorized to do business in the258- State of Texas, known as "Surety" herein 10 (whether one or snore), are held and firmly bound unto the City of Font Worth, a municipal 1 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Five Hundred Forty Seven Thousand Six Hundred Thil-ty Five Dollars and No 13 Cents ($547,635.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 12 18 day of January,2016, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Wafer Lind Sanitarh Sewer•Replacement Contract 2015 WSM-E Part!_Ci E 22 Project 02446 DOE 7457. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E,Part 2 Revised July I,2011 City Project No.02446 061 Id_2 MY1VIFNT angio Page 2 of 2 I IN WITNESS WHEREOF, Vic Prkwilial and Surct~y have each S16N)°❑ and SHALED 2 this instrument by duly authorized agents and of icei,s oil tilis tl7e 10(jay of February .2016, 3 PRINCIPAL: k it m—. , c h u_1.z— Inc. d b -rcl_e_.C Cttnstruction CamPary AT'1'CST: By: a ' r-►� Teresa S. Skelly, Vice-Presideht (PI'licipal)SCcrc:tvTy Nainc and Title -- michel e S. Lankford Aciciress: _P. 0,. Box 40 2E.__- 500 W. Trammell Fort Worth, TX 76140 wilness as to Principal SUR,L`f�': Merchants 13 ding Corn an Mutual ) "rl'I;ST: EKY: wlzma vzzz��:� Signatmre 5h_ ry _A, hin ts,. Attorn� -in-fact (SLicety) Secretary :gram' and itle Address: 6700 Westown Parkway West Des Moines, IA 50 66-7754 x Witness as to Surety, Nohn A. Miller Teleplmne Number: 1-800-678-8171 5 Nate, If signed by an officer of the Surety, there must be mi file a certified extract firom the 6 bylaws showing dial this person has akrt1101°Ity to sigil Suc171 olaligatiolt. If SLIIVtty`s physical 7 address is different frau, its mailing address, hoth mist be provided. 9 The date of ilia band shall not be prier to the date the Coiztract is awarded. 10 END OF SECTtaN 11 CITY OF FORT W0101 t Wg1cr aiid Simkar3,ti:%vcr Rrlila me it STANDARD CONI STItUCTION SPECIVICATION DOCUMENTS 01111.faG12015 WSM-F.,Part2 Revised july 1,20J1 f 01y Fur jm No.02446 MERCH[ANT7 S k BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 wa,rra ......... 4�,•'`'��►`�,.�rf�� • '�OoG c?hp•• MERCHANTS NATIONAL BONDING,(INC. �aR ' �''' O,. 0,9* 9 • 'xj= 203 :r�r y' 1933 :•y� vd. A By STATE OF IOWA `"�•.,,r�„}rru�+�''` '••..... COUNTY OF Dallas ss. President On this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �Pa'ncs WENDY WOODY o v Commission Number 784654 My Commission Expires P June 20 2017 Notary Pubfill, County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10th day of February,2016 ,.nrr,rr.q •••.•.•� A10 xv �►: O�.''•P 0 'o''. moi..%<�e / '�✓ V r�: � •y;= to. • "'�:w mob_ M'1 4 •F►:. -O- yC • • C :g. Secretary rx'• 2�>73 :. : : ' 1933 c� POA 0014 (6/15) 0061 19-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 BOND NO.TXX606812 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,William J. Schultz,Inc. d/b/a Circle C Construction Company, known as 8 "Principal"herein and Merchants Bonding CompaU(Mutual), a corporate surety(sureties, if 9 more than one) duly authorized to do business in the State of Texas, known as "Surety"herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas,known as "City"herein, in the sum 12 of Five Hundred Forty Seven Thousand Six Hundred Thirty Five Dollars and No Cents 13 ($547,635.00), lawful money of the United States,to be paid in Fort Worth, Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 19 12 day of January,2016,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work") as provided for in said contract and 23 designated as Water and Sanitary Sewer Replacement Contract 2015 WSM-E Part 2 City 24 Project Number 02446 DOE No. 7457; 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 therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 20I5 WSM-E Part 2 Revised July 1,2011 City Project No.2446 0061 19-2 MAINTENANCE BOND Page 2 of 3 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 11 PROVIDED FURTHER,that if any legal action be filed 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-E Part 2 Revised July 1,2011 City Project No.2446 0061 14-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the hriahcipal and the Surety Have each SIGNED and SEALED this 2 instl-tmhhent by duly authorized agents and officers on this rhe 10 ihv or February ,2016. 3 4 PRINCIIPAL: 7 Inc.5 kill iam J. Schaltz, dba 7 8 BY: c _ 9 5ignat are 10 ATTEST: 11 Teresa S. Skelly, Vice-President 13 (Prineilhal)Secy ull'y Name and Title I4 Michele S. Lankford 15 Address: P. fit. Bax 40328 6 Sao W. Trammell 17 Fort Worth TX 76140_ l8 19 Witness as to Principal 20 s u Int=1'Y: 21 22 %e-rchart riding Cam an Mutual ) 23 �4 BY: AZZZ 25 - ignaiure 2( 27 Sheryl A. Klutts, Attorney-in-Fact 28 .rel"1"> ST: Name and Title 29 30 Address: 5700 Westown Parkway 31 (surer tory West Des Moines, 1A 61266-7754 32 33 1-600-678-6171 34 Witness as to SLJx:tY , J6W A, Mi l 1 e r Tele plhune Number: 35 3 *Notur If sighed by an officer of the Surety Company, they: Irlust he on f ile a curt.i Fled extract 37 li'chJri the by-laws showing dtialt this pCrsolt lhas authority io sign such obligation. 11' 38 Surety's p hysicaI address is dii"f`erem from its mailing addiv-ss, both mum be provided. 39 The date oftlhe bond sliall clot.the prior to the date the Contract is awarded. 40 C T OF 17ORT WOIVI-1I 'Wnter and Sim itsrySmzr Replrirc wjii .STANDARD CONSTRUC PON smC'wICw ioN t)0C'L:&jEN'f5 Conlrnct 2015 WSN1-1,ftr12 Revised I u I y 1 2011 City Project Nu_206 MERCHANT�7�k BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 .nriarfr ,tla h ,..-.•• � ,•�ANG Cp••. MERCHANTS BONDING COMPANY(MUTUAL) .••... C a0.• alp•• MERCHANTS NATIONAL BONDING,INC. 1933 ;c; Y B • 6;�. Q. STATE OF IOWA A, °'• •prr� •••••• COUNTY OF Dallas ss. iirtN!' President On this 15th day of August , 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �le0A4s WENDY WOODY o v Commission Number 784654 a °°°° 7 My Commission Expires /owp- June 20 2017 Notary Publ, , County,Iowa (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 10th day of February,2016 'i,,,,urnNrgyy, ••,...90.0•.. ..�" �IQi'ir� '��, DING CO,h•. 1� 03 �* C ..- •Oa PO .o •• �G�i� / •y;— :3. Secretary 1933of :C: POA 0014 (6/15) MERCHANTS� BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 , DES MOINES, IOWA 50306-3498 (800)678-8171 • (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX(2/15) AC�® DATE(MM/DDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 2/17/2016 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 Wendy Van Orden K&S Insurance Agency A/CPHONE Ext: (972)771-4071 AA/C No:(972)771-4695 2255 Ridge Road, Ste. 333 AIL ADDRESS:wvanorden@kandsins.com P. 0. BOX 277 INSURERS AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURER A.-United Fire & Casualty Company 13021 INSURED INSURERB:Travelers Prop Cas Co of Amer 25674 William J Schultz, Inc. , INSURERC:Texas Mutual Insurance Co. 22945 dba Circle C Construction Company I INSURERD:Federal Insurance Company 20281 500 W. Trammell Ave. INSURER E: Everman TX 76140 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 Std. w/ Equipment 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE I—XI OCCUR DAMAGE TO RENTED 100 000 PREMISES Ea occurrence � 5 85316434 8/12/2015 8/12/2016 MED EXP(Any one person) $ 5,000 CG7208 2/15- AI & WOS PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: CG2010 4/13- AI GENERAL AGGREGATE $ 2,000,000 POLICY 1 JEC LOC CG2037 4/13- AI COMP OPS PRODUCTS-COMP/OP AGG $ 2,000,000 RO- OTHER: I Limited Jobsite Pollution $ 100,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - AUTOS AUTOS 85316434 8/12/2015 8/12/2016 BODILY INJURY(Per accident) $ NON-OWNED CA7109 1/06- AI & WOS PROPERTY DAMAGE $ HIRED AUTOS AUTOS Peraccident Underinsured motorist $ 1,000,000 X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE ZUP-41M11428-15-NF 8/12/2015 8/12/2016 AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 0001193570 8/12/2015 8/12/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑ NIA — C (Mandatory in NH) WC420304B 6/14 - WOS E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Contractor's Equipment 06706289 8/12/2015 8/12/2016 Leased/Rented Equip Per Item $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project: Water and Sanitary Sewer Replacement Contract 2015, WSM-E, Part 2 City Project Number: 02446 D.O.E. 7457 See above listing of additional insured and waiver of subrogation endorsement forms. 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 Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Gary Thompson/ORDEN / ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r9nt4nn CG 72 08 02 15 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. " Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non - owned watercraft is extended to 51 feet in length Property Damage - Borrowed Equipment * Property Damage Liability- Elevators *Coverage D- Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate- $500 Deductible * Coverage F- Electronic Data Liability Coverage- $50,000 Coverage G- Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate- $1,000 Deductible Coverage H- Water Damage Legal Liability- $25,000 Coverage I - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program - Limited Coverage * Increase in Supplementary Payments: Bail Bonds to $1,000 " Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations- extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Contractors Blanket Additional Insured - Limited Products- Completed Operations Coverage *Automatic Additional Insured - Vendors * Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises *Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured "Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations •Additional Insured - Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only- Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You *Additional Insured - Employee Injury to Another Employee * Automatically included -Aggregate Limits of Insurance (per location) •Automatically included -Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * "Insured Contract' redefined for Limited Railroad Contractual Liability * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 14 *75015760* IIIIIIIIIIIIIIIIIIIIIIIIIIIILIIIIIIIIIIIIIIIIIIII CG 72 08 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury" or"property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft,Auto Or Watercraft(2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property Damage— Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for"property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability—Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property: This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage"to property of others caused by the insured: a. While in your possession; or b. Arising out of"your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 14 CG 72 08 02 15 j. Damage to Property "Property damage"to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any"automobile", "watercraft" or"aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 2. COVERAGE E -CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4)of Exclusion j. does not apply. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 3. COVERAGE F -ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A— Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data"that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of"bodily injury" b. "Property Damage"means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence"that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of"electronic data" shall be deemed to occur at the time of the "occurrence"that caused it. For the purposes of this Electronic Data Liability Coverage, "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE 4. COVERAGE G -PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of"product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 14 *76015770* 11111111111111111111111111111111111111111111111111 CG 72 08 02 15 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of"your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) 'Bodily Injury" or"Property Damage". (7) Failure of"your product' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product'. (11) "Product recall expense" arising from the "product recall' of any of"your products" for which coverage is excluded by endorsement. (12) Any "product recall' initiated due to the expiration of the designated shelf life of"your product". S. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE. 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/ project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 14 CG 72 08 02 15 C. SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f, is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured -Owners, Lessees or Contractors - Automatic Status When Required in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 14 *77015780* �IIIIIIIIIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIII CG 72 08 02 15 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services,.including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or"property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured—Limited Products Completed Operations Coverage a. Any person(s) or organization(s), but only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of "your work" performed for that additional insured and included in the "products-completed operations hazard" is an insured. However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Coverage will cease five years from the completion of"your work" if: (a) a timeframe is not stipulated in the written contract or written agreement; or (b) a timeframe longer than 5 years is stipulated in the written contract or written agreement. However if a lesser timeframe is stipulated in the written contract or written agreement then that time frame will prevail. b. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 7. Additional Insured -Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 14 GG 72 08 02 15 b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub-paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "'occurrence" which takes place after the equipment lease expires. 9. Additional Insured—Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: GG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 14 111 *78015790* 11111111111111111111111111111111111111111111111 CG 72 08 02 15 This insurance does not apply to: (1) Any 'occurrence"which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) afforded coverage by this additional coverage. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 10. Additional Insured -Engineers,Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for"bodily injury" or"property damage" or personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy. However,the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 CG 72 08 02 15 b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury"or"property damage"included within the "products-completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 13. Additional Insured -Employee Injury to Another Employee With respect to your"employees"who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II—WHO IS A NAMED INSURED is amended to read: a. "Bodily injury" or"personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and c. Damages under Coverage B; and d. Damages under Coverage H. CG 72 0802 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 14 *79015800* IIIIIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIII'lIIIII CG 72 08 02 15 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added: 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G -Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall. The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II—WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage. For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 14 CG 72 08 02 15 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 'occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E -Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered 'occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 15. Subject to S. of SECTION III — LIMITS OF INSURANCE, the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of"occurrences". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b, are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an 'occurrence" or an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence"took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. (b) If a claim is made or"suit' is brought against any insured, you must: i. Immediately record the specifics of the claim or"suit' and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 14 *80015810 11111111111111111111 IN 1111 CG 72 08 02 15 B. The following are added: 1. Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. 11. Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. The following conditions are added in regard to Coverage G -Product Recall Expense In event of a "product recall', you must a. See to it that we are notified as soon as practicable of a "product recall'. To the extent possible, notice should include how, when and where the "product recall"took place and estimated "product recall expense". b. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. g. Claims Handling (1) Within 15 days after we receive written notice of claim, we will: (a) Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of the claim; and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision. If we need additional time, we will inform you of the reasons for such need. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 14 CG 72 08 02 15 (3) We will provide notification, as described in (2)(a)through (2)(d) above, within: (a) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (b) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h. We will pay for covered loss or damage within 5 business days after: (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. i. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b. above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1975; or (2) Determined to be a catastrophe by the State Board of Insurance. j. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. k. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. 14. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract"in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of$2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured Contract"c. is deleted and replaced with the following: c. Any easement or license agreement; D. Item 9. "Insured Contract"f.(1) is deleted E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 14 *81015820* IIIID)IIIIIIIIIIIIIIIIIIIIIIIIIIIIDILIIIIIIIIII CG 72 08 02 15 24. "Product recall" means a withdrawal or removal from the market of "your product' based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product' has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product' from any distributor, purchaser or user, to repair or replace "your product', but only if "your product' is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of"your product'; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product' by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 14 POLICY NUMBER: 85316434 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s Locations Of Covered Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDI- DESCRIBED IN THE ABOVE TIONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage or personal and advertising injury "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 *53015540* I II�III III�I�IIII'IIII II�1) III)�II1I�I�I� III I�I)