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Contract 47710
CITY 2 ECFuk-t?AW � CONTRACT MO FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015, WSM-E; PART 1 CITY PROJECT NO. 02446 WATER PROJECT NO.P253-609170244683 SANITARY PROJECT NO. P258-709170244683 D.O.E. NO. 7457 Betsy Price David Cooke Mayor City Manager John Robert Carman Water Director Prepared for of 1 1 The City of Fort Worth Water Department 041.................. C.MICHAEL HINES,P.E. •...68071 %oy� .•...s���+ �E N S �� OFFICIAL:RECORD lljONALCITY SECRY2015 FT.WORX Prepared by: • CRIADO CIVIL L-NGINEERING & LAND SURVEYING TX Firm Reg. No. F-4373 A P� 777 Main Street, Suite 600 Fort Worth, Texas 76102 CRIADO Project No. R13005.00 v I Cb/ d CO v FORT WORTH,,, City of Fort Worth Standard Construction Specification Documents Adopted September 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 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 3120 Project Meetings 01 3216 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 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 74 23 Cleaning 01 7719 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I Revised November 22,2013 City Project No.02446 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents 99 99 00 Temporary Asphalt Sidewalks, Driveways and Barrier Free Ramps 99 99 01 Temporary Asphalt Curb and Gutters Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps•//projectpoint buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03—Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00- Modifications to Existing Concrete Structures Division 26 Eleetr-W4 260500 conxnxvnWvrc ic..s.....s....E....,.--.,». 2605 10 Demolition far-Eleetfieal Systems 260533 Raee...ays ,,...1 Boxes faf Qeetfieal Systems 2605 433 TT .1 ...1 Duets and Raeeways for-El t.. .,1 Systems pec Division 31-Earthwork 31 1000 Site Clearing 3123 16 T T 1 •fid 1r .,tia 31 2323 Borrow 312400 Elft ank, ents 31 25 00 Erosion and Sediment Control 313600 nabs i � 3 1 3700 n ipr-ap � rur Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I Revised November 22,2013 City Project No.02446 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 321725 Gur-b Addfess Painting 3231 13 Chain Fenees and Gates 32 31 26 Wife F@i3c-es-and Gates 3231 29 Wood Fences and Gates 323-213 Cast in Plaee Conefete Retaining Wa 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 329343 TfShfubs Division 33—Utilities 33 01 30 Sewer and Manhole Testing _ 3301 31 Closed Circuit Television(CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33304-z-1 C.—vnffesion GvrrtP6l Test Stations 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 Auger Boring 33 05 21 Tunnel Linef Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 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 Conefete Pfessufe Pipe, Baf Wrapped, Steel Cylindef Type 33 11 14 Buried Steel Pipe and Fittings 33 1210 Water Services 1-inch to 2-inch 33 1211 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 Statiens 33 1260 Sta-ndar-d Blow eff Valve Assembly CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I Revised November 22,2013 City Project No.02446 E E f 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 4 3331 12 Cured in Place Pipe(CIDP) 3331 13 Fib gl. s Re nf. ed Pipe f i•�vi.uvt.1 c •t J Sewefs 3331 15 High Density Polyethylene(HDPE) Pip f Sanitafy Sewef 33 31 20 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 3331 22 S n;tafy ce..ef clip hining 33 31 23 Sanitary Sewer Pipe Enlargement 3331 50 Sanitary Sewer Service Connections and Service Line 33 3170 Geff�binatiofi n•.Valve fee S nitafy co.. Fer-ee Mains 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 333930 Fibefg1ass Manholes 33 39 40 Wastewater Access Chamber(WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinfer-eed Conefete Stofm Sewef Pipe/G 1 t4s z 333 h Density Pelyethylene (HDPE)Pip f ctvii oiuin 334600 Rbd ainage 334601 Slotted Ste f nnrni 'ci'is 334602 Tfenew=ains 33 49 10 Cast-in-Place Manholes and Junction Boxes 334920 r ufb and Dfep inte 334940 Stoffn D e Headwalls 4g..nd—WaRs ..l Division 34-Transportation 3441 10 T..,,ff e Signals 3441 11 Tempora,-y Tf fe Signals 3441 13-acv Signals� 3441 15 Reet.,.,..ola f Rapid Flashing Be ee.fl T--41 16 Tezccscri-an-=ry-of-rd Signa 3441 -20 Readway Illumination Assemblies 344130 Aluminum Signs 3471 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates SC-6.09 Permits and Utilities 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 1 Revised November 22,2013 City Project No.02446 M&C Review Page 1 of 1 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTWORT_II COUNCIL ACTION: Approved on 4/5/2016 REFERENCE ** 6015WSMEPlREVISED DATE: 4/5/2016 NO.: C-27662 LOG NAME: AMCONST CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Correct Mayor and Council Communication C-27602 to Change the Listed Contract Amount from $2,522,374.00 to the Actual Bid Amount of$2,522,373.75 and the Listed Contract Time from 170 Calendar Days to 240 Calendar Days for Water and Sanitary Sewer Replacement Contract 2015 WSM-E, Part 1 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council correct Mayor and Council Communication C-27602 to change the listed contract amount from $2,522,374.00 to the actual bid amount of$2,522,373.75 and the listed contract time from 170 calendar days to 240 calendar days for Water and Sanitary Sewer Replacement Contract 2015 WSM-E, Part 1. DISCUSSION: On January 12, 2016, (Mayor and Council Communication (M&C) C-27602)the City Council authorized execution of a contract with A&M Construction and Utilities, Inc., in the amount of $2,522,374.00 for Water and Sanitary Sewer Replacement Contract 2015 WSM-E, Part 1. Subsequent to approval of C-27602, it was determined that the amount bid by the contractor had been rounded up and listed as $2,522,374.00 instead of the actual bid amount of$2,522,373.75 and that the contract time had been inadvertently listed at 170 calendar days instead of 240 calendar days. This M&C rectifies both errors. All other content of M&C C-27602 remains in full force and effect. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department I Account Project Program ActivityBudget Reference# Amount ID I ID _tYear (Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Rakesh Chaubey (6051) ATTACHMENTS 6015WSMEP1 AMCONST.pdf http://www.fortworthgov.org/council_packet/mc review.asp?ID=22167&councildate=4/5/2016 4/7/2016 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTI1 COUNCIL ACTION: Approved on 1/12/2016 - Ordinance No. 22054-01-2016 & 22055-01-2( DATE: 1/12/2016 REFERENCE NO.: C-27602 LOG NAME: 6015WSMEP1 AMCONST CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with A&M Construction and Utilities, Inc., in the Ar of$2,522,374.00 for Water and Sanitary Sewer Replacement Contract No. 2015 W�r Part 1, Provide for Project Costs and Contingencies in the Amount of $285,000.00 f Project Total in the Amount of$2,807,374.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations i Water Capital Projects Fund in the amount of$1,433,845.00 and the Sewer Capital Projects Fund amount of $1,373,529.00 from available funds; and 2. Authorize the City Manager to execute a contract with A&M Construction and Utilities, Inc., in tr amount of$2,522,374.00 for Water and Sanitary Sewer Replacement Contract No. 2015 WSM-E, DISCUSSION: On February 10, 2015, (M&C C-27182) the City Council authorized an Engineering Agreement wit and Associates, Inc., to prepare the plans and specifications for Water and Sanitary Sewer Replac Contract No. 2015 WSM-E. This project will be constructed in multiple parts. This Mayor and Council Communication is to authorize a construction contract for the replacement deteriorated water and/or sanitary sewer mains as indicated on the following streets: STREET FROM TO SCOPE OF WORK Calmont Avenue Eldridge Streetj Merrick Street Water Lafayette Avenue Owasso Street Clover Lane Water/Sewer Melbourne Drive Frontier Street Roberts Cutoff Road Water Dexter Avenue Sanguinet Street Eldridge Street Water Carleton Avenue El Campo Ave Bryce Avenue Water/Sewer The project was advertised for bid on July 23, 2015 and July 30, 2015 in the Fort Worth Star-Telec August 20, 2015, the following bids were received: http:Happs.cfwnet.org/council_packet/mc review.asp?ID=21863&councildate=1/12/20... 1/25/2016 M&C Review Page 2 of 4 BIDDER AMOUNTIF TIME OF COMPLETION A&M Construction and Utilities, Inc. $2,522,374.00 170 Calendar Days Ark Contracting Services, LLC $2,674,365.00 Atkins Brothers Equipment Company, $2,973,255.00 Inc. *Amounts rounded up to nearest dollar for presentation In addition to the contract cost, the amount of$155,000.00 (water: $82,000.00; sewer: $73,000.0 required for project management, inspection and material testing and $130,000.00 (water: $68,00 sewer: $62,000.00) is provided for project contingencies. Appropriations for the Water and Sanitary Sewer Replacement Contract No. 2015 WSM-E project consist of the following: Description Amount Criado & Associates, Inc. $ 229,082.00 A&M Construction & Utilities, Inc. (Part 1) $2,522,374.00 William J. Schultz, Inc. d/b/a Circle C $ 547,635.00 Construction Company (Part 2) Project Management, Inspection, Material $ 416,500.00 Testing and Contingencies (Parts 1 and 2) Total Project Budget $3,715,591.00 Appropriations for Water and Sanitary Sewer Replacement Contract No. 2015 WSM-E project will the following: FUND APPROPRIATIONS Water Capital Projects 59601 $2,113,689.00 Sewer Capital Projects 59607 $1,601,902.00 Project Total $3,715,591.00 Construction is anticipated to commence in January 2016. With a contract time of 170 calendar d, 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: A&M Construction and Utilities, Inc., is in compliance with City's BDE Ordinance http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21863&councildate=1/12/20... 1/25/2016 M&C Review Page 3 of 4 committing to 10 percent MBE participation on this project. The City's MBE goal on this project is percent. Additionally, A&M Construction and Utilities, Inc., is a certified M/WBE firm. The project is located in COUNCIL DISTRICT 7, Mapsco 61T, 75F, 75G and 75J. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommen( and adoption of the attached appropriation ordinances, funds will be available in the current capita as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fir 2016 water operating budget includes appropriations of $26,068,353.00 for the purpose of providi as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, the balance will be $17,059,908.00. The Fiscal Year 2016 sewer operating budget includes appropriations of$26,30( for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fisca 2016, the balance will be $22,289,004.00. Fund Appropriations Encumbrances/ Remaining Expenditures Balance Water Capital Projects 59601 $2,113,689.00 2,111,083.00 $2,607.00 Sewer Capital $1,601,902.00 1,594,504.00 $7,399.00 Projects 59607 Project Total $3,715,591.00 $3,705,587.00 $10,006.00 *All amounts are rounded for presentation. TO Fund Department Account Project Program Activity Budget Reference# Ar ID ID Year Chartfield 2 1 59601 0600460 4956001 CO2446 C01783 2016 $1,, 1 59601 0600430 5740010 CO2446 C01783 2016 $1,1 1 59607 0700430 4956001 CO2446 C01783 2016 $1, 1 59601 0700430 1 5740010 CO2446 I C01783 2016 $1, FROM Fund Department Account Project Program Activity Budget Reference# Ar ID ID Year Chartfield 2 F59601 0600430 5740010 CO2446 C01783 2016 $1,: 596071 0700430 5740010 CO2446 C01783 2016 $1,: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Rakesh Chaubey (6051) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21863&councildate=l/12/20... 1/25/2016 M&C Review Page 4 of 4 ATTACHMENTS 6015WSMEP1 AMCONST Map01.pdf 6015WSMEP1 AMCONST Map02.pdf 6015WSMEP1 AMCONST Map03.pdf 6015WSMEP1 AMCONST sewer AO16.docx 6015WSMEP1 AMCONST water AO16.docx FTW- 02446; 2015 WSM-E PART 1 Form 1295 Notarizedb.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21863&councildate=l/12/20... 1/25/2016 CERTIFICATE OF INTERESTED PARTIES C-:,�'ltr'C' FORM 1295 OFFICE USE ONLY Complete Nos.1-4 and 6 if there are interested parties. Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1336 A&M Construction&Utilities, Inc Rowlett,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/06/2016 being filed. City of Fort Worth, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. 02446 Water and Sanitary Sewer Replacement Contract 2015 WSM-E PART 1 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Banda,Antonio Rowlett,TX United States X Banda, Marisela Rowlett,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ``\%MIllllf/J/Ji/ I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. T // RIC/( � � t . • N q g Signalure of authorized agent of contracting business entity hFTRE ExP AFFIX NOTARY ST *AB 3t4,aagleO�\ l Sworn to and subscribed before me,by the said 04 / 6AJ(DA- this the day of Ir 20 ,to c ify which,witness my hand and seal of office. Si ature officer administering oath Printed name of officer administering oath Title of officer dministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598 000515-1 ADDENDA Page 1 of 2 1 SECTION 00 0515 2 ADDENDUM NO.1 3 CITY OF FORT WORTH 4 WATER DEPARTMENT 5 WATER AND SANITARY SEWER REPLACEMENT 6 CONTRACT 2015,WSM-E,PART 1 7 City Project No.02446 8 Water Project No.P253-609170244683 9 Sanitary Sewer Project No.P258-709170244683 10 D.O.E.No.7404 - ' 0 11 Addendum No.1.Issue Date: September 2,2015 12 Bid Receipt Date: September 10,2015 13 This addendum forms part of the contract documents referenced above and modifies the original Contract 14 Documents.Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents 15 (inside).Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. 16 17 Project Manual 18 Remove and replace the following items in the Contract Documents: 19 1. Remove section 00 4100 Bid Form in its entirety and Replace with the attached Section 00 4100 Bid 20 Form.—Contract Time increased to 240 days 21 2. Remove section 00 52 43 Bid Form in its entirety and Replace with the attached Section 00 52 43 Bid 22 Form.—Contract Time increased to 240 days 23 3. Remove Section 00 42 43 Proposal Form in its entirety and Replace with the attached Section 24 00 42 43 Proposal Form. 25 Unit 2— Bid Item 49-8"Pipe Enlargement(B.0.T.0.C)has been changed to 26 8"Pipe Enlargement 27 Construction Drawings 28 Remove and replace the following Sheets: 29 1. Sheet 25- Street name added"Frontier St." 30 2. Sheet 34- Note added"Construction Activity Shall Only Be Allowed in Melbourne Dr.From 31 Churchill Rd.To West of Frontier St.From June 6,2016 to August 15,2016. 32 3. Sheet 35- Note added"Construction Activity Shall Only Be Allowed in Melbourne Dr.From 33 Churchill Rd.To West of Frontier St.From June 6,2016 to August 15,2016, 34 4. Sheet 36- Street name added"Frontier St." 35 - Note added"Throughout the Construction,The Contractor Shall Maintain One Lane of 36 Traffic At All Times,On the School Property. 37 - Note Added"The Contractor Will Coordinate All Construction Activities With 38 Castleberry ISD.Contact Lenny Lasher At 817-252-2072 Or 39 LASHER(KASTLEBERRY.NET As A Minimum,Notify Mr.Lasher 2 Weeks Prior To 40 Construction Activities Starting. 41 - Note added"Construction Activity Shall Only Be Allowed in Melbourne Dr.From 42 Churchill Rd.To West of Frontier St.From June 6,2016 to August 15,2016. 43 44 45 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised July 1,2011 City Project No.02446 000515-1 ADDENDA Page 2 of 2 1 ADDENDUM NO.1 2 3 All other provisions of the contract documents,drawings and project manual shall remain.unchanged. 4 5 Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the 6 bid non-responsive.A signed copy of this addendum shall be placed into the Proposal at the time of 7 bid submittal. 8 9 10 I 1 Water Department 12 John Robert Carman 13 RECIEPT ACKNOWLEDGEED: Director 14 15 By: By-- Ina(A 0 (A 16 Tony S olol P.E. 17 Company: Engineering Manager(Water Dept.) 18 19 20 END OF SECTION =*1a��ww o re�,I�*I �� C.AtICHAEI. 111NfS,P.E. •wwuwuwwo .' � wwww 68071 / AL CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part Revised July 1,2011 City Project No.02446 00 0515-1 ADD5MA Page 2 of 2 1 ADD15"UM NO.l 2 3 All other provisions of the contract documents,drawings and project triantiat shall remain unchanged, 4 5 Failure is return a signed copy of the addendum with the Proposal shalt be grounds for rendering the G bid non"responsive.,A signed copy of this addendum shall be placed into the Proposal at the time of 7 bid submittal. a 9 10 11 Water Department 12 John Robert Carnsan 13 RECIEPT.p CKNOWLEDGEED: Director 1 ., 15 By;.Antonio Banda By: lift(A SLI., 16 Tony sWolapx. 17 Cb Mliany.A&M Construction and Utilities,Inc. Engineering Manager'(Water Dept.)' 13 19 20 END OF SECfiION r�r1�r biriy� �� r)u►�farrrRitfilfl�iftl.� /. C.MICHAEL ONES.P.E, 0 ra�t►Yr#MY,irprltrY`#Yw ##� v 4 68©71 IF,AW o MY OF FOXII.WORT'H - terand Sanitary$%Ver Replacement ? STANDARD CONSMI"ttlL't ONSPECMCATION DOCt32vll i s Cogtrnot 2015,:1ySl+f-E ftft 1 ltsvrsed 7vty I,2011 City Project No.02446 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Water and Sanitary Sewer Replacement Contract 2015,WSM- 6 E; Part 1, City Project No. 02446, DOE No. 7404,Water Project No. P253-609170244683 and 7 Sanitary Sewer Project No. P258-709170244683 will be received by the City of Fort Worth 8 Purchasing Office: 9 10 City of Fort Worth 11 Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth,Texas 76102 14 until 1:30 P.M. CST, Thursday, September 10,2015, and bids will be opened publicly and read 15 aloud at 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 20 Section A—Water Line Improvements 21 1,150 LF 12"PVC Water Pipe 22 6,850 LF 8" PVC Water Pipe 23 975 LF 8" Water Pipe 24 35 LF 8"DIP Water Pipe 25 150 LF 6"PVC Water Pipe 26 25 LF 6"Water Pipe 27 246 EA 1"Water Service 28 3 EA 12"Gate Valves 29 20 EA 8" Gate Valve 30 11 EA 6" Gate Valve 31 10 EA Fire Hydrant 32 33 Section B—Sanitary Sewer Line Improvement 34 3,125 LF 8" Sewer Pipe 35 875 LF 16" Casing(B.O.T.O.C) 36 875 LF 8" Sewer Carrier Pipe 37 1,375 LF 8" DIP Sewer Pipe 38 130 LF 8"Pipe Enlargement(B.O.T.O.C) 39 325 LF 6"CIPP 40 91 EA 4" Sewer Service 41 26 EA 4' Sewer Manhole 42 30 CY Sanitary Line Grouting 43 44 PREQUALIFICATION 45 The improvements included in this project must be performed by a contractor who is pre- 46 qualified by the City at the time of bid opening. The procedures for qualification and pre- 47 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 48 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised July 1,2011 City Project No.02446 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 3 DOCUMENT EXAMINATION AND PROCUREMENTS 4 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 5 of Fort Worth's Purchasing Division website at htip•//www fortworth og v.org/ipurchasing/and 6 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 7 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 8 suppliers. 9 10 11 Copies of the Bidding and Contract Documents may be purchased from 12 13 Criado &Associates, Inc. 14 4141 Blue Lake Circle, Suite 133 15 Dallas,Texas 75244 16 (972) 392-9092 17 18 The cost of Bidding and Contract Documents is: 19 Set of Bidding and Contract Documents with full size drawings: $60 20 Set of Bidding and Contract Documents with half size (if available) drawings: $40 21 22 PREBIDCONFERENCE 23 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 24 BIDDERS at the following location, date, and time: 25 DATE: August 31,2015 26 TIME: 10:00 AM 27 PLACE: City of Fort Worth Water Department 28 311 W. 10`''Street 29 Fort Worth,Texas 760102 30 LOCATION: Conference Room 31 32 33 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 34 City reserves the right to waive irregularities and to accept or reject bids. 35 36 INQUIRIES 37 All inquiries relative to this procurement should be addressed to the following: 38 Attn: Mr.Rakesh Chaubey,RE,City of Fort Worth 39 Email: Rakesh.Chaubey@fortworthtexas.gov 40 Phone: 817-392-6051 41 AND/OR 42 Attn: Michael Hines,P.E., Criado &Associates 43 Email: mhines@criadoassociates.com 44 Phone: (972) 392-9092 45 46 ADVERTISEMENT DATES 47 August 13,2015 48 August 20,2015 49 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised July 1,2011 City Project No.02446 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 l 11 1.2.1. Bidder: Any person,firm,partnership, company, association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership, company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. I 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened) shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProglan/PREQUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavin2 48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised April 27,2015 City Project No.02446 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%20and%2 5 OSanitgU%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 6 qual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7) calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11, BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the 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 the apparent low 18 bidder(s)for a project to submit such additional information as the City, in its sole 19 discretion may require,including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project, and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information, a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information, if requested, may be grounds 26 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification, additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 33 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 34 35 4.1.Before submitting a Bid, each Bidder shall: 36 37 4.1.1. Examine and carefully study the Contract Documents and other related data 38 identified in the Bidding Documents(including "technical data" referred to in 39 Paragraph 4.2.below). No information given by City or any representative of the 40 City other than that contained in the Contract Documents and officially 41 promulgated addenda thereto, shall be binding upon the City. 42 43 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 44 site conditions that may affect cost,progress,performance or furnishing of the 45 Work. 46 47 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 48 progress,performance or furnishing of the Work. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised April 27,2015 City Project No.02446 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site (except Underground Facilities) that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and(ii) reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "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 I I 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 1 Revised April 27,2015 City Project No.02446 0021 13-4 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 I 1 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 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 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 1 Revised April 27,2015 City Project No.02446 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way,easements, and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Rakesh Chaubey,RE,Water Department 22 Fax: 817-392-8195 g23 Email: Rakesh.Chaubey@fortworthtexas.gov 24 Phone: 817-392-6051 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at 31 httpsJ/projectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Projects/02446%20- 32 %20WSSR%20Con tract%202015%20WSM-E%20- 33 %20Part%201/Bid111b20Documents%20Package/Addenda?public 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 38 transmit to all prospective Bidders of record such Addenda as City considers necessary 39 in response to questions arising at the conference. Oral statements may not be relied 40 upon and will not be binding or legally effective. 41 42 7. Bid Security 43 44 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 45 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 46 the requirements of Paragraphs 5.01 of the General Conditions. 47 ` CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 IRevised April 27,2015 City Project No.02446 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement 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 l 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 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended), the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the 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 5:00 P.M. CST,five (5) City 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 I 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 1 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 the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in 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 the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I 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 perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive 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 Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I Revised April 27,2015 City Project No.02446 00 35 13 BID FORM Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT _ Each bidder, offeror, or respondent (hereinafter also referred to as "you') to a City of Fort Worth (also referred to as "City') procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://%.Y\.,vt,v.ethics.state.tx.us/forrris/CIQ.pdf' http://�vww.ethics.state.tx.us/forms/CIS,pdf CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary Ext CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER:A&M Construction and Utilties,Inc: By:Antonio Banda Signature: Title: President END OF SECTION 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 s 0041 00 BID FORM Page 1 of 3 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 replacemnt v Contract 2015,WSM-E; Part 1 City Project No.: 02446 Units/Sections: Section A-Water Line Improvements Section B-Sanitary Line Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly-induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook ^ 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. 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 240 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, Seetion 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e, MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening; 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH •` 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 0041 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on September 10.2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Ini I following Addenda: By: >; Addendum No. 1: (Signature) Addendum No.2: Addendum No. 3: Antonio Banda Addendum No.4: (Printed Name) Title: president Company: A&M Construction and Utilities,Inc Corporate Seal: Address: 4950 Grisham Dr. Rowlett TX 75088 State of Incorporation: Texas Email: ab@ameonstructionutiliiy.com Phone: 972-412-0255 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 00 42 43 _ BID PROPOSAL --- Peg.I of2 SECTION 00 42 43 PROPOSALFORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Biddet's Proposal ------ Bidlisr lre Unit of Bid No Description Specification Section No. Unit Price Bid Value - Measure Quantity Unit 1-Water Line Improvements 1 13311.0461 12"PVC Water Pipe 3311 12 1 LF 1150 60.00 1 69000.00 ✓ 2 13311.0261 8"PVC Water Pipe 331112 LF 6850 45.00 308250.00 3 13311.0241 8"Water Pipe 33 11 10,3311 12 LF 975 48.00 46800.00 ✓ 4 3311.0251 8"DIP Water 33 11 10 LF 20 59.00 1180.00 ✓ 5 3311.0254 8"DIP Water,CLSM Backfill 331110 LF 15 83.50 1252.50 C;y 6 3311.0161 6"PVC Water Pipe 33 11 12 LF 150 44.30 6645.00 ✓ 7 3311.0141 6"Water Pipe 3311 10,33 1112 LF 25 49.30 1232.50 8 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 4 4100.00 16400.00 V 9 0241.1301 Remove 4"Water Valve 0241 14 EA 2 200.00 400.00 10 0241.1302 Remove 6"Water Valve 0241 14 EA 19 200.00 3800.00 t< 11 0241.1303 Remove 8"Water Valve - 0241 14 EA 1 1 200.00 200.00 12 0241.1510 Salvage Fire Hydrant 0241 14 EA 10 400.00 4000.00 �A 13 3201.0111 4'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 215 45.00 9675.00 ✓ 14 3201.0131 4'Wide Asphalt Pvmt Repair,Industrial 3201 17 LF 25 55.00 1375.00 15 3201.0400 Temporary Asphalt Paving Repair(2"HMAC on 6"CTB) 3201 18 LF 11650 _M-79-5b>✓ 16 3201.0614 Conc Pvmt Repair,Residential 3201 29 SY 80 75.00 17 13213.0312 5"Cone Sidewalk,Adjacent to Curb 321320 SF 25 15.00 375.00 18 3213.0401 6"Concrete Driveway 32 13 20 SF 60 19 3292.0101 Utility Service Surface Restoration Sodding 3292 13 SY 80 8.50 680.00 20 13304.0101 Temporary Water Services 33 04 30 LS 1 45000.00 45000.00 L,,, 21 13305.0003 8"Waterline Lowering 33 05 12 EA 8 3850.00 30800.00 22 3305.0005 12'Waterline Lowering 33 05 12 EA 1 5300.00 5300.00 23 3305.0109 Trench Safety 330510 LF 2300 0.60 1380.00 24 3312.0001 Fire Hydrant 33 12 40 EA 10 3265.00 32650.00 ✓ 253312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 22 1400.00 26 3312.2001 1"Water Service,Meter Reconnection 33 12 10 EA 246 200.00 49200.00 d 27 13312.2003 1"Water Service 331210 EA 246950.00 233700.00 283312.2004 1"Private Water Service 33 12 10 LF 185 32.00 5920.00 Wr 29 3312.2101 1 1/2"Water Service,Meter Reconnection 331210 FA 1 400.00 400.00 30 3312.2103 1 112"Water Service 331210 EA 2 1825.00 3650.00 313312.2104 1 1/2"Private Water Service 33 12 10 LF 10 40.00 400.00 32 3312.2201 2"Water Service,Meter Reconnection 33 12 10 EA 2 400.00 800.00 33 13312.2203 2"Water Service 33 12 10 EA 2 2500.00 5000.00 343312.2801 3"Water Meter and Vault - 33 12 11 EA 1 15300.00 15300.00 35 3312.3002 6"Gate Valve 33 12 20 EA 11 915.00 10065.00 ✓ 36 13312.3003 8"Gate Valve 33 12 20 EA 1 20 1230.00 24600.00 ✓ 37 3312.3005 12"Gate Valve 33 12 20 EA 3 2050.00 6150.00 ✓ 38 3471.0001 Traffic Control 3471 13 MO 9 2000.00 �a 39 13125.0101 SWPPP >_1 acre 31 25 00 LS 1 2500.00 2500.00 40 9999.0000 Temporary Asphalt Pvmt Repair,Water Service 3201 18 LF 475 1 6650.00 irt` 41 9999.0001 Temporary Asphalt Driveway Repair(Water) 99 99 00 SF 50 5.50 ✓ 42 9999.0002 Temporary Asphalt Curb and Gutter Repair(Water) 99 99 01 LF 75 4.00 300.00 ✓ 43 9999.0006 Construction Staking(Water) 01 71 23 LS 1 4700.00 4700.00 ✓ 44 9999.0007 Construction Survey(Water) 01 71 23 LS 1 7 7 . Unit 1-Water Line Improvements Total 1283845.00 I Crn'OFFORTWORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS " Form Re,n,120I20120 004100_004313_W 4243_004337_004512003513_Bid Propos)Workbmk 004243 } DID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM Addendum No.1 UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bidlist Iten IInit of Bid No. Description Specification Section No. Quantity Unit Price Bid Value ,. Measure Unit 2-Sanitary Server Line Improvements 45 13305.1102 16"Casing By Other Than Open Cut 33 05 22 LF 875 350.00 306250.00 46 13305.3002 8"Sewer Carrier Pipe 33 05 24 LF 875 90.00 78750.00 47 13331.4115 8"Sewer Pipe 3311 10,33 31 12,33 3120 LF 3125 53.75 167968.75 48 13331.4119 8"DIP Sewer Pipe 3311 10 LF 1375 81.00 111375.00 49 13331.1102 8"Pipe Enlargement 33 31 23 LF 130 145.00 18850.00 50 3331.2101 6"CIPP 3331 12 LF 325 150.00 48750.00 51 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 1 7500.00 7500.00 52 0241.2001 Sanitary Line Grouting 0241 14 CY 30 170.00 5100.00 __3U0W. 2000.00 53 0241.2102 6"Sewer Abandonment Plug 0241 14 E4 4 54 0241.2103 8"Sewer Abandonment Plug 0241 14 EA 5 55 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 14 800.00 11200.00 56 3110.0103 12"-18"Tree Removal 31 1000 EA 1 1050.00 1050.00 57 3201.0111 4'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 40 65.00 2600.00 58 3201.0113 6'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 30 80.00 2400.00 59 3201.0131 4'Wide Asphalt Pvmt Repair,Industrial 3201 17 LF 10 70.00 60 3201.0137 10'Wide Asphalt Pvmt Repair,Industrial 3201 17 LF 12 130.00 61 3201.0400 Temporary Asphalt Paving Repair(2"HMAC on 6"CTB) 3201 18 LF 3835 25.00. 95875.00 62 3201.0614 Cone Pvmt Repair,Residential 32 01 29 SY 120 75.00 9000.00 63 3201.0616 Conc Pvmt Repair,Arterial/industrial 32 01 29 SY 15085.00 12750.UU 64 3213.0302 5"Conc Sidewalk 321320 SF 35 15.00 525.00 65 3213.0312 5"Conc Sidewalk,Adjacent to Curb 321320 SF 25 17.00 425.00 66 3214.0100 Brick Pvmt 321416 SY 100 95.00 9500.00 67 3216.0101 6"Conc Curb and Gutter 321613 LF 20 15.00 300.00 68 3292.0101 Utility Service Surface Restoration Sodding 329213 SY 170 8.50 1445.00 69 3292.0400 Seeding,Hydromulch 329213 SY 450 75 1237.50 70 3301.0001 Pre-CCTV Inspection 3301 31 LF 3280 3.00 9840.00 71 3301.0002 Post-CCN Inspection 33 01 31 1 LF 4980 1.75 8715.00 72 3301.0101 Manhole Vacuum Testing 33 01 30 EA 26 175.00 4550.00 73 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 12 750.00 9000.00 74 3305.0109 Trench Safety 33 05 10 LF 4070 1.75 75 3305.0112 Concrete Collar 330517 EA 12 500.00 6000.00 76 3331.3101 4"Sewer Service 33 31 50 EA 91 77 3331.3105 4"Private Sewer Service 3331 50 LF 100 55.00 5500.00 78 3331.3311 4"Sewer Service,Reconnection 333150 EA91 185.00 16835.00 79 3339.0001 Epoxy Manhole Liner 33 39 60 VF 185 175.00 32375.00 80 3339.0003 Wastewater Access Chamber 33 39 40 EA 1 3400.00 81 13339.1001 4'Manhole 33 39 10,33 39 20 1 EA 16 1 3800.00 60800.00 82 13339.1002 4'Drop Manhole 33 39 10,33 39 20 E4 7 5000.00 35000.00 83 3339.1003 4'Extra Depth Manhole' 33 3910,33 39 20 VF 85 150.00 12750.00 84 3339.1004 4'Shallow Manhole 33 39 10,33 39 20 EA 3 3050.00 9150.00 85 3349.0003 6'Storm Junction Box 33 49 10 EA 1 6500.00 6500.00 86 3349.0106 Manhole Steps 334910 EA 4 200.00 800.00 87 3471.0001 Traffic Control 3471 13 MO 9 2000.00 18000.00 88 3125.0101 SWPPP >_1 acre 31 25 00 LS 1 2500.00 2500.00 89 9999.0003 Temporary Asphalt Pvmt Repair,Sewer Service 32 01 18 LF 100 18.00 1800.00 90 9999.0004 Temporary Asphalt Sidewalk Repair(Sewer) 99 99 00 SF 100 10.00 1000.00 919999.0005 Temporary Asphalt Curb and Gutter Repair(Sewer) 99 99 01 LF 25 7.00 175.00 92 9999.0008 Construction Staking(Sewer) 01 71 23 LS 1 2500.00 2500.00 93 19999.0009 Construction Survey(Sewer) 01 71 23 LS 1 2000.00 1 2000.00 Unit 2-Sanitary Sewer Line Improvements Total Bid Summary Unit 1-Water Line Improvement Total 5. Unit 2-Sanitary Sewer Line Improvements Total 1238528.75 Total Bid(Water Line Improvement and Sanitary Sewer Line Improvements) END OF SECTION CITYOFFORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00411x)_00 43 13_004243_00 43 37_0045 12_0035 13_nid Proposal Workbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law- provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract .in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Lx1 BIDDER:A&M Construction and Utilities,Inc. By:Antonio Banda (Signature) Title:President Date: September 10,2015 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_13id Proposal Workbook 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 l 1 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. hi 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 Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I 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 Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None" or"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 I Revised July 1,2011 City Project No.02446 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part I Revised Jul),1,2011 City Project No.02446 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying prequalified contractor 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 A&M Construction and Utilities,Inc. August 2016 Renewal, 12-inch diameter and smaller Sewer Collection System, A&M Construction and Utilities,Inc. August 2016 Urban/Renewal, 8-inches and smaller The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER:A&M Construction and Utilities,Inc. By:Antonio Banda (Signature) Title:President Date: September 10,2015 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 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 - 4 Pursuant to Texas Labor Code Sectioti 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 02446. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8, worker's compensation coverage. 9 10 CONTRACTOR: 11 12a$ l,J� C �n4�V�1C�w� �V�I�I�\C� By: 1scr 13 Company (Please Print) 14 15 t- c, S O ��V c Sl�.atn� 'n y Signature: , 16 Address 17 18 owl¢,` T� -75-094, Title: 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 ^�-,.-�,► a �,�.�. ,known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of Pftsr.4±nT: for the purposes and + 30 consideration therein expressed and in the capacity therein stated. 31 32 GI ER MY HAND AND SEAL OF OFFICE this day of 33 ,201 34 35 1&kA 36 ����• �. 37 � t7ic in and for the State of Texas 38 39 :n�'�OF�S•E� ON 40 CITY OF FORT WORTH Water and Sanitary Server Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised July 1,2011 City Project No.02446 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 10% of the total bid value of the contract (Base bid applies to 15 Parks and Community Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation, or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 32 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 33 time allocated. A faxed and/or emailed copy will not be accepted, 34 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than stated goal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 35 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised June 9,2015 City Project No.02446 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions, Please Contact The M/WBE Office at(817) 212-2674. g END OF SECTION 9 10 11 CITY OF FORT WORTH Water and Sanitary Sealer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015,WSM-E,Part 1 Revised June 9,2015 City Project No.02446 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 12 January 2016 and revised on 5 April 2016 is made by 4 and between the City of Fort Worth, a Texas home rule municipality, acting by and through its 5 duly authorized City Manager, ("City"), and A&M Construction & Utilities Inc. , authorized to 6 do 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 1 16 DOE# 7457, City Proiect Number 2446 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 240 Calendar days after the date 23 when the Contract Time commences 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 Hundred and Fifty 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 SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015,WSM-E Part 1 Revised June 4,2012 City Project No.2446 005243-2 Agreement Page 2 of 4 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 TWO MILLION FIVE HUNDRED TWENTY 39 TWO THOUSAND THREE HUNDRED SEVENTY THREE DOLLARS AND SEVENTY 40 FIVE CENTS ($2,522,373.75). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A.The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents (project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. ` 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015,WSM-E Part 1 Revised June 4,2012 City Project No.2446 005243-3 Agreement Page 3 of 76 Article 6.INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damaLxes being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused,in whole or in part, 95 by any act, omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 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. CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015,WSM-E Part I Revised June 4,2012 City Project No.2446 005243-4 Agreement Page 4 of 4 117 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 This Agreement is effective as of the last date signed by the Parties 129 Contractor: City of Fort Worth By: Jesus J. Chapa By: Assistant City Manager (Signature) Date rr- -,o Qn �. Attest: - (Printed Name) r llyyse4l �F 6 it Secretary (Seal) (3 Title:. Q 1 a Address: 4ici6p �%o o� M&c G - 2-T G_2.�6 Date: fL4S'$ 7.m16-f;36 City/State/Zi u, 5 Approved as to Form and Legality: Date Douglas .Black Assistant City Attorney 130 131 132 APPROVAL RECOMMENDED: 134 133 135 136 lig Andrew T.Cronberg P.E. 137 ASSIST.DIRECTOR, 138 Water Department 139 CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015,WSM-E Part 1 Revised June 4,2012 City Project No.2446 I Bond No. PBO1692800208 0061 13-1 -- PERFORMANCE BOND Page I of 2 I SECTION 00 6113 ,. 2 PERFORMANCE BOND 3 4 THE, STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,A&M Construction&Utilities Inc..,known as"Principal"herein and Philadelphia Indemnity Insurance Company 8 ,a corporate surety(sureties, if more than one)duly authorized to do business in the 9 State of Texas, known as"Surety"herein(whether one or more),are held and firmly bound unto the 10 City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City" I 1 herein, in the penal sum of,TWO MILLION FIVE HUNDRED TWENTY TWO THOUSAND 12 THREE HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS (52,522,374.00) lawful 13 money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of 14 which sum we]I and truly to be made,we bind ourselves, our heirs,executors,administrators, 15 successors and assigns,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 ulcrter and Sanitary Server Reptacerr:erzt Contract 2015 WSM-E Part IDOE 2I # 7457, City Proiect Number 2446 ...: 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 WORTHWater and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 20I5,WSM-E Part I Revised July 1,2011 City Project No.02446 0061 13-2 PERFORMANCE BOND Pne 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHER7LOF,the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and ofcers on this the 2nd day of February,2016 6 PRINCIPAL: 7 A&M Construction and Utilities, Inc. 8 9 10 BY. 11 Signature 12 ATTEST: 13 14 Antonio Banda,President 15 (Pr cipal)Secretary Name and Title 16 17 Address: 4950 Grisham Drive 18 Rowlett,TX 75088 19 20 V Iry lc�o a .lo. 21 Witness as to Principal 22 SURETY: 23 Philadelphia Indemnity Insurance Company 24 25 Si" 26 B 27 gnature 28 29 Brent M. Blonigan,Attorney-in-fact 30 Name and Title 31 32 Address: One Bala Plaza, Suite 100 33 Bala Cynwyd, PA 19004 34 35 qkto_ 36 Witness as to Surety Telephone Number: 1-877-438-7459 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-Iaws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. The 43 date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015,WSM-E Part 1 Revised July 1,2011 City Project No.02446 l` • L Bond No. PBO1692800208 006114-1 PAYMENT BOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, A & M Construction and Utilities, Inc., [mown as "Principal" herein, and 8 Philadelphia Indemnity Insurance Company a corporate surety 9 (sureties), 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 Port Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of TWO MILLION FIVE HUNDRED TWENTY TWO THOUSAND THREE 13 HUNDRED SEVENTY FOUR DOLLARS AND NO CENTS ($2,522,374.00), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which 15 sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors 16 and assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 12 day 18 of January,2016,which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein,to furnish all materials,equipment, labor and other accessories as 20 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Water and Sarzitar'y Server Replacerrzerzt Contract 20.25 WSM-E Part 1D4E# 7457, City 22 Proiect Number.2446. 23 NOW,THE, 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 SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015 WSM-E Part 1 Revised July 1,2011 City Project No.02446 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 2nd day of February,2016 3 PRINCIPAL: A&M Construction and Utilities, Inc. ATTEST: BY: 4.kZz:L Signature LL----A Antonio Banda, President ( rincipal) Secretary Name and Title Address: One Bala Plaza,Suite 100 Bala Cynwyd, PA 19004 Witness as to Principal SURETY: Philadelphia Indemnity Insurance Company ATTEST: BY: ,Signature Brent M. Blonigan,Attorney-in-fact (Surety) Secretary Name and Title Address: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Witness as to Surety Telephone Number: 1-877-438-7459 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is diff-erent from its mailing address,both must be provided. 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 1] CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015 WSM-E Part 1 Revised July 1,2011 City Project No.02446 Bond No. PBO1692800208 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,A&M Construction&Utilities Inc.,known as"Principal"herein and Philadelphia Indemnity Insurance Company 8 a corporate surety(sureties, if more than one) duly authorized to do 9 business in the State of Texas,known as"Surety"herein(whether one or more}, are held and 10 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of I 1 the State of Texas,known as"City"herein,in the sum of TWO MILLION FIVE HUNDRED 12 TWENTY TWO THOUSAND THREE HUNDRED SEVENTY FOUR DOLLARS AND 13 NO CENTS ($2,522,374.00), lawfill money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 15 successors,we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly 16 and severally,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 Selver.Rgplacement Contract 2015 WSM-E Part IDOE 9 24 7457. City Prolect Number 2446,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 therefore at any time within the Maintenance 33 Period. 34 r CITY Or FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015 WSM_B Part 1 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 SS Replacement Contract .. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015 WSM-E Part I Revised Atly 1,2011 City Project No.2446 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 2nd day of February,2016 3 4 PRINCIPAL..: 5 A&M Construction and Utilities, Inc. 6 7 8 BY:� /� �� 9 Signature I0 ATTEST: 11 12 �_ �— Antonio Banda, President 13 (Pr cipal)Secretary Name and Title 14 I5 Address: 4950 Grisham Drive 16 Rowlett,TX 75088 17 ^p 18 "(u��eltLc�r�lL�sti 19 Witness as to Principal 20 SURETY: 21 Philadelphia Indemnity Insurance Company 22 23 24 BY: 25 Signature 26 27 Brent M. Blonigan,Attorney-in-fact 28 ATTEST: Name and Title 29 30 Address: One Bala Plaza, Suite 100 _. 31 (Surety) Secretary Bala Cynwyd, PA 19004 32 _A/],'J 33 34 Witness as to Surety Telephone Number: 1-877-438-7459 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-Iaws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water and SS Replacement Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2015 WSM-E Part 1 Revised duly 1,2011 City Project No.2446 1364 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:Debbie Palmer,Kara Pierce,Marci Luse and Brent M. Blonigan of Grayhawk Insurance Associates of Richardson,TX. Its true and lawful Attomey(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I`day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company l thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER I RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. (Seal) . Robert D.O'Leary Jr.,President&CEO N Philadelphia Indemnity Insurance Company On this Ph day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. pptAW*6AL OFPEN"YLKMnA NOTARIAL SEAL DANIELLE PORATH,Notary Pubic Aontgomey ryry MyCommismim M2,2016 � Notary Public: residing at: Bala Cynwyd,PA (Notary Seal) My commission expires: March 22,2016 I,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of rt-kr-u 20& Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY T IMPORTANT NOTICE ADvISO IMPORTANTE To obtain information or make a complaint: You may Para obener informacion o para someter una queja: call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono gratis de information or to make a complaint at: para informacion o para someter una queja al: 1-877-438-749 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at: Indemnity Insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de to obtain information on companies, coverage, rights Seguros de Texas para obtener informacion acerca or complaints at: de companias, coberturas, derechos o quejas al: 1-800-282-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas: at: P.O. Box 149104 P.Q. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#812-475-1771 Fax#512-475-1771 Web: l tto:fJvsr rsrr.tdi state.tx.us Web: httP:11www.td1.sfate.tx.us Email: ConsumerProtection(a)tdi'.state.tx.us Email: ConsurnerProtectior€(o?,tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS: Si a dispute concerning your premium or about a claim, bene una disputa concemiente a su prima o a un you should contact the Surety first. If the dispute is reclamo, debe comunicarse con el Surety primero. Si not resolved, you may contact the Texas Department no se resuelve la disputa, puede entonces of Insurance. comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND: This UNA ESTE AVISO A SU FIANZA DE GARANTIA-- notice ARANTIA:notice is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condition del documento adjunto. DATE(MM/DD/YYYY) %co CERTIFICATE OF LIABILITY INSURANCE F2/10/2016 - 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($), 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). kCT 'RODUCER NAME: Maurice Haywood Love Insurance Agency PHONEAIC No EXt 214-824-8050 ac No214-824-7262 -5400 E Mockingbird Lane Ste 224 ADDRESS:mauriCe@ lovelns.net Dallas, TX 75206 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A:American Empire Surplus Lines 35351 asuREO A & M Construction & Utilities, Inc. INSURER B:Progressive Casua ty Insurance Co. 24260 INSURER c:Texas Mutual Insurance Co. 22945 4950 Grisham Drive INSURER D:North River Insurance Company 21105 Rowlett, TX 75088 INSURER E:ESsex Insurance Company 39020 972-412-0255 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "TR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMl0POLICY EXP D/YYW MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 7 OCCUR PREMISES Ea occurrence $ 100,000 X Explosion,Collapse MED EXP(Any one person) $ 5,000 A X Underground Coverage 14 EP 0187419 10/03/2015 10/03/2016 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO a LOC PROD JECT UCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY Ea accident $ 1,000,000 X ANYAUTO 10/20/2015 10/20/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 08290209-4 BODILY INJURY(Per accident) $ X AUTOS -MTOPMTY B SX HIRED X NON-OWNED AUTOS Per accident)DAMAGE- $ UMBRELLA LIAB X OCCUR 5821042527 10/03/2015 10/03/2016 EACH OCCURRENCE $ 2,000,000 D X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ 4 950 $ WORKERS COMPENSATION X I STATUTE ER AND EMPLOYERS'LIABILITY YIN10/21/2015 10/21/2016 ANY PROPRIETORIPARTNERIEXECUTIVE 0001230138 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,_000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Equipment Floater IMD30824 01/27/2016 0l/27/2017 Leased & Hired Equip 250k per item lm agg DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 'riado & Associates is named as an Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Criado & Associates THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 777 Main St ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, Tx. 76102 AUTHORIZED REPRESENTATIVE ©1988 13 ACORD CORPORATION. All rights reserved. 4CORD25(2013/04) The ACORD name an logo are registered marks of ACORD DATE(MM/DD/YYYY) '`�c� CERTIFICATE OF LIABILITY INSURANCE F2/10/2016 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(les) 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 UUNIAUI NAME: Maurlce Haywood Love Insurance Agency HONoEM: 214-824-8050 FAX 5400 E Mockingbird Lane Ste 224 A/CNe214-824-7262 ADE-MAIL loveins.net G= Dallas, TX 75206 INSURER(S) AFFORDING COVERAGE NAICN INSURER A:Landmark American Insurance Co. 33138 JSURED A & M Construction & Utilities, Inc. INSURER B:Progressive Casualty Insurance Co. 24260 INSURER C:Texas Mutual Insurance Co. 22945 4950 Grisham Drive INSURER D:Travelers Excess and Surplus Lines 29696 Rowlett, TX 75088INSURERE:EsseX Insurance Company 3902 972-412-0255 INSURER F: 3OVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. JrR TYPE OF INSURANCE IVSD WVD POLICY NUMBER MM/DD/YYYYFF MM/DD/YYYY LIMITS }[ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 UA CLAIMS-MADE FX OCCUR PREMISES Ea occurrence $ 100 000 X Explosion,Collapse MEDEXP(Anyoneperson) $ 5 000 X Underground Coverage LHA110400 10/03/2015 10/03/2016 pERSONALBADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY x JE O [7 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE-LIMI Ea accident $ 1'000,000 X ANYAUTO 10/20/2015 10/20/2016 BODILY INJURY(Per person) Is W ALL ONED SCHEDULED 08290209-4 B X AUTOS AUTOS BODILY INJURY(Per accident)I$ X HIRED AUTOS �{ NON-OWNED PROPERTY DAMAGE AUTOS Per accident Is Is UMBRELLA LIAB X OCCUR 10/03/2015 10/03/2016 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB 15S81314 AGGREGATE $ 2,000,000X ,000,000X CLAIMS-MADE DED RETENTION$ 0 $ WORKERS COMPENSATIONCIDENT - AND EMPLOYERS'LIABILITY Y/N x STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE 0001230138 10/21/2015 10/21/2016 E.L.EACH AC OFFICER/MEMBER EXCLUDED? NIA $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 ,000,000 Equipment Floater IMD32523 01/27/2016 01/27/2017 Leased & Hired Equip 250k per item $lm agg SCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) he City of Fort Worth, including its officers, officials, employees, Boards and )mmissions, and volunteers are named as Additional Insureds as respects liabiity Overages as required by written contract. A Waiver of Subrogation in favor of The Sty of Fort Worth applies for General Liability and Workers Compensation as required written contract. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton St. ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, Tx 76102 AUTHORIZED RESENTATIVE 019 -2013 ACORD CORPORATION. All rights reserved. ORD25(2013/04) The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 - � CONDITIONS ��7 7T�� `,^' ^^.��' ^^^^� ^�^~^,^�^~, "^� ~.�^^,�,^^^�/^nm �^^ ^^,,� K CONSTRUCTION ��7 ' ~^~^^``� ^^���^�^^��^� ����^" ^^~' ^~~^ » TABLE OF CONTENTS Page Article l —Definitions and Terminology..........................................................................................................l }.0{ I}efiocdTerms............................................................................................................................... I « 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 � 2.01 Copies ofDocuments....................................................................................................................7 2.02 Commencement ofContract Time;Notice toProceed...........—...............—....................—.........7 2.03 Starting the Work..........................................................................................................................8 « 2.04 Before Starting Construction........................................................................................................8 2.05 PrcconoboctionConference..........................................................................................................8 K2.06 Public Mocfin»..............................................................................................................................8 « 2.07 Initial Acceptance ofSchedules....................................................................................................8 Auticic3 —Contract Documents: lo1czd Amending,Reuse............................................................................8 « 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................0 8 3.03 Reporting and Resolving Discrepancies-----------------------------0 � 3.04 Amending and Supplementing Contract Documents.................................................................lA 3.05 Reuse ofDocuments................................................................................................................... l0 � 3.06 �}co�cnuicI�atu ll U ' ------------------------'—~^--------------' Article 4— ���' �����m�9���o� �nu�m�' l��� ''�--'---'� , -`'- , Envirom-nental Comjitioos'. Reference Points...........................................................................................................l} � ' 4.01 Availability ufLands .................................................................................................................. l} 4.02 Subsurface and Physical Conditions ..........................................................................................]? « 4.03 Differing Subsurface nr Physical Conditions.............................................................................}2 � 4.04 Underground Facilities ----------------------.------...-----...l3 4.05 Reference Points .........................................................................................................................l4 « 4U� l{ezur�nua�ov�roouo�ota �ou����on1 ��c 14 � . .. -------------------_..~..-- /\rticle5—Boodaaudluouraooc -------------------------.---..-----._--..l0 «Y 5'01 Liocoocd Sureties and Insurers''�'''''''''''''''''' ''''''''''' '''''' ''''''''''''' ''''''''''''''''''''''''''''''''''''']6 5.02 Performance,Payment, and Maintenance Bonds.......................................................................l6 5.03 Certificates ofInsurance.............................................................................................................l6 � 5.04 Contractor's Insurance................................................................................................................ l0 5.05 Acceptance ofBonds and Insurance; Option boReplace...........................................................l9 � Article h—Contractor's Responsibilities........................................................................................................l9 6.01 Supervision and Soperiuteudeooc........—................................—...................—...—....................l4 CITY npFORT WORTH STANDARD CONSTRUCTION s,ec/pcAT|owDOCUMENTS 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Enviromnental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work ..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work ...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Worl...........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title ...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 r Article 16 Dispute Resolution 61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page I of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Def ned Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration, 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsall,–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressurV (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. _ 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, stone water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Pei form, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Workindicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012