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HomeMy WebLinkAboutContract 44273 CITY SECRETARY CONTRACT NO. �! FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Eastwood Elevated Tank Rehabilitation Project City Project No.01949 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: Kellogg Brown and Root Services, Inc. ISSUED FOR BID This document is released for the limited purposes noted herein under the authority of Troy R. Hotchkiss,TX PE 83289 of Kellogg Brown&Root Inc.,F-2397 on September 27th,2012. These documents are issued for bidding purposes only and are not intended for construction OF17L RECORD CITY SECRETARY RECEIVED MAR 11 205 FT.WOitTH�TX Aaw� FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Eastwood Elevated Tank Rehabilitation Project City Project No. 01949 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: Kellogg Brown and Root Services, Inc. ISSUED FOR BID This document is released for the limited purposes noted herein under the authority of Troy R.Hotchkiss,TX PE 83289 of Kellogg Brown&Root Inc.,F-2397 on September 27th,2012. These documents are issued for bidding purposes only and are not intended for construction FORTWORTH AM, Eastwood Elevated Tank Rehabilitation Project City Project No. 01949 October 2012 Civil Engineer Kellogg Brown and Root Services,Inc. Texas registered Engineering Firm No 2397 f* '*� p.......................... 1807 Ross Avenue, Suite 450 / TROY R.HOT Dallas,Texas 75201 yi 83289 ��'•��. s t ER k \ r 0000 00-1 TABLE OF CONTENTS Page 1 of 2 An%. 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 0045 16 Statement of Qualifications 16 00 45 26 Contractor Compliance with Workers'Compensation Law 17 00 45 39 Minority and Women Business Enterprise Goal 18 00 45 39 MBE Good Faith Effort Form 19 00 45 39 MBE Joint Venture 20 00 45 39 MBE Prime Contract Waiver Form 21 00 45 39 MBE Special Instruction to Bidders 22 00 45 39 MBE Subcontractor-Supplier Utilization Form 23 00 52 43 Agreement low, 24 0061 13 Performance Bond 25 0061 14 Payment Bond 26 0061 19 Maintenance Bond 27 0061 25 Certificate of Insurance 28 00 72 00 General Conditions 29 007300 Supplementary Conditions 30 31 Division 01 -General Requirements 32 01 11 00 Summary of Work 33 01 2500 Substitution Procedures 34 01 31 19 Preconstruction Meeting 35 01 31 20 Project Meetings 36 01 32 16 Construction Progress Schedule 37 01 3300 Submittals 38 01 4523 Testing and Inspection Services 39 01 5000 Temporary Facilities and Controls 40 01 6600 Product Storage and Handling Requirements 41 01 7423 Clearing 42 01 77 19 Closeout Requirements 43 01 7839 Project Record Documents 44 45 46 47 48 49 CF1rY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 2 Technical Specifications 3 4 Division 05—Metals 5 05 50 00 Metal Fabrications 6 05 50 00.01 Steel Water Tank Repair 7 8 Division 09—Finishes 9 099946 Coatings for Water Storage Tanks 10 11 Division 26—Electrical 12 26 05 00 Common Work Results for Electrical 13 26 05 53 Identification for Electrical Systems 14 15 Division 35—Lead Abatement 16 TS-35 Lead Abatement 17 18 Appendix 19 Project Construction Plans—Cover Page and Plan and Detail Sheets 20 Preliminary Evaluation and Assessment Report—Eastwood Elevated Storage Tank 21 GG 4.06 Hazffdeus BaN4eameatal Geedifien at Site 22 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 23 GC-6.07 Wage Rates 24 25 26 27 END OF SECTION CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised November 9,2011 M&C Review Page 1 of 2 Olf dal site of the City or Fort Worth,Texas IVoRyu CITY COUNCIL AGENDA FORT COUNCIL ACTION: Approved on 1/2912013 DATE: 1/29/2013 REFERENCE C-26080 LOG NAME: 60EASTWOOD ELEVATED NO.: STORAGE TANK REHAB CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Contract with American Suncraft Construction Co., in the Amount of$1,099,750.00 for the Eastwood Elevated Storage Tank Rehabilitation Project, Located at 4256 Strong Avenue (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with American Suncraft Construction Co., in the amount of$1,099,750.00 for the Eastwood Elevated Storage Tank Rehabilitation Project, located at 4256 Strong Avenue. DISCUSSION: The Eastwood 1.5 million gallon elevated storage tank was constructed in 1952. The last coating rehabilitation of the tank occurred in 1998. Recent inspections have revealed some stnactural damage of the tank resulting from failed coatings and associated corrosion of the structural steel. 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 Kellogg Brown& Root Services, Inc.,for the Eastwood elevated storage tank rehabilitation project. On July 17,2012, (M&C C-25736)the City Council authorized execution of an engineering Agreement with Kellogg Brown & Root Services, Inc.,for the design and preparation of contract documents for the recoating and structural repairs of the Eastwood elevated storage tank. The project was advertised on October 25, 2012 and November 1, 2012 in the Fort Worth Star- Telegram. On November 29, 2012, the following seven bids were received: BIDDER 11BIQ AMOUNT ICONTRACT American Suncraft Construction Co. 1 1$1,099,760.00 1150 calendar days N.G. Painting, L.P. $1,157,500.00 Blastco Texas, Inc. $1,232,350.00 L.C. United Painting Company, Inc. $1,301,750.00 A&M Construction $1,445,250.00 Classic Protective Coatings, Inc. $1,475,448.00 TMI Coatings, Inc. 1 $1,550,900.00 American Suncraft Construction Co., is in compliance with the C'tty's BDE Ordinance by committing to nine percent MBE participation. The City's goal on this project is nine percent. The project is located in COUNCIL DISTRICT 5. FISCAL INFORMATIONICERTIFICATION: http://apps.cfwneLorg/council_pwkettmc_review.asp?IID=17945&councildate=1/29/2013 - 1/30/2013 I M&C Review Page 2 of 2 The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund. TO FundiAccountlCenters FROM Fund/Account/Centers P253 541200 605180194980 $1.099,750.00 Submitted for City Manager's Office by: Fernando Costa(6122) Originating Department Head: V. Frank CrumLJ I (8207) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60 Eastwood Elevated Storage Tank Rehab MAP.pdf t owl" http://apps.cfwnet.org/council_packet/mc review.asp?ID=17945&councildate=l/29/2013 1/30/2013 CITY OF FORT WORTH,TEXAS 0001, 1.5 MG EASTWOOD ELEVATED STORAGE TANK REHABILITION CITY PROJECT No.01949 ADDENDUM No. 1 NOVEMBER 21,2012 00 05 015 ADDENDUM No.1 The following additions, deletions,modifications,or clarifications shall be made to the appropriate sections of the Contract Documents.Bidders shall acknowledge receipt of the Addendum on the bid form. Failure to do so may subject bidder to disqualification. OF Oil ##x. TE;±OY.R HOTCHKiSS� t�a� .� 832$9 V 0I+IAL ISSUED FOR BID This document is released for the limited purposes noted herein under the authority of Troy R Hotchkiss,TX PE 83289 of Kellogg Brown&Root Inc.,F-2397 on November 16,2012. These documents are issued for bidding purposes only and are not intended for construction KELLOGG BROWN&ROOT TEXAS REGISTERED ENGINEERING FIRM F-2397 CITY OF FORTH WORTH ADDENDUM No. 1 EASTWOOD ELEVATED STORAGE TANK REHBILITATION PROJECT No.01949 - - - - TECHNICAL SPECIFICATIONS r Al-1 Section 05 50 00.01 Reference Page: 3.7 Repairs and Additions,F. Modification:Modify 05 50 00.01 Steel Water Tanks Repair,3.7 Repairs and Additions,F., second paragraph,by DELETING"New ladders shall be installed after oating..."with the "New ladders shall be installed before coating..." A1-2 Section 05 50 00.01 Reference Page:3.7 Repairs and Additions,H Modification: Modify 05 50 00.01 Steel Water Tanks Repair,3.7 Repairs and Additions,H. by DELETING the last sentence and REPLACING with the following: "Handrail and components shall be TUFRAIL,as manufactured by Thompson Fabricating, LLC(Birmingham,Alabama)or an approved equal Railings shall be I M"Schedule 40 aluminum pipe alloy 6105-TS,ASTM-B-429 orASTM-B-221. Post shall be 1 M"Schedule 40 aluminum pipe of the same alloy.Post spacing shall be a maximum of 6'-0 AI-3 Section 05 50 00.01 Reference Page: 3.7 Repairs and Additions,I.. Modification:Replace 05 50 00.01 Steel Water Tanks Repair,3.7 Repairs and Additions,O., second and third sentences in tiic"u entire-e�y with the following: "New washdown line shall be 4 inch carbon steel and painted per interior coating SPECIFICATION 09 99 40. The washdown line shall be coupled together using carbon steel fittings fabricated from material meeting the requirements ofASTMA-240." BID PROPOSAL A14 Section 00 42 43 Bid Proposal Reference Page: Bid Proposal,Bid Item No 7 Modification: Replace Section 00 42 43 Bid Proposal Bid Proposal,Bid Item Numbers 7 and 23 with the following: 05 50 00 7 Furnish a 30" roof vent and handrail, labor, equipment and 0550 LS 1 appurtenances,complete in place. 00.01 05 50 00 23 Furnish all materials, labor,equipment and appurtenances 0550 LS 1 to repair over flow valve. 00.01 See new Bid Form Attached hereto. CITY OF FORTH WORTH ADDENDUM No. 1 EASTWOOD ELEVATED STORAGE TANK REHBILITATION - PROJECT No.01949 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 /r` 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of the Eastwood Elevated Storage Tank Rehabilitation Project 5 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth, Texas 76102 11 12 until 1:30 PM CST, Thursday,November 29, 2012, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the (approximate) following: structural repairs and removal of 17 existing interior and exterior paint systems,tank rehabilitation and application of new interior and 18 exterior paint systems of a 1.5 million gallon welded steel elevated storage tank, located at 4256 19 Strong Avenue,Fort Worth, TX 76105. 20 21 PREQUALIFICATION 22 The improvements included in this project must be performed by a contractor who has been pre- 23 qualified to bid this project by the City prior to the bid opening. The procedures for qualification �. 24 and pre-qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. 25 26 DOCUMENT EXAMINATION AND PROCUREMENTS 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 28 of Fort Worth's Purchasing Division website at h2p://www.foltu,ol-thgov.ora/I2urchasiniz/and 29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 30 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 31 suppliers. 32 33 Copies of the Bidding and Contract Documents may be purchased from Kellogg Brown and Root 34 Services, Inc., located at 100 E. 15th Street,Fort Worth TX 76102, 817-885-8054, attention Mr. 35 Troy Hotchkiss. 36 37 The cost of Bidding and Contract Documents is: 38 Set of Bidding and Contract Documents with half size drawings: $150.00 39 40 PREBID CONFERENCE 41 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 42 BIDDERS at the following location, date, and time: 43 DATE: November 13, 2012 44 TIME: 10:00 AM 45 PLACE: South Holly SCADA Conference Room, 1500 11`h Avenue,Fort Worth 46 47 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 48 City reserves the right to waive irregularities and to accept or reject bids. 49 CITY OF FORT 1:'ORT11 Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Chris Harder,PE, City of Fort Worth Water Department 4 Email: Christopher.Harder@fortworthgov.org 5 Phone: 817-392-8293 6 AND/OR 7 Atte: Troy Hotchkiss,PE 8 Email: Troy.Hotchkiss@KBR.com 9 Phone: 214-659-8404 10 11 ADVERTISEMENT DATES 12 October 25,2012 13 November 1,2012 14 15 END OF SECTION AIN CITY OF FORT WORTH Eastwood Elevated Storage;Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Pagel of 9 /t=,' 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Special Prequalification of Bidders(Prime Contractors) 33 34 3.1.All Bidders are required to be prequalified for this project prior at least 7 days prior to the 35 bid opening. Bids received from contractors who are not prequalified(even if 36 inadvertently opened)shall not be considered. 37 38 3.2.Each Bidder shall submit to City within seven(7)calendar days prior to Bid opening, the 39 documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 40 41 3.2.1. Submission of and/or questions related to prequalification should be addressed to 42 the City contact as provided in Paragraph 6.1. 43 44 CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s) for a project to submit such additional information as the City, in its sole 3 discretion may require,including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project,and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information,a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information,if requested,may be grounds 10 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification,additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 3.5.Special qualifications required for this project will be based on a company financial 17 evaluation,company historical schedule compliance,evaluation of proposed project 18 manager and project superintendent, and company work history. 19 20 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 21 22 4.1.Before submitting a Bid,each Bidder shall: 23 24 4.1.1. Examine and carefully study the Contract Documents and other related data 25 identified in the Bidding Documents(including"technical data"referred to in 26 Paragraph 4.2.below).No information given by City or any representative of the 27 City other than that contained in the Contract Documents and officially 28 promulgated addenda thereto,shall be binding upon the City. 29 30 4.1.2.Visit the site to become familiar with and satisfy Bidder as to the general,local and 31 site conditions that may affect cost,progress,performance or furnishing of the 32 Work. 33 34 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 35 progress,performance or furnishing of the Work. 36 37 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 38 contiguous to the Site and all drawings of physical conditions relating to existing 39 surface or subsurface structures at the Site(except Underground Facilities)that 40 have been identified in the Contract Documents as containing reliable"technical 41 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 42 at the Site that have been identified in the Contract Documents as containing 43 reliable "technical data." 44 IMIK. CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 AM` 1 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will famish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents.No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.6. Perform independent research,investigations,tests,borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request,City may provide 13 each Bidder access to the site to conduct such examinations,investigations, 14 explorations, tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations,investigations,tests and studies. 17 18 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation,research,tests,explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually A�' 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of. 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures (except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder ` 2 on request. Those reports and drawings may not be part of the Contract 3 Documents,but the "technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any"technical data" or 7 any other data,interpretations,opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques,sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents,(iii)that Bidder has given City written notice of all 15 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and filrnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 23 biphenyls(PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 25 Documents. A�4 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 .d% CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 t 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda Will be binding. Oral and other 7 interpretations or clarifications will be Without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throck morton Street 13 Fort Worth, TX 76102 14 Attn: Chris Harder, Project Manager 15 Email: Christopher.Harder@fortworthgov.org 16 Phone: 817-392-8293 17 18 AND/OR 19 Attn: Troy Hotchkiss, PE 20 Email: Troy.Hotchlciss@KBR.com 21 Phone: 214-659-8404 22 23 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 24 City. 25 �► 26 6.3.Addenda or clarifications may be posted via Buzzsaw. 27 28 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 29 INVITATION TO BIDDERS. Representatives of Citywill be present to discuss the 30 Project. Bidders are encouraged to attend and participate in the conference. City Will 31 transmit to all prospective Bidders of record such Addenda as City considers necessary 32 in response to questions arising at the conference. Oral statements may not be relied 33 upon and Will not be binding or legally effective. 34 35 7. Bid Security 36 37 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 38 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 39 the requirements of Paragraphs 5.01 of the General Conditions. 40 41 7.2.The Bid Bond of all Bidders Will be retained until the conditions of the Notice of Award 42 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 43 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 44 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 45 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 46 other Bidders whom City believes to have a reasonable chance of receiving the award 47 will be retained by City until final contract execution. 48 CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which,or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. As indicated and defined in the Bid Form,substantial completion shall be 6 achieved on this project within 120 calendar days from the effective date of the notice to 7 proceed. Final Completion shall be achieved within 150 calendar days from the effective 8 date of the notice to proceed. 9 10 9. Liquidated Damages 11 Provisions for liquidated damages are set forth in the Agreement and defined in the bid Form. 12 Due to the criticality of the Eastwood Elevated Storage Tank to the Fort Worth water system, 13 liquidated damages have been set at$500 per calendar day for both substantial and final 14 completion. 15 16 10. Substitute and "Or-Equal" Items 17 The Contract,if awarded,will be on the basis of materials and equipment described in the 18 Bidding Documents without consideration of possible substitute or"or-equal'items. 19 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 20 equal'item of material or equipment may be furnished or used by Contractor if acceptable to 21 City,application for such acceptance will not be considered by City until after the Effective 22 Date of the Agreement. The procedure for submission of any such application by Contractor 23 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 24 Conditions and is supplemented in Section 0125 00 of the General Requirements. 25 26 11. Subcontractors, Suppliers and Others 27 28 11.1. In accordance with City Ordinance No. 15530(as amended),the City has goals for 29 the participation of minority business and women business enterprises in City 30 contracts.A copy of the Ordinance can be obtained from the Office of the City 31 Secretary. The Bidder shall submit the MBE/WBE Utilization Form, 32 Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or 33 Good Faith Effort Form(with"documentation)and/or Joint Venture Form as 34 appropriate. The Forms including documentation must be received by the City no 35 later than 5:00 P.M. CST, five(5)City business days after the bid opening date.The 36 Bidder shall obtain a receipt from the City as evidence the documentation was 37 received. Failure to comply shall render the bid as non-responsive. 38 39 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 40 or organization against whom Contractor has reasonable objection. 41 42 12. Bid Form 43 44 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 45 obtained from the City. 46 CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 A001 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words 'No Bid," 5 'No Change," or'Not Applicable"may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number, Project title, the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Easm,00d F,levated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Project No.01949 Revised July 1,2011 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids.After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CrrY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a A01W 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in Writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds,Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.0 194 9 Revised July 1,2011 00 41 00 BID FORM Page 1 of a SECTION 00 4100 BID FORM TO: The City Manager do:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Eastwood Elevated Storaoe Tank Rehabilitation Proiect City Project No.: City Project No.01949 1. Enter Into Agreement The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terns and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1.In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3.Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual Or en* and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5.Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6.Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a."corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b."fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. C."collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,noncompetitive levels. d."coercive practice"means harming or threatening to harts,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract CITY OF FORT vvoRTI1 STANDARD OONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Fomm SR_trh 20121014ada OD 4100 BIC FORM POP2015 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors: a.�List work type here oc space-,__ b.'E rei WnL'k here a.ust work type gere.or space --- 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 Proosed. 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 es to liquidated damages in the event of failure t0 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 respecively,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 Form,Section 00 41 00 b/�iequired Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of v the General Conditions. -f1roposal Form,Section 00 42 43 W Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e.MWBE Forms(optional at time of bid) te"C onflic of Interest Affidavit,Section 00 3513 'if necessary,CIO or CIS fors are to be provided directly to City Secretary j(Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder wd complete the Work in accordance with the Contract Documents for the following bid amount In the space provided below,please enter the total bid amount for this project Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. AWN, CITY OF FORT WORTH STANDARD CONSTRUCTION ePECFICATION DOCUMENTS B'd Forms SR lrti 20121014.�ds Forth RMsed 20!2«327 - - - - - - OD 41 W BID FORM Page 2 of 8 8.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> Total Base Bid<use this if applicable,otherwise delete Alternate Bid<use this if applicable,otherwise delete> Deductive A@emate<use this if applicable,otherwise delete> Additive Alternate<use this if applicable,otherwise delete> Total Bid 7. Bid Submittal �z� This Bid is submitted on;' T 1 ih'jjay,Year T_ by the entity named below. Res submitted, Receipt is acknowledged o the following Addenda Initial By 1 Addendum No.1: IZ OM (Signature) Addendum No.2: O�/ P y Addendum No.3: PrtnEAv_mg Here _,� Addendum No.4: (Printed Name) Title:" i I OOd4r ' tImPAOPOSAL Pose 1 all I SECTION 004243 4 ADDENDUM NO 1-PROPOSAL FORM UNIT PRICE BID Bidder's Application Pr*cL Item hdormation 81ddt is ftvosos Wdlist Sperm oa Linka Item No. DesulplttMt Section No. Measure Bid Quatt6ty Unit Pdce Bid Vague 1 ContrrctorMobtTvafion and Demobilizzlion All LS 1' Fvtnlsh all malarhis,labor,egriiPmert and apprcdananas totag � t QQ 2 surface preparation not accomplished by Ilan 4 below and the AO Ls 1 z1p7 � r co recoati of the tank erdetar,court to in t Furnish all materials,labor,equipment and appurtenances for all 3 surface preparation not accomplished by Item 4 below and the All LS .1 1?15SoD. 175,sm Do comDlete tecoatina of the tank Inferior,cmn tete fn Furnish all materials,labor,enWoruneMal rwnlrols,po 9r, 4 preventmn.equipment and appurtenances for Ota removal of all lead TS-35 I' 4 A+00. 72191'00. based eaa5ngs In sceordance wilt al FPA.OSHA andTCE@ 099940 j 1' r 1 d standards,complete. )n 5 Furnish all materials,labor.equipmentand appurtermncesfor 048940 LS 1% 12,000.0d 1 g,Q�. dehumidificalonof4etai*Interior,eorn etein lam. Furnish all materials.labw,egWpment wW appurtenances forthe 6 removal of e)Mng coalfrip,surface preparation and recodna of au 099940 LS 1 telecom sup bcackels erid angles.nom leba in place, Furnish a 30'roof vent and handrail labor.equipment and O5 SO 00 Tores,cam ate in lace. 0550 00.01 1. !g��.cc �g'900.� Furnish all matelots,tabor.equiprrentand appwtrtenarrees for 2 vow OS SO OD e mot hatches,c0 tein plam 055000.01 LS i !3,$®x,00 13,8o0.Op Furnish all materials,Who,equipment and appurtenances to replan 9 the eAsft dw&e obslruclionwarning llghk n Snduding controls ols and 065000,01 LS 1 '7.goo.oC 11,S 00.00 wid oom tete in place. 10 Fumish all materiels.labor•equipment and appurtenances for arrow 05 s0 00LS �! , overtrowweirca and dam .completein 05 SO OM rwZ.DO• a?-00.00 Fumish all materials,Leber,equipment and appurtenances to replace 05 SO 00 1l all ladders wlhAWWA-mmprantladders,includhl;safety dimb 055000.01 LS 1 devices as manufactured by North Siderty Products,complete In place Furnish all materials.labor,equipment and appurtenances for new OS so 00ff 6,S00.001 � 12 railings at the three ladder landings,and lop of tank shown as shoin 0550 00.01LS 1 tP, .00 ID,S Dd.0 G drawinas.corn letein Place. Fumish all materials,labor,equipment and appurtenances to prWas 13 electric,automa0cfreezeprntechonto the new wash down lore,drain 055000.01 IS � 7 ),zoo.b 1,7—00.0 Valvas completela 1119ce. Fumhh all matetift lobo,equipment and appmtonances t0 remove and replace the roof support system,rafters.and three support Muust) rings The outer ring Is connected tolhe intermediate ring by appmbmaW 30 rafters,all rafters are L4xt 2 structural shapes, replace col IAx4xl2 structung shapes.Replace inside ring ra0ars 14 shall be replaced.Apprwdmetely 119 of the outside Imudde down 0CLS S50 so O1 LS rafters require replacement All connections shah be welded_The number.size and connection demos of the roof members shall be designed In accordance with AVMA D-100 by a professional engineerregistered the State of7exas. Members shall be taftrkated and el"ed perAWWA 0100. ! 15 Furnish all materials,labor,equipment and appurlarrances to remove OSSO 00 FA 10 1 ty 00.04 ODIand w knucide dawn rafters eta in ee. 05 50 00.01 .��. Furnish all materials,labor.equipment and appurtenances to pwfomt 16 cor Msion repairs,up to 6 inches in diarneler,and cathodic system OS 50 Ob FA 200 5j0.p hole corm in lace 05 60 OD.D1 �} Da •�0 17 Furnish an materials,labor.equipment and appnrtenattcas to perform d5 5000 Q 5 weldingrn lmcom in ace. 055000.01 100CIS•0(� D, 16 Furnish all materia,labor,equipment and appu toces m M os 50 00 ten EA 2pD $.O0 1 U 00.Q shallow ft with epww,complete In piam 05 50 00.01 aryarpolavrMM SWIDA9DC41A1AUCl90 $111mtATMDOCLIM S ADDEHDLJNNOI I ` BidFoms9Alrll3lll6sTft 1 � I ij 004241 amM>bSAL Paa2e[2 SECTION 00 42 43 ADDENDUM NO 1-PROPOSAL FORM UNIT PRICE BID Bidder's Application Projaet Item Infnmralion Bidders Proposal Bidlist Desctiptlott Spe !�!�:�, Jr. o Bid Ouanft Unit Price Bid Yahre lLem No. Section No. Measure 1 19 Furnish a0 materials,tabor,equipment and appurtenances toerform 065000 seam weidm comoletein face. p 05 so 00.07 LF 50 go.w 4,cco.O 20 Fumiah an materials,labor,equipment and appurtenances to perform 055000 FA 160 deea itwelft ,comvlefe in plame. 055o 00.01 20.oo 2.roocl.c 21 Famish all materials labor.equipment and appurtenances to replace OS 5000.01 1' 6 (.-S00.00 e)ddng 4 inch washdown s suppod brackets and valves 22 Fumish al materials,tabor,equipment and appurtenances to 099940 LS 1, 7-poo. a, 2,000.o co disiniect wk priorto completion. 4900.0t)/I 23 Furnish all materials,labor,equipment and appurle=ces to repair 056000 1 9 00.0c 't 9 00•o overflow valve. 05 50 00.01 Bid Summary Base Bid ( 0 9 9 —15 0 . 00 i ' I Total Base Bid Alternate Bid I Total Alternate Bid Deductive Alternate Bid Total Dedactiva Alternate Bid Wdivo Aitemata Bid TTotafiAMtive Alternate Bld j Total Bid I ' A I CaYOFFoxrttro8s8 stAWARD COh3TM=CN stsaetcMM notUMVM - AODDtOt$ri NO I Yd Fo=z E A 20ult t4slsr OD 43 37 VENDOR COMPLVINCE TO STATE LAW Pope 7 of 8 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 io bidder,nonresident bidders(out-of-state contractors whose b 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 tower 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 16 Here or-Lbak.i,our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. �(� , Nonresident bidders in the State of Z6;e?i ie�T$lank;,our principal place of business, are not required to underbid resident bidders. B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. ❑ BIDDER: � T�) 1 ^U` 1 Company Name Here By.Printed Name Here Address Here Tx' CIL-,- Address Here or Spaces (Signature) City,State Zip Code Here ��. (�,Y-, Title:Title Here fc)83(o > C" _ 2d AA „ Date: ! I 112 END OF SECTION Awk CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm RM+etl 20110627 _ _ _ _ _ &tl Forms SR tm 20t2t0uxls _ _ 004511-1 BIDDERS PREQUALIFICATIONS Pagel of 3 �� 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary: All contractors that have not been preapproved by the City are required to be 5 prequalified for this specific tank rehabilitation project by the City prior to submitting bids. 6 To be eligible to bid the contractor must submit the required prequalification paperwork 7 within the time stipulated, and be approved by the City prior to the bid opening. 8 a. Previous Prequalification for Tank Rehabilitation Projects 9 (1) The City shall recognize general contractors that were previously pre- 10 qualified in 2012 for water storage tank rehabilitation projects, which 11 includes the following list 12 1. Blastco Texas, Inc. 13 2. Classic Protective Coatings, Inc. 14 3. N.G. Painting,L.P. 15 16 Prequalification information must be submitted to the designated City Project Manager at 17 least seven(7) days prior to the date of the opening of bids. In order to expedite and facilitate 18 the approval of a Bidder's Prequalification Application,the following records must 19 accompany the submission: 20 b. FINANCIAL-A complete set of current audited or reviewed financial statements. 21 (1) Classified Balance Sheet 22 (2) Income Statement 23 (3) Statement of Cash Flows AIM, 24 (4) Statement of Retained Earnings 25 (5) Notes to the Financial Statements, if any 26 c. EXPERIENCE—For an experience record to be considered to be acceptable, it must 27 reflect the experience of the firm in performing elevated water storage tank 28 rehabilitation projects that include lead paint abatement. Experience must be on 29 projects that were completed no more than five years prior to the bid date. A 30 minimum of three references must be included. References must include a contact 31 person,telephone number,project name,painting system applied,total cost, and type 32 of work performed. 33 d. EQUIPMENT—The prospective bidder shall list the equipment that the Contractor 34 has available for the project and list the equipment that the Contractor will rent as 35 may be required to complete the project. 36 e. PERSONNEL AND SCHEDULE: The prospective bidder shall submit the names 37 and resumes for the proposed project manager and project superintendent. This 38 information shall include a list of all projects that the proposed project manager and 39 project superintendent completed within the last five years to demonstrate ability to 40 complete complex tank rehabilitation projects in a timely manner. Provide list of 41 contact persons(preferably field inspectors or resident engineers)with names and 42 phone numbers. 43 f ORGANIZATION: A certified copy of the firm's organizational documents 44 (Corporate Charter,Articles of Incorporation,Articles of Organization, Certificate of 45 Formation, LLC Regulations, Certificate of Limited Partnership Agreement). CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 g. TAX INFORMATION: The firm's Texas Taxpayer Identification Number as issued 2 by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer 3 Identification number visit the Texas Comptroller of Public Accounts online at the 4 following web address www.window.state.tx.us/taxpermit/and fill out the 5 application to apply for your Texas tax ID. 6 7 2. Prequalification Financial Statement Requirements 8 a. Financial Statements. Financial statement submission must be provided in 9 accordance with the following: 10 (1) The City requires that the original Financial Statement or a certified copy 11 be submitted for consideration. 12 (2) To be satisfactory,the financial statements must be audited or reviewed 13 by an independent, certified public accounting firm registered and in 14 good standing in any state.Current Texas statues also require that 15 accounting firms performing audits or reviews on business entities within 16 the State of Texas be properly licensed or registered with the Texas State 17 Board of Public Accountancy. 18 (3) The accounting firm should state in the audit report or review whether 19 the contractor is an individual, corporation,or limited liability company. 20 (4) Financial Statements must be presented in U.S. dollars at the current rate 21 of exchange of the Balance Sheet date. 22 (5) The City will not recognize any certified public accountant as 23 independent who is not,in fact,independent. 24 (6) The accountant's opinion on the financial statements of the contracting 25 company should state that the audit or review has been conducted in 26 accordance with auditing standards generally accepted in the United ` 27 States of America.This must be stated in the accounting firm's opinion. 28 It should: (1)express an unqualified opinion,or(2)express a qualified 29 opinion on the statements taken as a whole. 30 (7) The City reserves the right to require a new statement at any time. 31 (8) The financial statement must be prepared as of the last day of any month, 32 not more than one year old and must be on file with the City 16 months 33 thereafter,in accordance with Paragraph 1. 34 (9) The City will determine a contractor's bidding capacity for the purposes 35 of awarding contracts.Bidding capacity is determined by multiplying the 36 positive net working capital(working capital=current assets—current 37 liabilities)by a factor of 10.Only those statements reflecting a positive 38 net working capital position will be considered satisfactory for 39 prequalification purposes. 40 (10) In the case that a bidding date falls within the time a new financial 41 statement is being prepared,the previous statement shall be updated with 42 proper verification. 43 44 3. Lead Abatement Prequalification Experience Requirements(SSPC Qualification 45 Procedure No. 2-Standard for Evaluating Painting Contractors) 46 a. General Requirements 47 (1) Pre-Qualification process rates three areas: 48 1. Management of Hazardous Coating Removal; 49 2. Technical Capabilities;and 50 3. Personnel Qualifications and Training CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.0 194 9 Revised July 1,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 A00s' 1 (2) This qualification requirement addresses the removal of coatings 2 containing lead. However, if other hazardous materials or metals are present 3 in the abrasive or previously applied coating system being disturbed,the 4 contractor is expected to be knowledgeable of applicable federal(OSHA and 5 EPA), state and local requirements for handling these materials and 6 demonstrate the ability to invoke these requirements in their project-specific 7 compliance program and during exposure producing operations. Contractor 8 shall specifically address these contingency qualifications in his pre- 9 qualification statement 10 (3) Contractor shall describe his proposed abatement operations and affirm 11 whether they will be Category A or B per SSPC-QP 2. If Contractor 12 proposes to utilize multiple systems for containment and ventilation,provide 13 descriptions of each together with qualifications supporting the use of each. 14 (4) If a Contractor proposes to subcontract this portion of the work, the 15 qualifications of the proposed subcontractor shall be submitted per this 16 Section. 17 b. Specific Lead Abatement Pre-Qualification Requirements 18 Submit a complete qualification package documenting Contractors compliance with 19 SSPC-QP2, Section 4: 20 (1) 4.1 The contractor shall meet the requirements of S SPC-QP 1, QP-6, or 21 QP-8. 22 (2) 4.2 Management of Hazardous Coating Removal 23 1. 4.2.1 Contractor's Company Policy 24 2. 4.2.2 Authority and Responsibility of Competent Persons 25 (3) 4.3 TECHNICAL CAPABILITIES 26 1. 4.3.1 Qualification Categories 27 2. 4.3.2 Requirements for Category A: 28 3. 4.3.3 Requirements for Category B 29 4. 4.3.4 Verifying Qualification Categories 30 5. 4.3.5 Maintaining Qualification 31 a. 4.3.5.1 Description of the jobs 32 b. 4.3.5.2 Verification of successful completion 33 6. 4.3.6 Technical Documentation Required at Contractor's Office: 34 a. 4.3.6.1 Corporate Compliance Plans 35 b. 4.3.6.2 Reference Material 36 (4) 4.4 PERSONNEL QUALIFICATIONS AND TRAINING 37 1. 4.4.1 Competent Person Training and Experience: 38 2. 4.4.4 Production and Support Worker Training: 39 3. 4.4.5 Environmental and Worker Monitoring Competency: 40 4. 4.4.6 Safety Coordinator: 41 42 4. Eligibility to Bid 43 a. The City shall be the sole judge as to a contractor's prequalification. 44 b. The City may reject, suspend, or modify any prequalification for failure by the 45 contractor to demonstrate acceptable financial ability or performance. 46 C. The City will issue a letter as to the status of the prequalification approval. 47 48 END OF SECTION A► CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised July 1,2011 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 [Text in Blue is for it formation 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: 12 By 11 13 Company (Please Print) 14 15 /DfS36 Signature: 16 Address 17 S _ 18 �tJ t�D �5 Title: 3 k4l t.;f 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 ,�► 24 COUNTY OF TARRANT § 25 26 BEF � ,the unde"gn�"authority, on this day personally appeared _ ,known to me to be the person whose name is 28 subscribed to the forego ins a�j and ackno led d to me that_be/she executed the same as 29 the act and deed of g — /"✓ZlLO � for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 _ 32 GI}EN DER MY HAND AND SEAL OF OFFICE this j� day of 33 P QJI , 201.2, 34 3536 37 Notary Public in and for the State of Texas 38 BRENDA C.MARTIN,Notary Public In and for the State of Ohio 39 END OF SECTION My Commission Expires July 7,2014 40 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)-Certificate rage i of i 4 Bureau of Workers' St Ohio Compensation Colu bus OH 43215 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 1-800-0HIOBM. This certificate must be conspicuously posted. Policy No.and Employer Period Specified Below 1043531 01/012013 Thru 08/312013 AMERICAN SUNCRAFT CONSTRUCTION CO AMERICAN SUNCRAFT CONSTRUCTION CO 10836 SCHILLER RD MEDWAY,OH 45341-9743 ohiobwc.com namx,tw.m/CE0 ■ You can reproduce this certificate as needed. o 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 Workers Ohio I Compensation rtifiYou must post this language with the cecate of prem u n payment. DE-29 BZC-1629 717108 https://www.ohiobwc.com/employer/services/PaymlVnlbwc/Certificate.wpx?.wCID=3383... 1/10/2013 FORT NORTH -�l�"""" 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 Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 9% %of the total bid(Base bid applies to Parks and Community Services). 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 City 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.shail deliver the MBE documentation in person to the appropriate employee of the managing department and obtain a dateltiine receipt. Such receipt shall be e evidence#hat the-Lity;received the documentation in the time alloicated.'A faxed,copy w111 not be 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.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor 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 (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. 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 BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)212-2674. Rev.5/30/12 9tl(&4J jar-' ATTACHMENT 1A �• 411 1 f Z Page 1 of 4 FORT WORTH City of Fort Worth , l s. MBE Subcontractors/Suppliers Utilization Form PR#E COMPANY NAME: �y� Check applicable block to describe prime Ing CCrn SUnOr - "�' MM/DBE NON-WNVDBE PROJECT NAME: 11 BID DATE `ASO YG City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER % I % or 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 (6)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 level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1 st 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 hauling 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 firm, 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. 0 Rev.5/30/12 FORT WORTH ATTACHMENT 1A " — Page 2 of 4 Primes are required to identify ALL subcontractorstsuppliers,regardless of status;i.e.,Minority and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. If a subcontractorlsupplier 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 MNVBE Office,which may be contacted for verification. Please not that on1V certified MBEs will be counted to meet an MBE cioal. Attach N NCTRCA Certificate SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Dollar Amount Address e M W S M Worts Purchased TelephonelFax r B B B B E E E E q7a - �f$�l • S gda /hi3-c�11� s talil�.l�dn�e�l�,sf-� �dr�A'dlt- N�rnu�- To;le-h al4 y 7�g - Sas � �LaoQ�',y��e fan Q,rJ� Q,a/!as �',r 73Zi2 Rev.5130/12 FORTWORTH ATTACHMENT 1A 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 M/WBE 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 o SUBCONTRACTORISUPPLIER T n Detail Detail Company Name I Subcontracting Supplies Dollar Amount Address e M w S M Work Purchased Telephone/Fax r B B B B E E E E Rev.5/30/12 • ATTACHMENT 1A FOOVORTH 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 $ 00 1 17r -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/Addiflon 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 affect the 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. .. ao & Authorized Signature Printed Signature �A as den �— nae Contact Name/rMde(if different) r 937 -gq9- Company Name-__ —..- 1036 SA4 CISt '.r�i ,cow) Addmw E-mail Address ffigdk��z Ch,-b -95341 J3, ' ... city/state/Zip Q�g Rev.5t=12 005243-1 Agreement 000, Page 1 of4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on )omI 2% 2o/_is made by and between the City of Fort 4 Worth, a Texas homeruI municipality, acting by andthrou h its duly authorized City Manager, 5 ("City"), and [LTJ sr CC +40th �•�� 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK i l Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Eastwood Elevated Storage Tank Rehabilitation Project 17 Project No. 01949 18 Article 3.CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 150 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Five Hundered dollars ($500.00) for each day that expires after the time specified 34 in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH EavtwixW Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 AvhRevised June 4,2012 005243-2 Agreement Page 2 of 4 36 Article 4.CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an a nount in current funds of 611a m,IGrw NMC ,Mou `^��//'-� Dollars 39 ($- �t- Octq 7i) ­e ) XVC" A►" C-d r-.( �+ 40 Article 5.CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and,if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Eastwood Elevated Storage Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised June 4,2012 005243-3 Ag-t Page 3 of4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense,the city, its officers, servants and employees, from and against any and all claims 78 arising out of, or alleged to arise out ofi the work and services to be performed by the 79 contractor, its officers, agents, employees, subcontractors, licenses or invitees under this 80 contract.This indemnification provision is specifically intended to operate and be effective 81 even if it is afted or Rroven that all or some of the damages being sought were caused. in 82 whole or in part,by any act.omission or negligence of the city.This indemnity provision is 83 intended to include, without limitation, indemnity for costs, expenses and legal fees 84 incurred by the city in defending against such claims and causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the 87 city, its officers, servants and employees, from and against any and all loss, damage or 88 destruction of property of the city, arising out of, or alleged to arise out of, the work and 89 services to be performed by the contractor, its officers, agents, employees, subcontractors, 90 licensees or invitees under this contract. This indemnification provision is specifically 91 intended to operate and be effective even if it is alleged or proven that all or some of the 92 damages being sought were caused, in whole or in part, by any act. omission or negligence 93 of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article l of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 72 Assignment of Contract.. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Ea%twood Elevated&otuge Taut Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Revised Juno 4,2012 005243-4 Agreement r` Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Co tractor: City of Fort Worth By: (Fernando Costa) By: Assistant City Manager (Sig e) rDate /3 Attest: (Printed Name) Mary seF), t City Se tary (Seal) Title: (fippe tji Address: W& k" M&Cc: - ZEy3J Date: i L;- 13 City/State/Zip: alwo I,IS'+ / ro to Form and Legality: 30- �3 Date Dougglasi Vack= Assistant City Attorney 128 129 130 5APALREC-M ENDED. 131 132 133 134 S. Frank Crumb. P.E. 135 DIRECTOR, 136 (Water Department) 137 CITY OF FORT WORTH l:asnvoml Elevated Storage Tank Rehabdiiaiion ,rte STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 # Rmsed Junc 4,2012 OFFICIAL RECORD CITY SECRETARY FT. WORTH]TX JON, 006113-1 PERFORMANCE BOND Page I of 2 Bond#6093877 l SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § S § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, American Suncraft Construction Co., Inc. known as 8 "Principal'herein and Westfield Insurance Company ,a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a I t municipal corporation created pursuant to the laws of Texas, known as"City"herein,in the penal 12 sum of, One million ninety nine thousand seven hundred fifty and 00/100 Dollars 13 (S 1,099,750.00 ), lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 15 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City i► 18 awarded the 29th day of January ,2013 ,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law,in the prosecution of the Work,including any Change 21 Orders,as provided for in said Contract designated as ._ ,::nncr t- n :e 1 -10!*•11>cl tt)n 22 )tV4(). 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,utherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Eastwood Flevared Storage Junk Rehuhthiauon STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.01949 Aw Rcviscd July I,2011 Mil 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 29th day of 6 January ,20 13 . 7 PRINCIPAL: 8 9 American Suncraft Construction Co., Inc. 10 11 BY: 12 Signature 13 ATT%Zo, , 's ` - /7Ld lG tfru- ;; 16 (P cipal)Secretary Name and Title 17 18 Address: 10836 Schiller Road 19 \Z� Medway. Ohio 45310 G 0 21 22 V�itness as to Principal 23 SURETY: 24 25 Westfield Insurancch Company 26 27 BY: (l% 28 ­ ignature 29 30 Anne Tierney, Attorney-in-Fact 31 Name and Title 32 33 Address: One Park Circle 34 " Westfield Center.Ohio 44251 35 36 37 Witness asrt6"Sur&y Telephone Number: 513-985-9175 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address,both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Eastwo,)d F,Ievated Storage Tank Rehubilitation STANDARD CONSTRUCTION SPECIFICA]ION DOCUMENTS project vo.0!949 Rcviscd July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 I SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, American Suncraft Construction Co., Inc. known as 8 "Principal" herein, and Westfield Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 1 I municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, One million ninety nine thousand 12 in the penal sum of seven hundred fifty and 00/100----- --- Dollars 13 ($ 1,099,750.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas, for the payment of which sum well and truly be made,we bind ourselves, 15 our heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 18 29th day of January , 20-13-1 which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Eastwood Elevated Storage Tank Rehabilitation, Project No. 22 01949. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) paymfnt bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under 26 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Eastwood Elevated Storage lank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Nrojecl Na.01949 Rcvised July 1,2011 006114-2 PAYMENTBOND Page 2 of 2 I IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 29th day of 3 January .20 13 4 PRINCIPAL: American Suncraft Construction Co., Inc. ATTEST: BY: ^ , Signature C�4 �/ /nom /Z 6 iv, ( rincipal)Secretary Name and Title Address: Schiller oa Medway, Ohio 45341 itness as to Principal SURETY: Wes tfei llfnsurance Company Al TEST: BY: �7 signature A� � a� L, Anne Tierney, Attorney-in-Fact i__Grety)Secretary Name and Title Address: One Park Circle Westfield Center, Ohio 44251 irnesqllai'✓ to Surety Telephone Number: 513-985-9175 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. I 1 END OF SECTION 12 CITY OF FORT WORTH Eastwood Elevuted Storage Tank Rehabditution STANDARD CONSTRUCTION SPECIFICA"FION DOCUMENTS Project No.01949 Revised July 1.2011 006119-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we American Suncraft Construction Co., Inc. known as 8 "Principal"herein and Westfield Insurance Company ,a corporate surety 9 (sureties,if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a I l municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 12 in the sum of One million ninety nine thousand seven hundred fifty and 00/100 Dollars 13 (S 1,099,750.00 ), lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 15 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 16 and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the 29th day of January ,20-1-3 which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials,equipment labor and other accessories as defined by law, in the prosecution of the 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work")as provided for in said contract and designated as Eastwood Elevated Storage Tank 24 Rehabilitation,Project No.01949;and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS emok Revixd July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 he repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and l0 I I PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division;and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. t. 17 18 19 CITY OF FORT WORTH ;t � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 r 0061 19-3 MAR4TENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of January 3 .2013 4 5 PRINCIPAL: 6 7 American Suncraft Construction o., Inc. 8 9 BY: X 10 Signature cl I l ATT 12 r 13 Z A141 14 ( cipal)Secretary Name and Titld 15 16 Address: 10836 Schiller Road 17 - = Medway. Ohio 45341 18 n f\ 19 20 Witness as to Principal 21 SURETY: 22 23 Westfiep Insurance ompan 24 25 BY: / (� 26 Signature 27 28 Anne Tierney, Attorney-in-Fact 294A , Name and Title 30 31 Address: One Park Circle 32c , Westfield Center. Ohio 44251 333435 itn as to Telephone Number: 513-985-9175 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH .. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS � Revised July 1,2011 F General POWER NO. 3401942 07 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. 001":'RTIFIED 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-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - . - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANT E, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as it such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: 'Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.' 'Be it Further Resolved,that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting held on February 8,2000). In Witness Whereof,WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seats to be hereto affixed this 21st day of JANUARY A.D.,2008 . ..w ,.. .......,... n� '"w �N WESTFIELD INSURANCE COMPANY Corporate eaiste�Qo��gYa«t R!cR , ••••t,?��nNA��;SG•= 5_� "•'r, WESTFIELD NATIONAL INSURANCE COMPANY ' m'���`ff "A' %tia'� '':y`? _�� ' •'•!� OHIO FARMERS INSURANCE COMPANY s � , SEAL c•H�TFtEo ^ 3. ,:o . 1848 •'_ �/��(- ............ State of Ohio �..,w•.� *.,,,.•,•,`' ''%•,,N. 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 M•..•M•««. Seal Affixes 9 • -_.. • William J. Kahelin, A rney at Law, Notary Public State of Ohio : N .� �o My Commission Does Not Expire(Sec. 147.03 Ohio Revised Code) County of Medina ss.: ,y •F rEAf � 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. l In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this"e flay of A.D..-ZI Jaho •�„w.ww.ti ,.uu......,p . wuuupy, ;s&, ,: S i 'p9-G' 'GMIUITFQ��': d' •+Y.1"�Y ti :�: SEAL .m: �i� :n, s .a p Secretary �,•.•`•,�,frf� 7 �.�, :, 1848 .�_ Frank A. Camino, ecret BPOAC2(combined) (06-02) ,�►co CERTIFICATE OF LIABILITY INSURANCE "'°°""Y'' 2/20/20120/2013 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 endorsement A statement On this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brower Insurance Agency PHONE -707- 11 FAIC No 409 E.Monument Ave.,Suite 400 511707-56 1 EMIL Dayton OH 45402 ADDRESS. b me browerinsurance.Co INSUR S)AFFORDING COVERAGE -- _MAIC s INSURER A. 90677 INSURED AMERS8C INSURERB: I Insurance American Suncraft Construction,Inc. INSURERC: Boling Investments Limited INSURER D: 10836 Schiller Rd Medway OH 45341 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:552160128 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. SUBK INSR TYPE OF INSURANCE I POLICY EFF POLICY t7CP LIMITS LTR INSR, WVD. POLICY NUMBER M/DD MMlD j GENERAL LIABILITY EACH OCCURRENCEDAMAGE TO R S COMMERCIAL GENERAL LIABILITYI ! PREMISES a occurrence S CLAIMS-MADE D OCCUR MED EXP(A one person) I S i !PERSONAL&ADV INJURY ;S GENERAL AGGREGATE S I GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG b ! PRO ! !POLICY i� LOC Ernp.Benefits S1,OOD,OOD AUTOMOBILE LIABILITY ' EPP0174510 /1/2013 /112014 Ea accidant) $1,000,000 IX :ANY AUTO } I I BODILY INJURY(Per parson) $ ~ i ALL OWNED SCHEDULED ALTOS BODILY INJURY(Per accident) b ;AUTOS i NON-01ANED !PROPERTY DAMAGE : I HIRED AUTOS AUTOS I Per accident i If $ B I UMBRELLA LIAB IX OCCUR 31164C130AU /1/2013 /112014 EACH OCCURRENCE $4,000,000 X EXCESS LIAB 1 CLAI ,MS-MADE I I iAGGREGATE b DED RETENTION SO is WORKERS COMPENSATION i VJC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNERIFJECUTIVE a I E.L EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOY S If yes,desc[ibe under DESCRIPTION OF OPERATIONS below I E DISEASE-POLICY LIMIT $ I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Sebedule,Ir mon Space Is required) City of Fort Worth and KBR Engineers Project: Eastwood Elevated Tank Rehabilitation Project#01949 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 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD ,4co CERTIFICATE OF LIABILITY INSURANCE 1..►-' 01131!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), ALaHOR[ZED REPRESENTATIVE OR°RODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder is an ADDITIONAL INSURED,tho policy(ies)must be endorsed. If SUBROGATION,'S WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in IIQu of such endorsement(s). PRODUCER %ONTACT 614-841-1425 BANE Epoch Underwriting.,Managgment,Agency jPqrp I 1 RMOtc FAk (Epoch Underwriting Management Agency Corp ,k�,rs� 1:624-841-1425 iaC,tior 1 Quadrant Insurance Managers AMo!�ss:ddu(eaquadrant-us.com_� 501 W Schrock Rd,Ste 301 f_ `aysUREgr,Afar�DRrc CaV=.at,E IV>:esterville,C} 43081.. r._ INsur�eRA-._%ar, Surplus i i ie5 iMuranc.;Cpmpany 1 i - IKSURED � saRER e:Toru National Insurance C.ompany... ;25493 lArnerican Suncraft Construction,Inc. INSURER C- 1Boling Investments Lirnite INSURER D: — {10836 Schiller Rd, rNSU n E. i Meduaa�+CIH 453 1 INSURER f_ COVERAGES CERTiFICA=t NUMBER: REVISION NUMBER; T-iIS 1S TO CERTIFY THAT THE POLICIES OF.INSURANCE.USTED BELOW HAVE SEEN ISSUED TO I HE INSURED NW.,IED ABOVE FOP.THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT.TERN.OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V,hTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PER`AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ! EXC=USION_S AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C_A3M5. _ `. ittjsF. TYPE'J.''iNSURANC>= ;AD601USR. ,. —POLICY NUMBER .s. Pi1fOD/Y1^e'Y MM,_ 6 I LIMITS MM ..__ GENERAL LIABILITY ' J EAGiOC,CURREN"' :S 11,00,000n�nut/ A "bAMAGE�AE)a-ED ��pCOMIAFRGAL G_eIERAL LM.9LI`Y i PRcM5E$(ra Ter=) ,_J..wuSIVAX '� a CJR 4 SLSLNlRG02028413 Ovoi/201s D1/010I14 )&n-r Xpwya+aw�^>_. s5,Op0 BI&PD Deductible: ' PERSONALSAVV:NR4eY s 1,000,x0100 { -$x,000 _ GENERA$.AGGRFGA`E s 2,000,Qp0 i 3Eh"L AOGREGA 1'J.IMI'.A--,',1FS PER. 4 _PRODUCTS COMPMP AGG's 2 000,000 PoLicy l AUTOMOBILYLIABILMY . _ ALL . . .. ANY AUfD 1 r PA)Ctr�:N,FURY(PMpmal; S AL:7QSr I AUTQSLi,E6 i BD:ILY rN.ilAtY 1 (PW acGaen:) s ` t P!'Jh-DIMNE.7 PROPER-Y DAfi1IiGE S _ f�;ReDAUT^S ALMOS i(FW0sx1Cnti_... _ s5 UMBRELLA UAB Y Gwi1R f I o1f01/2013 311ol/2014,Eh ri OC,URRENCE :S,4,ODO,000 tB .,;EXCESS LIA6 ._..�wAtMS-ktj,.?•_'' 31164C130AL1 AfyGRt_GFLTE s4,000,00C 'ILD RCTFk":IO.e -. •° j ' WORKERS'COMPE.NSATIONsrAIG- TORw LVAd—. r+' AAIB EMPt.0YER5'LIABILITY Y t N r 4MY PROPRIE'OR:r+AR-M^-,Ji)EX-mCJTIViI f— tL%ACE AMIDENI s O'I I RiN:J:18ER EXCLUP---ol LJN f A {Mandatory it NH) E L DISEASE•EA EMPLOYE:L?$ I It ycx,aeatr 0a mea• .^.G5Cr"iIPTION OF G?ERkT:ONS Cia'�v: .L DISEASE.POLICY Lr.A!T�5 F i i j DESCRWTION OF OPERATIONS f.LOCATIOWS f VEHICLES{Attach ACORD 141,Addrbonal Rentarin SehadWa,X Moen apaoa ix requkod) Project: Eastwood Elevated Tank Rehabilitation. Project#01949 City of Port Worth and KBR Engineers are included as Additional Insured With respect the above project. 1 CERTIFICATE}FOLDER CANCELLATION t I City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOaS I 1000 Ttirockmorton Street THE EXPIRAnON DATE THEREOF, NOTICE &ILL BE DELIVERED IN ACCORDANCE NTH THE POLICY PROVISIONS. Fart Worth,TX 76102 (]{AUTHORVED REPRESENTATIVE ®1988-2010 ACORD CORPORATION. All rights reserved, ACORD 23(201 W05) The ACORD name and logo are registered marks of ACORD OhioBWC-Employer- Service: (Payroll reports)-Certificate Page 1 of 1 Bureau of Workers' Ohio Compensation 30 W.Spring St Columbus,OH 43215 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 01/0112013 Thru 08/31/2013 AMERICAN SUN, RX17T Ct7NST. TION CO AMERICAN SUNtRAFT Ct3NSTT10N CO 10836SCHll_t_E3 MEDWAY, 01-1,1 1-3743 A A24- R--141OhlObwc.com A�+unrsaaec$cEO You can reproduce this certificate as needed. Ohio Bumau 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. j Bureau of Workers' You must post this language with the certificate of premium payrnertt. LF� hia I Compensation rrC.-`r,2^^71710S https.//www.ohiobwe.com/employer/services/Payroll/nlbwe/C mdficate.aspx?txtCII)=3 3 83... 1/10/2013 OhioBureau of Workers' Governor Jmhn%i.K�icEt SEs np&,.Sati£5rF A„1m:nbs,ro,, E0 Stephen Elehrer MAN.Spring St anro4�v�r.-com i0SWC F:bma y 5,2013 Atlm.: Lisa cries,Safety Officer American Suncraft Construction Co. !nc 10336 Schiller Road 'uied lt'8}', Ohio 45341 18e: CanfirnaatioU of coverage for Policy 4' 1043531 American Suncraft Construction Co. Inc Dear Erployer: This letter cornu s American Suncraft Construction Co. lnc has acLive O io workers' compensation coverage v'it'tI SWC from januzry 1,2013 to Au�rust 31, 2013. Coverage applies to the employer's Ohio employees for work- related clairm occurring during this period. Coverage extends to Ohi;,employees who inciir claims,xhile working temporarily outside of Ohio. Y`Ve deten-nine how'long h this out-o - ate coverage applies on a case-by-case basis. It depends on factors Indicating whether an en'IFloyee's absence from Ohio continues to be temporary. In some situations,we viewed coverage as applying to employees working outside of Ohio for a year or longer.In these cases, we beiieve sufficient connections to Ohio were present and circumstances showed their absence from 1!e state was still n ternpora The above coverage does not apply to-many employees of employers working outside the U.S.as contractors or subcontractors for the:federal government. They usually :rust obtain:coverage for wofk-related claims under the Iedcral Defense Base rr"ict.42 U.S.C.A. §§1651-54. This federal coverage is exclusive and in place of all 1131?Ilit;' under the workers' compensation laces of any state(42 U.S.C.A. §16.51(c). We.recoir mend employers doing business outside OiLo to find out what coverage they nay;reed to comply with the laws of other states.Log on to� _.__ � _ to obtain a list of state and Canadian province regulators.It includes their Web address and phone numbers. If you have any questions,please call John Best,underwriting consultant 614-752-4177. Sincerely, s� i Stephen Buehrer,Admirds+a'atorlCE® A`fRO� CERTIFICATE OF LIABILITY INSURANCE DAIS(MM/OOPoYYY) 01/31/2013 THIS CERTIFICATE IS SSUED 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(iss)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER CONTACT 614-841-1425 NAME:__Epoch Underwriting Management.Agency Corp Epoch Underwriting Management Agency Corp PHONE r,�);614-841-1425 �,"uc Net, Quadrant Insurance Managers E-MAIL ss:dduff@quadrant-us.com 501 W Schrock Rd, Ste 301 _!NSURER S)A-TgRm NG cov_ERACE _ NAIC a Westerville,OH.43081 _ _ INsuRERA:_Starr Surplus Lines In4urance�ompany 13604 INSURED INSURER e:Torus National Insurance Company -,25490 American Suncraft Construction,Inc. INSURER c: _ Boling Investments Limite INSURE.RD: 10836 Schiller Rd INSURER E; mP Medway 45341 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER`AIN, 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 CJAIMS. INSR A INSURANCE W 'ADDL;§UBR --- POLICY EFF POLICY EXP —� - LTR TYPE OF I= WVO POLICY MMIOD)YYYY MM LIMITS GENERAL LIABILITY ( _EACH OCCURRENCE 51,000,000 A `1( JN COVMERC'ALGERAL U .91LI ATY DAMAGEENTED I �Tt PREMISE$(Ea acnurcc:m} _'S 1 OO,000 _ cLtiMSAtADC `J/ OCCURSLSLNRG02028413 01101/2013 01/0112014 MEDEXP(Anyonapersonl s5,000 BI&PD Deductible:__ PERsaw�LaADV_:NJURY S 1,000,000 '6 5,000 _ - !GENERAL AGGRFwE f S 2,000,000 C+XL AGGREGATE UMI?APPLIES PER PRODUOTS COMP/W AGG s 2,000,000 POI ICY PRO- _OC _._ S _AUTOMOBILE LIABILITY ` COVIRN=D SI.VGLr I.V:T — - - _, I (Ea awtlont}____ S ANY ALTO BODILY INJURY(Per Person, S i ALL OWNED 'SCk-eDU-ED AUTOS AUTOS 300:11EYIVJURY(Per accident) S P!REDAUTOSNON-OWNED 'PROPERTYDAMAGc 5 AUTOS ;(Peracoderd)_. I S UMBRELLA UAB OCCUR / I '01101r2013 01!01!2014,EACH OCCURRENCE s 4,000,OOC B EXCESS LIAB .CLAIMS-MADE( ♦ 31164C 130ALI :,c�GHr.GATE _$4,000,000 DLU RETENTION S S WORKERS COMPENSATION ACS ATL- OTH AND EMPLOYERS'LIABILITY YIN .FORY LIMITS. ER r AVY PROPRIE-OR;PARTYER,EXECUTIVE -1 E.L FACH ACCIDENT S O� Orf ICER.WEMOER EXCLUDFC 1 NIA - !(Mandatory in NH) E L DISEASE-EA EMPLOYEE S ! I Y.S.descme Wo' DESCRIPTION OF OPERAT n.NS be m I E L DISEASE-POLICY UM.* S ! I 1 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES(Attach ACORD 101•Additional Remarks Schedule,N more space is required) Project: Eastwood Elevated Tank Rehabilitation Project#01949 R City of Fort Worth and KBR Engineers are included as Additional Insured with respect the above project. w CERTIFICATE HOLDER CANCELLATION City Of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1000 Throckmorton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHOR1fYF..D REPRESENITATM O 1988-2010 ACORD CORPORATION. All rights reserved. .ORD 25(2010105) The ACORD name and logo are registered marks of ACORD AP" STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT t CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT r TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... l 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 1 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 A. - 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCTJ?v 'S Revised:November 9,2011 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule................................................. 21 ......................................................................... 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................... ..... . ....................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnifcation.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to.Audit...............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ..............:.............................................................................................................36 8.04 Lands and Easements;Reports and Tests............................ .e....................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised.November 9,2011 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 AP"' 10.02 Unauthorized Changes in the Work ...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work50 ................................................................................ 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 lamb' 16.01 Methods and Procedures61 ............................................................................................................. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECII71CATION DOCUMENTS Revised:November 9,2011 Article l7—Miscellaneous----------.----------------------.--------.—.62 17.01 Giving Notice------------------------------------------62 17.02 Computation ofTimes.................................................................................................................62 /7.U3Cumulative Remedies.................................................................................................................62 |7.04Survival of Obligations--.--------.-------.------.—.—.....—..---...63 17.05 Headings-----------------------------------.---.------63 =� CITY OF FORT wnRTu STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 007200-1 GENERAL CONDITIONS Page 1 of 62 ,V` 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. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder=The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION 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 Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is nota 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. MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-3 GENERAL CONDITIONS Page 3 of 62 Aloft, 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 007200-4 GENERAL CONDITIONS Page 4 of 62 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award–The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceeds--A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. --%k CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9,2011 007200-5 GENERAL CONDITIONS Page 5 of 62 Ago- 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required 01"' submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. AM- CITY 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, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday,as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day,not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION 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 action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "InSLall" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION 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. -ask 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 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-9 GENERAL CONDITIONS Page 9 of 62 Alow` section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 00 72 00-10 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9,2011 007200-11 GENERAL CONDITIONS Page 11 of 62 I� 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 t 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-of-way, and/or easements. Any outstanding right-of-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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 00 7200-12 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