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HomeMy WebLinkAboutContract 44272 M CITY SECRETARY CONTRACT NO. Z FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Armstrong Ranch Elevated Tank Rehabilitation Project City Project No. 01951 ` Betsv Price Tom Liggins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department r Andrew T. Cronberg,P.E., Assistant Director Charh C Angadieheril,Assistant Director F Prepared for The City of Fort Worth 2012 By: Tank Industry Consultants 7740 West New York Street Indianapolis, Indiana 46214 Registration No. F-2891 TIC 12.171.5465.021C" ftaft Orme'iacoR� "" **on%rx �CCEIVLD MAR 112013 FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Armstrong Ranch Elevated Tank Rehabilitation Project City Project No.01951 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Andrew T. Cronberg,P.E.,Assistant Director Charly C. Angadicheril,Assistant Director Prepared for The City of Fort Worth 2012 By: Tank Industry Consultants 7740 West New York Street IndianaRolis�,-Indiana 46214 1�JlYistp• i�F-2891 Certified by• ,, •. �¢A Gregory C 4 hip" Stein,P. ........... � ........ y Y;.-�f� Registered Professional Engin"`iia� State of Texas TIC 12.171.S465.021 R 000000-1 TABLE OF CONTENTS Page i of 2 w 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 00 35 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 00 45 11 Bidders Prequalifications . 00 45 26 Contractor Compliance with Workers'Compensation Law Minority Business Enterprise Specifications and Forms(Attachments lA- 1C) 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 007300 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work do 01 1500 Abbreviations and Symbols 01 25 00 Substitution Procedures 013119 Preconstruction Meeting 01 3120 Project Meetings 0132 16 Construction Progress Schedule 013300 Submittals 01 35 00 Coordination 01 40 00 Regulatory Requirements 014523 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 016600 Product Storage and Handling Requirements 01 74 23 Cleaning 01 77 19 Closeout Requirements rs 01 7839 Project Record Documents _ Technical Specifications 02 67 50 Disinfection of Water Distribution Systems 09 80 00 General Specifications for Coating Systems 0987 10 Exterior Coating System for Steel Storage Tank 0987 15 Exterior Topcoating System for Steel Storage Tank 09 87 20 Interior Dry Coating System for Steel Storage Tank 09 87 30 Interior Wet Coating System for Steel Storage Tank 09 88 00 Concrete Coating CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 000000-2 TABLE OF CONTENTS Page 2 of 2 13 20 00 Steel Water Storage Tank Rehabilitation Drawings AB Antenna Mounting Support AM Access Tube Manhole ATI Access Tube Extension AT2 Access Tube-to-Roof Detail CRV Clog-Resistant Roof Vent, Sheets 1-4 LR Ladders NP Nameplate Attachment Bracket PM Top Platform Manhole PR Top Platform Safety_Rail RM Roof Manhole RO Roof Rigging Openings RR Roof Railing S1 Antenna Mount S2 Antenna Cable Bracket Logo r Appendix Wage Rates Summarized Tank Information Sheet Soil Sampling Procedure and Chain of Custody Form(Pre-Job) Soil Sampling Procedure and Chain of Custody Form(Post-Job) Abrasive Sampling Procedure and Chain of Custody Form Job Safety Analysis Form Contractor Safety Checklist Daily Jobsite Safety Survey Report Submittal Check List Preliminary Evaluation and Assessment Report—Armstrong Ranch Tank END OF SECTION ■ CITY OF FORT WORTH Annstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 M&C Review Page 1 of 2 Official site of the aty of Fort Worth,Texas CITY COUNCIL AGENDA FoR� oT11 COUNCIL ACTION: Approved on 1/29/2013 REFERENCE .t*C-26072 LOG NAME: 60ARMSTRONG ELEVATED DATE: 1/29/2013 NO.: STORAGE TANK REHAB CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with American Suncraft Construction Co., in the Amount of$925,500.00 for the Armstrong Ranch Elevated Storage Tank Rehabilitation Project, Located at 7200 Trail Lake Drive(COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with American Suncraft Construction Co., in the amount of$925,500.00 for the Armstrong Ranch Elevated Storage Tank Rehabilitation Project, located at 7200 Trail Lake Drive. DISCUSSION: The Armstrong Ranch two million gallon elevated storage tank was constructed in 1961 and last rehabilitated in 1995. This elevated tank provides potable water storage and fire protection for areas in south Fort Worth. The existing coating system is in need of replacement as required to protect the structural steel from corrosion. On January 12, 2012, a Request for Proposals (RFP)was issued for several Water Department projects, including potable water storage tank rehabilitation projects. On February 10, 2012, a total of five proposals were received from engineering consultants for the tank rehabilitation projects. A Staff consultant selection committee recommended Tank Industry Consultants, Inc., for the Armstrong Ranch elevated storage tank rehabilitation project. On July 17, 2012, (M&C C-25735)the City Council authorized execution of an engineering Agreement with Tank Industry Consultants, Inc., for the design and preparation of contract documents for the recoating and structural repairs of the Armstrong Ranch elevated storage tank. The project was advertised on November 1, 2012 and November 8, 2012 in the Fort Worth Star- Telegram. On November 29, 2012, seven bids were received. The contract documents stipulated that if the base bid exceeded $1,000,000, then the deductive alternate would be awarded. The deductive alternate consisted of spot blasting and power washing the exterior, instead of a full abrasive blast, prior to the exterior coating application. BIDDER BID AMOUNT ICONTRACT Blastco Texas, Inc. $816,450.00 American Suncraft Construction Co. $925,500.00 150 calendar days Classic Protective Coatings, Inc. $1,239,800.00 LC. United Painting Company, Inc. $1,279,200.00 TMI Coatings, Inc. $1,349,800.00 N.G. Painting, L.P. 1$1,357,300.00 . &M Construction and Utilities 1$1,524,220.00 Blastco Texas, Inc., requested to be released from their bid, as they did not include exterior shrouding http://apps.cfwnet.org/council_packet/mc review.asp?ID=17944&councildate=1/29/2013 1/30/2013 M&C Review Page 2 of 2 of the tank in their deductive bid price. Therefore, Staff recommends award to American Suncraft Construction Co., the next lowest responsive bidder. American Suncraft Construction Co., is in compliance with the City's BDE Ordinance by committing to seven percent MBE participation. The City's goal on this project is seven percent. The project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P253 541200 603180995180 $925.500.00 Submitted for City Manager's Office by: Fernando Costa(6122) ^originating Department Head: S. Frank Crumb(8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60 Armstrong Elevated Storage Tank Rehab MAP.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=17944&councildate=1/29/2013 1/30/2013 ADDENDUM NO. 1 ARMSTRONG RANCH ELEVATED STORAGE TANK REHABILITATION PROJECT FORT WORTH WATER DEPARTMENT Capital Project No. 01951 Date Issued: November 21, 2012 Bid Date: Thursday,November 29th, 1:30 PM The Contract Documents for the "Armstrong Ranch Elevated Storage Tank Rehabilitation Project", for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No. 1. Bidders must acknowledge receipt of this Addendum on the Bid Form. CONTRACT DOCUMENTS Bid Form,Section 6.3—revise by moving additive alternate#14 and#15 into the base bid. Bid Form, Section 6.4 — Add Section 6.4 which states, "Should the base bid exceed $900,000, the additive alternates will not be awarded. If the base bid is under $900,000, then the City will consider awarding the additive alternates in the following order — Additive Alternate Bid Item 13, Complete Cleaning and Repainting Interior Dry Surfaces, followed by Additive Alternate Bid Item 11, Exterior Fluorourethane Coating System. Should the base bid exceed $1,000,000, the Deduct for Spot Cleaning and Top Coating Exterior Surfaces will be awarded." Bid Proposal Form—Reissued with bid items#14 and#15 moved into base bid. END OF ADDENDUM NO. 1 001113-1 INVITATION TO BIDDERS Pagel of 2 SECTION 00 11 13 INVITATION TO BIDDERS - RECEIPT OF BIDS Sealed bids for the construction of the Armstrong Ranch Elevated Storage-Tank Rehabilitation Project will be received by the City of Fort Worth Purchasing Office: _ City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 until 1:30 PM CST,Thursday,November 29,2012,and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the(approximate)following: structural repairs and removal and recoating of a 2.0 million gallon welded steel elevated storage tank, located at 7192 Trail Lake Drive,Fort Worth,TX 76133. PREQUALIFICATION The improvements included in this project must be performed by a contractor who has been pre- qualified to bid this project by the City prior to the bid opening. The procedures for qualification and pre-qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. DOCUMENT EXANUNATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at hgp://www.fortworthpov.org/purchasingz and clicking on the Bia aw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded,viewed,and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Tank Industry Consultants,Inc., located at 7740 West New York Street,Indianapolis, IN 46214,317-271-3100, attention Mr.Patrick Brown. The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents: $150.00 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following location,date, and time: DATE: November 14,2012 TIME: 1:00 PM PLACE: 7200 Trail Lake Drive,Fort Worth,Texas CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH Fleetwood Ground Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01953 Revised October 29,2012 001113-2 INVITATION TO BIDDERS Page 2 of 2 INQUIIZIES All inquiries relative to this procurement should be addressed to the following: Attn: Chris Harder,City of Fort Worth Water Department Email: Christopher.Harder@fortworthgov.org Phone: 817-392-8293 - AND/OR Attn: Ray Penny Email: Penny@tankindustry.com Phone: 281-367-3511 ADVERT11SEMENT DATES November 1,2012 November 8,2012 END OF SECTION d CITY OF FORT WORTH Fleetwood Ground Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01953 Revised October 29,2012 r 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are LLdefined in Section 00 72 00-GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder. Any person,firm,partnership,company,association,or corporation acting directly through a duly authorized representative,submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Special Prequalification of Bidders(Prime Contractors) 3.1.All Bidders are required to be prequalified for this project prior at least 7 days prior to the bid opening.Bids received from contractors who are not prequalified(even if inadvertently opened)shall not be considered. 3.2.Each Bidder shall submit to City within seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project,and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information,a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds ■ for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification,additional requirements for qualification may be required within various sections of the Contract Documents. 3.5.Special qualifications required for this project will be based on a company financial evaluation,company historical schedule compliance,evaluation of proposed project manager and project superintendent,and company work history. 4. Examination of Bidding and Contract Documents,Other Related Data,and Site • 4.1.Before submitting a Bid,each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents(including "technical data" referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto,shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress,performance or famishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable"technical data." CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.5.Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contiaet Documents just as though such addenda were actually written into the original Contract Documents.No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6.Perform independent research, investigations,tests,borings,and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request,City may provide each Bidder access to the site to conduct such examinations, investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations,investigations,tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion,and obtain all information required to make a proposal.Bidders shall rely exclusively and solely upon their own estimates,investigation,research,tests,explorations,and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation,examinations and tests herein required.Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8.Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of 4.2.1. those reports of explorations and tests of subsurface conditions at'or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any,on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the "technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02.of the General Conditions has been identi-flied- and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any"technical data"or any other data,interpretations,opinions or information. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4,(ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means,methods,techniques,sequences or procedures of construction(if any)that may be shown or indicated or expressly required ' by the Contract Documents,(iii)that Bidder has given City written notice of all conflicts,errors,ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder,and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-0f--way and easements for ' access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way,easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the Project- 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way,easements,and/or permits,and shall submit a schedule to the City of how ' construction will proceed in the other areas of the project that do not require permits and/or easements. M CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 € 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions= 4 received after this day may not be responded to.Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Attn: Chris Harder,Project Manager Email: Christopher.Harder@fortworthgov.org Phone: 817-392-8293 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via Buzzsaw. 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which,or the dates by which,Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the - attached Bid Form. As indicated and defined in the Bid Form, substantial completion shall be achieved on this project within 120 calendar days from the effective date of-the notice to proceed. Final Completion shall be achieved within 150 calendar days from the effective date of the notice to proceed. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement and defined in the bid Form. Due to the criticality of the Armstrong Ranch Elevated Storage Tank to the Fort Worth water system, liquidated damages have been set.at$500 per calendar day for both substantial and final completion. 10. Substitute and "Or-Equal' Items The Contract,if awarded,will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal' items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- + equal' item of material or equipment may be furnished or used by Contractor if acceptable to City,application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors,Suppliers and Others 11.1. In accordance with City Ordinance No. 15530(as amended),the City has goals for the participation of minority business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form(with"documentation) ' and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M.CST,five(5)City business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received.Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe obtained from the City. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit price item listed therein. In the case of optional alternatives,the words"No Bid, -- "No Change,"or"Not Applicable"may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, y addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED"on the face of it. A CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must Ne - made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any ■ time prior to the opening of Bids.After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may, at the option of the City,be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at anytime prior to the time set for the closing of Bid receipt 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may,at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract ■ 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price,contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists • among the Bidders,Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on-A previous contract,Bidder has performed a prior contract in an unsatisfactory manner,or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. ■ CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 a 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors,Suppliers,and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the Cit}r City also may consider the operating costs,maintenance requirements,performance data and guarantees of major items of materials and equipmetlrt proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility,qualifications,and fmancial ability of Bidders,proposed Subcontractors,Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded,City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds,Certificates of Insurance,and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY'OF FORT WORTH Armstrong Ranch Elevated Storage TankRehahilftation STANDARD CONSTRUCTION SPECIFICATION DOCUNIE TTS Project No.01951 Revised October 29,2012 W35 13 BID FORM SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT G 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. httoJ/www.ethics-state.lx.uslforms/C IQ.odf httpJhvww.ethics.state.tK.us/forms/ClS.od ❑ CIQ Form is on file with City Seaietary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary DDE ' ( e• iNQ— b G By: .�. J �2S��D ly /► ►^X h Ma Signature: Tc'� OH Title: END OF SECTION CrTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farr Revised 20120327 Bid Fomes 00 41 00 &D FORM SECTION 00 4100 BID FORM TO: The City Manager do:The Purchasing Department 1000 Throdcmorton Street City of Fort Worth,Texas 76102 FOR: Armstrong Ranch Elevated Storage Tank Rehabilitation Project City Project No.: City Project No.01951 1. Enter Into Agreement The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with City in the forth 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. 1 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,gKV,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 harning or threatening to harm,directly or Indirectly,persons or their property tc influence their participation in the bidding process or affect the execution of the Contract CRY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fam Rewind 20120327 Bid Forms 00 41 00 BID FORM 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified centractors: a. abrasive blast cleaning b. painting c welding d. 4. Time of Completion 4.1. The Work will be substantially complete within 120 calendar days from the date established by the Notice to Proceed. Substantial Completion shall be defined as the ability to place the Eastwood Elevated Storage Tank into service. Final Completion shall be achieved within 150 calendar days from the date established by the Notice to Proceed. The time between substantial and final completion is reserved for cleanup, demobilization, and final paperwork. The Contract Time commences to run as provided In Paragraph 2.3 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to achieve substantial and final completion within the times specified in the Agreement. Should substantial and final completion not be achieved within 120 and 150 calendar days respectively,the Contractor shall be assessed liquidated damages at a rate of$500 per calendar day,in accordance with Article 14.02 D of the Standard General Conditions of the Construction Contract 5. Attached to this Bid The following documents are attached to and made a part of this Bid: This Bid Foran,Section 00 4100 VRequired Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. VProposal Form,Section 00 42 43 dl!Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e.MWBE Forms(optional at time of bid) {Corot of Interest Affidavit,Section 00 3513 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary N/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 Decuments 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. CnY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAnON DOCUMENTS Fam Ravhod 20120327 !id Fame ao at w WFORM 6.3. Evaluation of Aitemate Bid items 1 f Total Base Bid(Hems 140 and 1415 indirsitve) 1� ,V9 C)+ 5 Do Additive Alternate Bid Item 11 � Deductive Alternate Bid Item 12 9 2-515 0D. 0 AddEve Alternate Bid Item 13 Total Bid 6.4. Should the base bid exceed$90,000,the additive alternates will not be awarded If the base bid is under$900,000, then the City will consider awarding the additive alternates in the following order-Additive Allemate Bid Item 13, Complete Cleaning and Repainting Interior Dry Surfaces, followed by Additive Alternate Bid Item 11, Exterior Fiuorourethane Coating System. Should the base bid exceed S1,000,000,the Deduct for Spot Cleaning and Topcoating Exterior Surfaces will be awarded. This Bid is submitted on -/L--7j-z by the entity named below. Respectfully submitted Rec:ipt is adm waledged o Initial foilowinAddenda: Addendum No.1: (Signalurep Addendum No.2• Addendum No.3: I,Rorl t nG Addendum No.4: (Printed Name) Tit h Company. t r x w"u G�/Yl �Ll1YL 0A- 1� re tat Addn= r D State of Incorporation: Emart �r-�7e s Of�C�S'�m ct 1. C- Phone: `� G) END OF SECTION cnv cf ram-woRTm srAr MAA MMSTFOUICTION saECIRCwrioN DOCUMerrs Farm RoWsed 2M20M Bid Ferns 004243 BID PROPO.S.V. SECTION W 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item h*matron Bia kes Proposal Bidlist]Ica Description specification of Bid Quantity Unit Price Bid Value Section w 1 _ Base Bid for Armstrong Ranch Tank V --` Lump Sum _ 2_-Repair Wedding If required -- ---13_20 00 man-hour 30 -3 Pit Ealing and Surfacing if required - - - 132000 -gallon 4_ 4 Interior Chipping and Grinding if required -- ' ---132000 _ man-hour `--100 ���t0� JQ�2� ---- -- --Q�• 5 Roof Stntctur2 BoNs if required - -- ---13 20 00 - bolt _ ---150 d 6- Inner Main Roof Rafter Replacement if required - --- 13 20 00 rafter 18DO 53 —7 Outer Main Roof Rafter Replacement if required ----- 13 20 00--_ rafter - ---- -18 - L - - (oOo� 8 Secondary Roof Ratter Replacement if required - ---—13 20 00 _ rafter_ _ 18 - 9--Roof Knuckle StiffenerReplacementif required 13 20 00 stiffener 42 _ 10 Unanticipated Additional Work if required ----- -13 20 00 _man-hour 60 11 Alfemate Exterior FWrourethane Coating System iE selected _ p9 87 10 Lump_Sum 1 12 Deduct for Spot Cleaning and Topcoaft Exterior Surfaces if selected 09 87 15 Lump Sum - --- - - -- -- --..._-------- - Deduct_ 0-00--- 13 -00-13 __Complete Cleaning and Repainting interior Dry Surfaces if selected 098720 Lump Sum 14- Antenna Mounting Brackets on Columns if selected 13 20 00 -bracket _3-� .fXj.�_ r.(p bQ• -15 Antenna Cable Brackets on Columns if selected -- ---13 20 00 - pair 84 1co.00 Bid Summary Base Sid Base Bid for Armstrong Ranch Tank _ Lump Sum —1 71, 000—cy DIV Repair Welt"if required - --- - 132000 man-hour 311 Pit Filing and Surfacing if required _-132000-- _gallon trterior Chipping and Grinding if required 13 20 00 man-hour 100 Root Structure Botts if requited - _- ---13 20 00 �.,00�_t-Q00 0 Inner Whin Roof Ratter Replacement Tie —13 2D 00 rester t8 Outer Main Roof deter Replacement if required 132000 rafter- 18i!t(Xj - §econdaty Roof Rafter Replacement if required -'- --1320 00 - ratter ----- 18 Roof Knudde Stdfener Replacement if required --- 13 2D OD _stiffener 42 Unanticipated Additional Work if required --- -- 13 20 00 man hour -80 — _ _ _ __ _ •- Antenna Mounting Brackets on Columns -_ - 13 20 00 bracket -_- 3 Z.pO:CU 3(u.CO. Antenrrd Cable Brackets on Columns 13 20 DD pair 84 DO. Total Bax Bid ob Additive Afferoate Sid Agaru to Bftior Raourettrarte COa ft System If selected IN 87 10 jLwM&nj i Total Additive Ake rotate w Dedadi a Alternate Bid Deduct for Spa fie=*g and Topooatft Ededor Surfaces If selected 09 8715 LUMP SirufftDadud 165 oDo-00 T.tai Deem:ive Akrxaate Bidl 9 Z 00 Additive Akekmh Bid Comae Cleanntg and Repairing Interior Dry Stubm ft selected ID9 8720 ILtjtmp Suml 117-1+, Total AddWhe Alhrmte MY OF FORT WORTH STANDARD CONSTRUCTION SPECSWATM DOCUMENn Fina Revised 30120120 Awa g Rut&id Foo a 004313 BID BOND Pape 7 of 7 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) hereinafter called the Principal,and(Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Armstrong Ranch Elevated Storage Tank Rehabilitation Project 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and Conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2012. By: (Signature and Title of Principal) 'By: (Signature of Attomey-of-Fad) 'Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Bid Fomes 004337 VENDOR COMPLIANCE TO STATE LAW Papp I of I 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. (` ID 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 CDmpany or majority owner is in the State of Texas. ❑ SiDDtR j"1'n1211�t.C Gc/Vl J l D 1'"l �O I 11x1 C.t9 BY 1 L Title: /-f Date: � � 2- 12— END ZEND OF SECTION CITY OF FORTwDRTH STANDARD CONSTRUCTION SPECIFH,ATION DOCUMENTS Foue R&Ased 20110G1] Hid Fortes 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 2 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 1. Summary:All contractors are required to be prequalified for this specific-tank rehabilitation project by the City prior to submitting bids.To be eligible to bid the contractor must submit the required prequalification paperwork within the time stipulated,and be approved by the City prior to the bid opening. Prequalification information must be submitted to the designated City Project Manager at least seven(7)days prior to the date of the opening of bids. In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following records must accompany the submission: a. FINANCIAL-A complete set of current audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. EXPERIENCE—For an experience record to be considered to be acceptable,it must reflect the experience of the firm in performing tank rehabilitation projects. Experience must be on projects that were completed no more than five years prior to the bid date. A minimum of three references must be included. References must include a contact person,telephone number,project name,total cost, and type of work performed. c. EQUIPMENT—The prospective bidder shall list the equipment that the Contractor has available for the project and list the equipment that the Contractor will rent as may be required to complete the project. d. PERSONNEL AND SCHEDULE: The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five years to demonstrate ability to complete complex tank rehabilitation projects in a timely manner. Provide list of contact persons(preferably field inspectors or resident engineers)with names and phone numbers. e. ORGANIZATION: A certified copy of the firm's organizational documents (Corporate Charter,Articles of Incorporation,Articles of Organization,Certificate of Formation,LLC Regulations,Certificate of Limited Partnership Agreement). f. TAX INFORMATION: The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.usAgVermit/and fill out the application to apply for your Texas tax ID. 2. Prequalification Financial Statement Requirements a. Financial Statements.Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised October 29,2012 1 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 2 (2) To be satisfactory,the financial statements must be audited or reviewed by an independent,certified public accounting firm registered and in good standing in any state.Current Texas statues also require that ' accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S.dollars at the current rate I of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America.This must be stated in the accounting firm's opinion. It should: (1)express an unqualified opinion,or(2)express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. ' (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter,in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts.Bidding capacity is determined by multiplying the positive net working capital(working capital=current assets—current I liabilities)by a factor of 10.Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. 9 (10) In the case that a bidding date falls within the time anew financial statement is being prepared,the previous statement shall be updated with proper verification. I 3. Previous Prequalification for Tank Rehabilitation Projects a. The City shall recognize general contractors that were previously pre-qualified in 2012 for water storage tank rehabilitation projects,which includes the following list: ' (1) B lastco Texas, Inc. (2) Classic Protective Coatings,Inc. (3) N.G.Painting,L.P. b. Additional firms seeking pre-qualification shall submit detailed information in accordance with this specification. I 4. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject,suspend,or modify any prequalifleation for failure by the , contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. END OF SECTION CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revisod October 29,20I2 s 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 [Text in Blue is fbr information or guidance. Remove all blue text in the project final document.] 4 Pursuant to Texas Labor Code Section 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.01836.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 L� v 1 ��C.e�r► h C'r' Cd By: � 13 Company (Please Print) 14 / cc � 15 /6 g 3� �.3G� r / �� �✓�, Signature: 16 Address 17 / 18 Gcf �fLI /J 3 / Title: ��� P 19 City/State/ (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFT , the pndersi ed auth ity,on this day personally appeared 27 -- tr ,known to me to be the person whose name is 28 subscribed to the foregoi Ins a and ack owle ged to me that he/she executed the same as 29 the act and deed of �%C� 1rS_ for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this �-3 � day of 33 _ 20 34 35 , ,4 i� 17 36 C% 37 Notary Public in and for the State of Texas 38 39 END OF SECTION BRENDA C.MARTIN,Notary Public in and for the State of Ohio My Commission Expires July 7,2014 40 w CITY OF FORT WORTH .Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised July 1,2011 OhioBWC - Employer- Service: (Payroll reports) - Certificate0 rages �� Bureau of Workers' h�O Compensation 30 Spring Columbuss,, OH 4321155 Certificate of Premium Payment This certifies the employer listed below has paid into the Ohio State Insurance Fund as required by law. Therefore, the employer is entitled to the rights and benefits of the fund for the period specified. For more information, call 1-800-OHIOBWC. This certificate must be conspicuously posted. Policy No. and Employer Period Specified Below 1043531 01/01/2013 Thru 08/31/2013 AMERICAN SUNCRAFT CONSTRUCTION CO AMERICAN SUNCRAFT CONSTRUCTION CO 10836 SCHILLER RD MEDWAY, OH 45341-9743 ohiobwc.com A01— ail Administrator/CEO You can reproduce this certificate as needed. Ohio Bureau of Workers' Compensation Required Posting Effective Oct. 13, 2004, Section 4123.54 of the Ohio Revised Code requires notice of rebuttable presumption. Rebuttable presumption means an employee may dispute or prove untrue the presumption (or belief) that alcohol or a controlled substance not prescribed by the employee's physician is the proximate cause (main reason) of the work-related injury. The burden of proof is on the employee to prove the presence of alcohol or a controlled substance was not the proximate cause of the work-related injury. An employee who tests positive or refuses to submit to chemical testing may be disqualified for compensation and benefits under the Workers' Compensation Act. Bureau of Workers' Ohio Compensation You must post this language with the certificate of premium payment. i uP-29 MC-1629 717108 https:)'/www.ohiobwc.com/employer)services/Payroll/nlbwc/Certificate.aspx?txtCID=3383... 1/10/2013) � RT,. 4RTH City of Fort Worth Minority Business Enterprise Specifications` SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than$50,000,then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is$50,000 or less,then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City"of Fort W. ,oral to ensure the full and equitable participation by Minority,Business Enterprses (MBE) in tlig'procurement of all goods and services. All requirements and regulations `stated in the City's ;current Business Diversity Enter%pitse Ordinance applies#o this bid. MBE PROJECT GOALS_ . `The aCity*s MBE goal on this projectis -7 of the total bid(Base bid applies to Parks and Community Seniices). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On Bity contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or; 3. Good Faith Effort documentation,or, 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications The Offeror shall bdiver the MBE documentation-in perste the ap ropriafe raplo ree of Lite rnaRaging department and obtain a date!#�me recemt Mach receipLsfiall e r T evidertae SafLe fy n h ocum�tatioti in#etirne.aitorated taxed cQpy)w lf-no#6e accepted_ 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00,p.h!, five (5) City business days after the bid Utilization Form,if participation is'less than opening date,exclusive of the bid opening date. sf a#eii oil: 3. Good Faith`Effort and, received by 5:00 p.m, five (5) City'business days after the bid utilization Form,if no MBE participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if you will received by 5:00 p.m., five 0) City business days after the.,bid dorm all subcontractin /su plierwork: opening date,exclusive of the bid opening date. S. Joint Venture Form,if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE,WILL RESULT IN THE 131D BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS 'Any questions,please contact the MMBE Office at(817)212-2674.: Rey.5/30/12 AM ATTACHMENT 1A Qy�ldl l Page 1 of FORTWORTH City of Fort Worth CIV-1 MBE SubcontractorsiSuppliers Utilization Form PRIM COMPANY NAME: Check applicable block to describe prime Tian MWDBE NON-WNVDBE PROJECT NAME: fro L V a Jed BID DATE rms a k City's MBE Project GoRI-1 I Prime's MBE Protect Commitment: PROJECT NUMBER `-7 % I I ol4iq ! Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six(S)county marketplace at the time of bid. Marketplace is the geographic area of Tarrant. Dallas, Denton, Johnson, Parker,and Wise counties. Identify each Tier level. Tier is the leve[ of subcontracting below the prune contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1't tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace,that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hau[ing services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE fine, including MBE owner-operators, and receive-full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev.5130112 5 FORT WORTH ATTACHMENT 1A �✓r Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers,regardless of status;i.e.,Minority and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE,please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office,which may be contacted for verification. Please not that only certified MBEs will be counted to meet an MBE aoai. Attach N NCTRCA Certificate o SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount Telephone/Fax r B B B B E E E E I 6rcL JW, V -7-40 '9094-1 Lpoe- (749h J-'-S'Lt16Pl S Q'j4 - •.qO w s--;a • ❑ &//QS. 7X #7 S 24 2 ❑ ❑ ❑ ❑ ❑ ❑ Rev.WOM2 • FQ--w H ATTACHMENTge3of 4 Z Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status;i.e.,Minority and non-MBEs. Please list MBE firm's first,use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE,please attach a copy of the firms SBE certification if they have not previously registered with the City's MNVBE Office which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. Attach N NCTRCA Certificate SUBCONTRACTORISUPPLIER T ° Detail Detail Company Name I Subcontracting Supplies Address e M W s M Work Purchased Dollar Amount TelephonefFax r B B B B E E E E D 0 F] Rev.5/30/12 w • ATTACHMENT 1A FORT WORTH Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ bs '5s'o t7 a The Contractor will not make additions, deletions,or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Additfon form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affectthe committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1)year. Z'2z' � vn t hori d Siignature Printed Signature o Title Contact N,amQeITitlee(if different) q3 Company Name Telephone andlor Fax l D3Lo ;11 --- ---,csuncrrrfcom Address / E-maif Address !/ /� I�i� S:34 / /3 ZD/Z City/State/Zip Date Rev.5130!12 005243-1 Agreement Page 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on January 29, 2013 is made by and between the City of Fort Worth, a Texas home le municipality, acting by and through its duly authorized City Manager, ("City„), and ✓"t�i c�J .�nJ t��. Z'4k.. authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Armstrong Ranch Elevated Storage Tank Rehabilitation Project Project No. 01951 Article 3. CONTRACT TEgE 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 150 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred Dollars ($500.00)for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised June 4,2012 ■ 005243-2 Agreement Page 2of4 Article 4.CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of nine hundred twenty-five thousand five hundred Dollars($925,500). Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. ■ 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form , 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project speck) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond ' f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit • i. MBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued,become an incorporated part of the Contract Documents: ■ a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised lune 4,2012 ■ 005243-3 Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city,arising out of,or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act,omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or- unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY land CONTRACTOR. w 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,Fort Worth Division. CPrY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised June 4,2012 I 005243-4 Agreement Page 4 of 4 I 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. 1 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. I This Agreement is effective as of the last date signed by the Parties("Effective Date"). Con tor: City of Fort Worth (Fernando Costa) By: Assistant City Manager (Signa Date /a &M�E1t C) Attest: (Printed Name) M y er, City cretary p�®� 00D������ (Seal) Title: Lori C r &V $��0 Address: /0 076a Sc,dt i uGt' i $ M&C -26v�z °u o° ,d Date: 1-7-1•i 3 �°O00000°° 4.0`� QQ4��4 City/State/Zip: 11Ztd, r,.,n _ Q(�j ys�W 4D &O�Black s to Form and Legality: Date Assistant City Attorney 77L RECOMRWNDED: S.Frank Crumb,P.E. OFFICIAL R"ORIS DIRECTOR, CITY 11110 TARRY (Water Department) w CITY OF FORT WORTH Armstrong Ranch Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01951 Revised June 4,2012 a 00 61 13-t PERFORMANCE BOND Bond#6093876 Page 1 oft SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, American Suncraft Construction Co., Inc. ,known as "Principal"herein and Westfield Insurance Company ,a corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal Stem of, Nine hundred twenty five thousand five hundred and 00/100— Dollars ($ 925,500.00----------- ), lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the 29th day of January ,20_L3,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work, including any Change Orders,as provided for in said Contract designated as.Irmstrong Ranch Elevuted Storage Tank Z habilitation. Project,Yo. 01951. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work,including Change Orders,under the Contract,according to the plans, specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the City,then this obligation shall be and become null and void,otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. ■ CITY OF FORT WORTH Irmstrong Ranch ElchatedStwag�Tank Relrabriitution STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ;"rorect o.illJ i Revised July 1,2011 r s 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of Janua .2013 . PRINCIPAL: ■ American Suncat*Construction Co., Inc. BY: X Signature A ST: L--,� /yam� � ��� / �J r,/�Jct (Pr ncipal)Secretary Name and Title ■ Address: 10836 Schiller Road Medway, Ohio 45341 Witness as to Principal SURETY: s e" nsurance ompany BY: r Signature rr Anne Tierney, Attorney-in-Fact Name and Title Address: One Park Circle Westfield Center, Ohio 44251 itnes as to Surety Telephone Number: 513-985-9175 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. R CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 �,t ;fir � 4 0061 14-1 PAYMENT BOND Page 1 of 2 SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, American Suncraft Construction Co., Inc. known as "Principal" herein, and Westfield Insurance Company ' a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of the State of Texas,known as"City" herein, in the penal Sum of Nine hundred twenty five thousand five hundred and 00/100-- Dollars ($ 925,500.00 ), lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS,Principal has entered into a certain written Contract with City,awarded the 29th day of January , 20 13 which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Armstrong Ranch Elevated Storage Tank Rehabilitation, Project No. 01951. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH rr:nre < rudr;(A rc;;ed ,onrte i u;k R<hc trtrct:rr,r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 006114-2 PAYMENTBOND Page 2 of 2 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of January ,2013 PRINCIPAL: American Suncraft Construction Cn., Inr._ ATTEST: BY: Signature �Z�d4 r �4�.k (Principal)Secretary Name and Title Address: 10836 Schiller Road Medway, Ohio 45341 ■ v r 11�lJ� ,J� Witness as to Principal SURETY: ■ Westfield t surance Company 4 ATTEST: BY: J Z(17Y Signature Anne Tierney,Attorney-in-Fact (Surety)Secretary Name and Title Address: One Park Circle Westfield Center, Ohio 44251 fitness as to Sure Telephone Number: 513-985-9175 Note: if signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH frmsi,"r,,Ranch FleratedSiem-age Tank Re#abitirmia,' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 0061 19-1 '.MAINTENANCE BOND Page I of 3 SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we American Suncraft Construction Co., Inc. known as "Principal'herein and Westfield Insurance Company a corporate surety (sureties, if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the SUM Of Nine hundred twenty five thousand five hundred and 00/100 Dollars ($ 925,500.00 ), lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the 29th day of January ,20 13 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein, the"Work")as provided for in said contract and designated as Armstrong Ranch Elevated Storage Tank Rehabilitation,Project No.01951; and WHEREAS,Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the City ("Maintenance Period");and WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH n +nc n<er it;.rer..rttn. `tar:r[ r.r?&,: lr:rnr;tt::n m STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City,to a completion satisfactory to the City,then this obligation shall become null and void;otherwise to remain in full force and effect. PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond;and PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division;and PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries may he had hereon for successive breaches. CITY OF FORT WORTH Armsuronq Rwteh Elermed Storage Tank Rrhah&tanon STANDA RD CONSTRUC77ON SPECIFICATIONDOCUMENTS Project.h`o.01951 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of January .2013 PRINCIPAL: American Suncraft Construction Co., Inc. BY: Signature /770A t- . (Principal)Secretary Name and Ti Address: 10836 Schiller Road C�NCA � 1 y UAMedway,Ohio 45341 fitness as to Principal SURETY: Westfi 1 surance ompany BY: ignawre Anne Tierney,Aftomey-in-Fact A Name and Title Address: One Park Circle ( tire yet Westfield Center, Ohio 44251 Witness as to Surety Telephone Number: 513-985-9175 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Arntatmag Ranch Elerated Storm"Tank Rehabtlitansar STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Proiecr No.0195 Revised July 1,2011 Genera I POWER NO. 3401942 07 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a 'Company' and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County,Ohio, do by these presents make,constitute and appoint THOMAS D.CASSADY, LOUIS R. FISHER,THOMAS W. CHATHAM, PAULETTE M.AERNI,FRANK J. LECH, PAUL J. SCHUELER, JR., RICHARD A.DAVIS,ANNE TIERNEY, LINDA L HOGLE,JOINTLY OR SEVERALLY of CINCINNATI and State of OH its true and lawful Attorney(s)-in-Fad,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - •- • - - - - - - - - - - - - - . - - - - - - - -- - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fad may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity 8.Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached' (Each adopted at a meeting held on February 8,2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 21st day of JANUARY A.D.,2008 , Corporate {.•agyg,t�'•,y '�\oNat ,' • ,� WESTFIELD INSURANCE COMPANY Seal S (fixed `,...«••...off, ,,••�P..• Al. 5..•s!!?scr�; WESTFIELD NATIONAL INSURANCE COMPANY oftixed 14 .su tt�0}t o: ••.9 ?W'�:'' ••�' OHIO FARMERS INSURANCE COMPANY SEALca- �waTE�fo � �'y•••.`..ar��,.�, ;�'•. :.p;: ';��. 1848 ,?�_ � I1- State of Ohio ` "."a.+'" a By: County of Medina ss.: Richard L. Kinnaird, Jr., Senior Executive On this 21st day of JANUARY A.D.,2008 , before me personally came Richard L. Kinnaird, Jr. to me known,who, being by me duly sworn, did depose and say,that he resides in Medina, Ohio;that he is Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument:that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal Affixed ,gyp 2' A 9 • -� • William J. Kahelin, A rney at Law, Notary Public State of Ohio : N J Mf► p My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: ,y � �,.- TE �F O I,Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies,which is still in full force and effect:and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. ..uu In Witness Whereof, 1 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this [-�? Iday of A.D. ap �' S� to LL:,uc _[�T• z 'T,t11�TE11Ep?r'b c- Z~ '''' SEAL :M. i0: :- .7 PCrt! �;•. r� �? y:�, :, 1848 :g= Frank A.Carrino, ecret �' BPOAC2(combined) (06-02) eco CERTIFICATE-F LIABILITY INSURANCE DATE("M'D°IYYYY' 2/20/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsernent A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER NAME: DebrlBlUrn etf Cd. Brower Insurance Agency POL.E.1:513-707-5011 IV N,):513-707-5671 09 E.Monument Ave..Suite 400 E-MAIL Dayton OH 45402 ADDRESS. mm n . . INSURER($)AFFORDING COVERAGE NAIC# INSURERA. inConnat*hisumace-C=any 0677 INSURED AMERSBC INSURER 8Torus Specialty Insurance Co American Suncraft Construction, Inc. INSURER C: Boling Investments Limited INSURERD: 10836 Schiller Rd - Medway OH 45341 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1637858559 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. tLTR TYPE OF INSURANCE ADOLISUOR POLICY EFF POLICY EXP LIMITS LTR. M I POLICY NUMBER M � MMV GENERAL LIABILITY i I EACHOCCURRENCE— RENTED S i'COMMERCIAL GENERAL LIABILITY 1 PNREM SES(Ea occurrence) $ CLAIMS-MADE FIOCCUR I L MED_EXP(Anyomperson) f j ?PERSONAL&ADV INJURY $ i i GENERAL AGGREGATE 1$ GEN'L AGGREGATE LIMIT APPLIES PER: j PRODUCTS-COMP/OP AGG S POLICY PRo LOC Ernp.Benefits 51,000,000 A AUTOMOBILE LIABILITY EPP0174510 /1/2013 /12014 Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per aaiderrt) S ! - NON-OVMJED i PROPERTY DAMAGE f i HIRED AUTOS AUTOS I Peraccident i $ B UMBRELLALIAB IX OCCUR 31164C130ALI M2013 /1/2014 EACH OCCURRENCE $4,000,000 X1 fl EXCESS LIAB CLAIMS-MADE AGGREGATE S _ DED REfENTiON$0 r $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ER ANY PROPRIETORIPARTNEWEXECUTrVEE.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? NIA - (Mandatory M NH) E.L.DISEASE-EA EMPLOYEE$ r yea,describe under DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks ScMduia,■mora space Is required) City of Forth Worth and Tank Industry Consultants Project:Armstrong Ranch Elevated Tank CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St, Fort Worth TX 76102 AUTHORED REP/ N RESENTATE L 4 4 > ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revised:November 9,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1—Definitions and Terminology........................................................................................................1 1.01 Defined Tams....................................................................................................... ....................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................:...............................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules............................................................. .....................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent.............................................................................................................................................8 3.02 Reference Standards.......................................................................... ..........................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 *' 4.06 Hazardous Environmental Condition at Site..................................................... ......14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds......................... ...16 ........................................... 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 i 6.02 Labor;Working Hmus............ ........ ....... ..........................................................................20 6.03 Services,Materials, and Equipment........................y.................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals"........................................................................................::=.x:.......21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates......................................:`.....................................................:..,.................................25 i 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations..................................................................... . ........................................27 a 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 Article 7-Other Work at the Site...............................................................r.......,..........................................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................................................... ........... .......... .........f...................................36 8.06 Inspections,Tests,and Approvals........................................................... 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project 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 Cr1Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 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.......................................................................................-.-.i 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 Work..........................................................................................................................44 11.04 Plans Quantity-Measurement.......................................................:..............................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price.............................................................................................................46 12.02 Change of Contract T'une............................................................................................................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 Convection or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization.......:............... .......55 .......................................................................................... 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work............................................................... ...................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Reused November 9,2011 Article17—Miscellaneous............................................................................................................................62 17.01 Giving Notice............................................................................................................................62 17.02 Computation of Times..................................................................r.............................................62 � 17.03 Cumulative Remedies................................................................. .................................. ..........62 17.04 Survival of Obligations... . .. ...................................................................................................63 17.05 Headings.........................................................................................r.::.........................................63 ■ ■ MI CITY OF FORT WORTH ■ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 00 7200-1 GENERAL CONDITIONS Pagel of 62 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics,but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 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. Bic-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. Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. _ CITY OF FORT WORTH STANDARD MNSTRUC ION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-2 GENERAL CONDITIONS Page 2 of 62 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 Chatter 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 SPECIFICATION DOCUMENTS Revised:November 9,2011 00 72 OD-3 GENERAL CONDITIONS Page 3 of 62 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. 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 SPECIFICATION DOCUMENTS Revised:November 9,2011 h 007200-4 GENERAL CONDITIONS Page 4 of62 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. t 46.Notice of Awards--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 w Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil,petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans–See definition of Drawings. CITY OF FORT WORTH ,r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 4,2011 A 007200-5 GENERAL CONDITIONS Page 5 of 62 51.Project Schede A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the-activities VOmprising 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 Howl – 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 famished 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. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-6 GENERAL CONDITIONS Page 6 of 62 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 1.02.B through E are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-7 GENERAL CONDITIONS Page 7 of 62 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 actiorr 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, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean famishing and incorporating in the Work including all necessary labor,materials,equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—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 bf 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 OONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-8 GENERAL CONDITIONS Page 8 of 62 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 SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-9 GENERAL CONDITIONS Page 9 of 62 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. a 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 Crit OF FORT WORTH Mk)s M pPD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-10 GENERAL CONDITIONS Page 10 of 62 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. - 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard,specification,manual,or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies,figured dimensions shall govern over scaled dimensions,Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or �- other documents-(or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications,other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. ., CITY OF FORT WORTH ..d STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-11 GENERAL CONDITIONS Page 11 of 62 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of-the-Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-0f--way, and/or easements. Any outstanding right-0f--way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way,and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request,City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH ST&NDARD ODNSTRUCTION SPECIFICATION DOCUMENTS Revised:Novemba 9,2011 00 72 00-12 GENERAL CONDITIONS Page 12 of 62 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment_ 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating -to existing surface or subsurface structures at the Site(except Underground Facilities)_ B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, ' directors,members,partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not ■ limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto;or ■ 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or ■ 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to ' rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or ' 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and • generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-13 GENERAL CONDITIONS Page 13 of 62 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith-(exrept in an emergency as required by Paragraph 6.17A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if. 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site;or 3. Contractor failed to give the written notice as required by Paragraph 4.03 A. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others;and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City,during construction;and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before fiuther disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC'UNENIS Revised-November 9,2011 00 72 00-14 GENERAL CONDITIONS Page 14 of 62 Work in connection therewith (except in an emergency as required by Paragraph 6.17A), identify the owner of such Underground Facility and give notice to that Owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. ■ 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees,agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 Mn00-15 GENERAL CONDITIONS Page 15 of 62 construction to be employed by Contractor and safety precautions and programs incident thereto;or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor,Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i)secure or otherwise isolate such condition;(ii)stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by i� Paragraph 6.17.A);and(iii)notify City(and promptly thereafter confirm such notice in writing). L City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To thefullest extent permitted by Laws and Regulations, Contractor shall indemni and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by arryone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revisod November 9,2011 ■ 00 72 00-16 GENERAL CONDITIONS Page 16 of 62 r ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance,Payment, and Maintenance Bonds r A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. ■ C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations,and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. E D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall,within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested ' by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECffICAT[ON DOCUMENTS Revised:November 9,2011 00 72 00-17 GENERAL CONDITIONS Page 17 of 62 2. The Contractor's general liability insurance shall include a, "per project" or "per,location", endorsement,which shall be identified in the certificate of insurance provided to-the-Qty. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the"occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period,whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage,nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders` equity. In CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011