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Contract 44278
/ C1IYSECITAR'1l ID(1G 1)2— D.0.9. FU FORT WORTH SECRETARY " COMRA�CT�R'S�BC�I M Co. CONTRACT NO. CONSTRUCTKA'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF EAST 1ST STREET WATER AND SEWER IMPROVEMENTS East First Street from Beach Street to Oakland Boulevard City Project No.00145 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb, P.E. Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Water Department 2012 DUNAWAY ASSOCIATES,L.P. 550 Bailey Avenue,Suite 400 Ft.Worth,TX 76107 Office: 817-335-1121 •Fax. 817-429-1370 •www.dunaway-assoc.com > .• TX REG.F-1114 • �...................... J � BRIAN S. DARB... o......................... FICIAL RECORD 0 -c�, 82623 i CITY SRCMARY ItA-%A -.,N Oil FT. WORTH,1'1C 4%s/ONAL EN���` RECEIVED MAR 14 205 z-� 2 000000-1 TABLE OF CONTENTS — Page 1 of 3 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 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 00 45 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 39 Minority and Women Business Enterprise Goal 19 00 45 40 Minority Business Enterprise Goal 20 00 45 41 Small Business Enterprise Goal 21 00 52 43 Agreement 22 0061 13 Performance Bond 23 0061 14 Payment Bond 1 24 0061 19 Maintenance Bond 25 00 61 25 Certificate of Insurance 26 00 72 00 General Conditions 27 00 73 00 Supplementary Conditions 28 29 Division 01 -General Requirements 30 01 1100 Summary of Work 31 01 25 00 Substitution Procedures 32 01 31 19 Preconstruction Meeting 33 01 3120 Project Meetings 34 01 32 16 Construction Progress Schedule 35 01 3233 Preconstruction Video 36 01 33 00 Submittals 37 0135 13 Special Project Procedures 38 01 4523 Testing and Inspection Services 39 01 5000 Temporary Facilities and Controls f 40 01 55 26 Street Use Permit and Modifications to Traffic Control I 41 01 5713 Storm Water Pollution Prevention Plan 42 01 5813 Temporary Project Signage 43 01 60 00 Product Requirements 44 01 66 00 Product Storage and Handling Requirements 45 01 70 00 Mobilization and Remobilization 46 01 7123 Construction Staking 47 01 74 23 Cleaning 48 01 77 19 Closeout Requirements 49 01 7823 Operation and Maintenance Data CITY OF FORT WORTH EAST 1STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER 1MRPOVEMENTS Revised August 20,2012 CITY PROJECT NO.00145 000000-2 TABLE OF CONTENTS Page 2 of 3 1 01 7839 Project Record Documents 2 3 3 Technical Specifications listed below are included for this Project by reference and can be 4 viewed/downloaded from the City's Buzzsaw site at: 5 6 htpss://proiectpoint.buzzsaw.com/client/fortworthi ov/Resources/02 Construction Documents/Specifications 7 8 Division 02-Existing Conditions 9 0241 13 Selective Site Demolition 10 0241 14 Utility Removal/Abandonment 11 0241 15 Paving Removal 12 13 Division 03-Concrete 14 03 30 00 Cast-In-Place Concrete 15 0334 13 Controlled Low Strength Material(CLSM) 16 03 34 16 Concrete Base Material for Trench Repair 17 03 8000 Modifications to Existing Concrete Structures 18 19 Division 26—Electrical—NOT USED 20 21 Division 31 -Earthwork 22 31 23 23 Borrow 23 31 25 00 Erosion and Sediment Control 24 313700 Riprap 25 I 26 Division 32-Exterior Improvements 27 3201 17 Permanent Asphalt Paving Repair 28 32 01 29 Concrete Paving Repair 29 32 12 16 Asphalt Paving 30 32 13 13 Concrete Paving 31 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 32 1373 Concrete Paving Joint Sealants 33 32 1613 Concrete Curb and Gutters and Valley Gutters 34 32 92 13 Hydro-Mulching, Seeding,and Sodding 35 36 Division 33-Utilities 37 33 01 30 Sewer and Manhole Testing 38 33 01 31 Closed Circuit Television(CCTV)Inspection 39 33 04 30 Temporary Water Services 40 33 04 40 Cleaning and Acceptance Testing of Water Mains 41 3305 10 Utility Trench Excavation,Embedment, and Backfill 42 3305 13 Frame, Cover and Grade Rings 43 33 0530 Location of Existing Utilities 44 33 11 10 Ductile Iron Pipe 45 33 11 11 Ductile Iron Fittings 46 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 47 33 1210 Water Services 1-inch to 2-inch 48 33 1220 Resilient Seated Gate Valve 49 33 1225 Connection to Existing Water Mains 50 33 1240 Fire Hydrants CITY OF FORT WORTH EAST 1s"STREE'1' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER M4RPOVEMENTS Revised August 20,2012 CITY PROJECT NO.00145 000000-3 TABLE OF CONTENTS Page 3 of 3 1 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 2 33 31 50 Sanitary Sewer Service Connections and Service Line 3 33 39 10 Cast-in-Place Concrete Manholes 4 33 39 20 Precast Concrete Manholes 5 33 39 60 Epoxy Liners for Sanitary Sewer Structures 6 7 Division 34-Transportation 8 3471 13 Traffic Control 9 10 Appendix 11 GC-4.02 Subsurface and Physical Conditions 12 GC-6.06.13 Minority and Women Owned Business Enterprise Compliance 13 GC-6.07 Wage Rates 14 GR-01 60 00 Product Requirements 15 16 17 END OF SECTION CITY OF FORT WORTH EAST 1 sr STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 20,2012 CITY PROJECT NO.00145 Division 00 - General Conditions 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 1 SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 Assembler: For Contract Document execution, remove this page and replace with the approved 5 M&C for the award of the project. M&C insert shall be on blue paper.] 6 7 OTHER REQUIREMENTS 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 R 26 END OF SECTION I CITY OF FORT WORTH EAST 1sT STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER 1MRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo rWORTH COUNCIL ACTION: Approved on 3/5/2013 REFERENCE ,,,, 20EAST FIRST STREET DATE: 3/5/2013 NO ; C-26125 LOG NAME: IMPROVEMENTS 00145 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Tejas Commercial Construction, LLC, in the Amount of$519,253.25 for the Construction of Water and Sewer Improvements on East First Street from Beach Street to Oakland Boulevard and Provide for Project Costs and Contingencies for a Project Total in the Amount of$583,216.00, Authorize Execution of Amendment No. 5 to an Engineering Services Agreement with Dunaway Associates, L.P., City Secretary Contract No. 36513, in the Amount Up to $17,705.00 to Prepare a Conditional Letter of Map Revision Request Package for the Federal Emergency Management Agency, Thereby, Increasing the Amount of the Engineering Services Contract to $1,043,426.00 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Tejas Commercial Construction, LLC, in the amount of $519,253.25 for the construction of Water and Sewer Improvements on East First Street from Beach Street to Oakland Boulevard; and 2. Authorize execution of Amendment No. 5 to City Secretary Contract No. 36513, an Engineering Services Agreement with Dunaway Associates, L.P., in an amount up to $17,705.00, to prepare a Conditional Letter of Map Revision request package for the Federal Emergency Management Agency, thereby, increasing the amount of the Engineering Services contract to $1,043,426.00. DISCUSSION: Construction Contract with Tejas Commercial Construction, LLC This Contract provides for the construction of water and sewer improvements in conjunction with widening East First Street to four-lanes from Beach Street to Oakland Boulevard. Construction is funded by the Water Capital Projects Fund and Sewer Capital Projects Fund. The project was advertised for bid in the Fort Worth Star-Telegram on October 11, 2012 and October 18, 2012. The following responsive bids were received on November 1, 2012: BIDDERS BID AMOUNT Teas Commercial Construction, LLC $519,253.25 CPS Civil, LLC $578,418.00 Conatser Construction TX, LP $629,316.50 Venus Construction $646,978.25 Gin-S en, Inc. $730,543.50 Jackson Construction, LTD. $737,917.00 Staff recommends that the low bid in the amount of$519,253.25 as submitted by Tejas Commercial Construction, LLC, be selected and a contract awarded. This project is funded from the 2004 Capital Improvement Program. M/WBE Office: Tejas Commercial Construction, LLC, is in compliance with the City's Business Diversity http://apps . cfwnet . org/council_packet/mc_review. asp?ID=18 . . . 3/6/2013 M&C Review Page 2 of 3 Ordinance by committing to 12 percent MBE participation on this project. The City's MBE goal on this project is 12 percent. Additionally, Tejas Commercial Construction, LLC, is certified as an M/WBE firm. Engineering Services Agreement with Dunaway Associates, L.P. -Amendment No. 5 The 2004 Capital Improvement Program (CIP) approved funding for the design and construction of this project. This contract amendment is for additional engineering services to prepare a Conditional Letter of Map Revision (CLOMR) request package for the Federal Emergency Management Agency (FEMA). As part of this work effort a $2,000.00 performance Based Incentive or penalty is included to assure timely coordinated submission of CLOMR documents and FEMA approved by June 2014. The following table summarizes previous contract action and amendments: Amount Proiect Description M&C Number Approved Date Initial Contract $ 726,110.00 Design of East First Street C-22600 1/8/2008 from Beach Street to Oakland Boulevard. Amendment No. 1 $ 7,757.00 Archeological Investigations N/A 3/19/2009 for East First Street at the new Trinity River Bridge Amendment No. 2 $ 110,428.00 Additional Historical C-24123 3/9/2010 Investigation for East First Street at the new Trinity River Bridge Amendment No. 3 $ 25,524.00 Additional Right-Of-Way, N/A 9/30/2011 Survey and Exhibits, Environmental Documentation, and Meetin s with TxDOT Amendment No. 4 $ 155,902.00 Design of Bicycle Lanes, C-25627 6/5/2012 Streetlights, Environmental Investigations, and Water and Sanitary Sewer Improvements Amendment No. 5 $ 17,705.00 Conditional Letter of Map Pending Pending Revision CLOMR Contract $ 1,043,426.00 Subtotal Dunaway Associates, L.P., proposes to complete Amendment No. 5 for a fee amount up to $17,705.00 for a revised contract amount up to $1,043,426.00. Staff considers this fee arrangement to be fair and reasonable for the scope of services to be performed. This project is located in COUNCIL DISTRICT 4, MAPSCO 64S, 64T, 64U and 64V. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Water Capital Projects Fund, the Sewer Capital Projects Fund, and the Street Improvements Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P253 541200 604170014583 $272,408.50 P258 541200 704170014583 $246,844.75 C200 531200 204230014530 $17.705.00 http://apps . cfwnet. org/council_packet/mc_review. asp?ID=18. . . 3/6/2013 M&C Review Page 3 of 3 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wersig (7801) Additional Information Contact: Dennis R. Ingram (2294) ATTACHMENTS 20East 1st Street Water and Sewer Improvements-MAP.Of http://apps . cfwnet. org/council_packet/mc_review.asp?ID=18. . . 3/6/2013 000515-1 ADDENDA Page 10f 1 1 SECTION 00 05 15 2 ADDENDA 3 4 [Assembler: For Contract Document execution, remove this page and replace with any addenda 5 issued during bidding.] 6 7 OTHER REQUIREMENTS 8 9 10 11 12 13 14 15 16 r 17 18 M 19 20 21 22 ! 23 F 24 25 26 END OF SECTION I CITY OF FORT WORTH EAST lsT STi2FET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 Ir 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of East 1"Street Water and Sewer Improvements-East First 6 Street from Beach Street to Oakland Boulevard will be received by the City of Fort Worth 7 Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 1000 Throckmorton Street 12 Fort Worth,Texas 76102 13 until 1:30 P.M.CST,Thursday,November 1,2012,and bids will be opened publicly and read 14 aloud at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: 18 19 2,221 LF 12"Water Pipe 20 11 EA 12"Gate Valve 21 1,854 LF 12"Sewer Pipe 22 9 EA Sanitary Sewer Manholes 23 24 PREQUALIFICATION 25 The improvements included in this project must be performed by a contractor who is pre- 26 qualified by the City at the time of bid opening.The procedures for qualification and pre- 27 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 28 29 DOCUMENT EXAMINATION AND PROCUREMENTS 30 31 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 32 of Fort Worth's Purchasing Division website at http://w�vNv.foi-tworth og v.org//purchasing/and 33 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 34 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 35 suppliers. 36 37 Copies of the Bidding and Contract Documents may be purchased from DUNAWAY 38 ASSOCIATES,which is located at: 550 Bailey Avenue Suite 400,Fort Worth,Texas 76107. 39 '+ 40 The cost of Bidding and Contract Documents is: 41 Set of Bidding and Contract Documents with full size drawings: $60.00 42 43 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 44 City reserves the right to waive irregularities and to accept or reject bids. 45 CITY OF FORT WORTH EAS"I 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 r001113-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: John Kasavich,P.E.,City of Fort Worth,Water Department 4 Email: John.Kasavich @FortWorthTexas.gov 5 Phone: (817)392-8480 6 AND/OR 7 Attn: Brian Darby,P.E.,Dunaway Associates,L.P. 8 Email: bsd@dunaway-assoc.com 9 Phone: (817)335-1121 10 11 ADVERTISEMENT DATES 12 October 11,2012 13 October 18,2012 14 15 OTHER REQUIREMENTS 16 17 END OF SECTION CITY OF FORT WORTH EAST IST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July I,2011 CITY PROJECT NO.00145 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1,2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2.Nonresident Bidder: Any person,firm,partnership, company, association,or 17 corporation acting directly through a duly authorized representative, submitting a i, 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. y 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. 38 39 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 40 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 41 45 11,BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 CITY OF FORT WORTH EAST IsT STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO,00145 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 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid,each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including "technical data"referred to in 22 Paragraph 4.2.below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. N/A 34 35 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 36 contiguous to the Site and all drawings of physical conditions relating to existing 37 surface or subsurface structures at the Site(except Underground Facilities)that 38 have been identified in the Contract Documents as containing reliable "technical 39 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 40 at the Site that have been identified in the Contract Documents as containing 41 reliable "technical data." 42 43 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 44 the information which the City will furnish.All additional information and data 45 which the City will supply after promulgation of the formal Contract Documents 46 shall be issued in the form of written addenda and shall become part of the Contract 47 Documents just as though such addenda were actually written into the original 48 Contract Documents.No information given by the City other than that contained in 49 the Contract Documents and officially promulgated addenda thereto, shall be 50 binding upon the City. 51 CITY OF FORT WORTH EAST 1 s"STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.7. Perform independent research, investigations,tests,borings,and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion,and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates, investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation, examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any"technical data" or 44 any other data, interpretations,opinions or information. 45 CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods,techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos,Polychlorinated 15 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 32 of-way, easements,and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements,and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 43 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 44 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 45 received after this day may not be responded to. Interpretations or clarifications 46 considered necessary by City in response to such questions will be issued by Addenda 47 delivered to all parties recorded by City as having received the Bidding Documents. 48 Only questions answered by formal written Addenda will be binding. Oral and other 49 interpretations or clarifications will be without legal effect. 50 51 Address questions to: CITY OF PORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 2 City of Fort Worth 3 1000 Throckmorton Street 4 Fort Worth,TX 76102 5 Attn: John Kasavich,P.E.,City of Fort Worth, Water Department 6 Fax: (817)372-8195 7 Email:John.Kasavich @FortWorthTexas.gov 8 Phone: (817)392-8480 9 10 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 11 City. 12 13 6.3.Addenda or clarifications may be posted via Buzzsaw at 14 hgps://pro-iectpoint.buzzsaw.com/fortworthgov. 15 16 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 17 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 18 Project. Bidders are encouraged to attend and participate in the conference. City will 19 transmit to all prospective Bidders of record such Addenda as City considers necessary 20 in response to questions arising at the conference. Oral statements may not be relied 21 upon and will not be binding or legally effective. 22 23 7. Bid Security 24 25 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 26 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 27 the requirements of Paragraphs 5.01 of the General Conditions. 28 29 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 30 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 31 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 32 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 33 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 34 other Bidders whom City believes to have a reasonable chance of receiving the award 35 will be retained by City until final contract execution. 36 37 8. Contract Times 38 The number of days within which,or the dates by which, Milestones are to be achieved in 39 accordance with the General Requirements and the Work is to be completed and ready for 40 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 41 attached Bid Form. 42 43 9. Liquidated Damages 44 Provisions for liquidated damages are set forth in the Agreement. 45 CITY OF FORT WORTH EAS'I'1sT STREEI' STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 10. Substitute and "Or-Equal" Items 2 The Contract, if awarded,will be on the basis of materials and equipment described in the 3 Bidding Documents without consideration of possible substitute or "or-equal" items. 4 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 5 equal' item of material or equipment may be furnished or used by Contractor if acceptable to 6 City,application for such acceptance will not be considered by City until after the Effective 7 Date of the Agreement. The procedure for submission of any such application by Contractor 8 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 9 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 10 11 11. Subcontractors,Suppliers and Others 12 13 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 14 12-2011 (as amended),the City has goals for the participation of minority business 15 and/or small business enterprises in City contracts.A copy of the Ordinance can be 16 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 17 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 18 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 19 Venture Form as appropriate. The Forms including documentation must be received 20 by the City no later than 5:00 P.M. CST, five(5)City business days after the bid 21 opening date. The Bidder shall obtain a receipt from the City as evidence the 22 documentation was received.Failure to comply shall render the bid as non- 23 responsive. 24 25 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 26 or organization against whom Contractor has reasonable objection. 27 28 12. Bid Form 29 30 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 31 obtained from the City. 32 33 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 34 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 35 the Bid Form. A Bid price shall be indicated for each Bid item,alternative, and unit 36 price item listed therein. In the case of optional alternatives,the words "No Bid," 37 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 38 written in ink in both words and numerals, for which the Bidder proposes to do the 39 work contemplated or furnish materials required.All prices shall be written legibly. 40 In case of discrepancy between price in written words and the price in written 41 numerals,the price in written words shall govern. 42 43 12.3. Bids by corporations shall be executed in the corporate name by the president or a 44 vice-president or other corporate officer accompanied by evidence of authority to 45 sign. The corporate seal shall be affixed. The corporate address and state of 46 incorporation shall be shown below the signature. 47 M CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 f 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder, and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids.After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH EAST I ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract, Bidder has performed a prior contract in an unsatisfactory manner,or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organization,work of a value not less than 50 35%of the value embraced on the Contract, unless otherwise approved by the City. 51 CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 2 responsive Bidder whose evaluation by City indicates that the award will be in the 3 best interests of the City. 4 5 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 9 comparable contract in the state in which the nonresident's principal place of 10 business is located. 11 12 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 13 to be awarded, City will award the Contract within 90 days after the day of the Bid 14 opening unless extended in writing. No other act of City or others will constitute 15 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 16 the City. 17 18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 19 20 18. Signing of Agreement 21 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 22 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 23 Contractor shall sign and deliver the required number of counterparts of the Agreement to 24 City with the required Bonds, Certificates of Insurance,and all other required documentation. 25 City shall thereafter deliver one fully signed counterpart to Contractor. 26 27 28 END OF SECTION fi NI CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.tis/forms/CIQ.pdf 12 13 littp:Hw�vNv.ethics.state.tx.us/forms/CIS.pdf 14 15 CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 EET CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 —!'&—Jy*s Co-3 r. LLL By; G N,-N 'D 28 Company (Please Print) 29 30 o ad k /C> 3 S-� Signature: 31 Address 32 33 0 -12- 7 l y Title: Ili C c-- �jtc'Frv,vri r- 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH EAST lar STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised March 27,2012 CITY PROJECT NO.00145 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager C1o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: East 1st Street Water and Sewer Improvements East First Street from Beach Street to Oakland Boulevard City Project No.: 00145 Units/Sections: Water Improvements Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, - or corporation. I 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Form Revised 20120327 CITY PROJECT NO.00145 A' DO 4100 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution,Urban and Renewal, 12-inch diameter and smaller b. Sanitary Interceptors,Urban/Renewal,54-inch and smaller C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) 4 f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 3513 `If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. r CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Form Revised 20120327 CITY PROJECT NO.00145 F 00 41 00 BID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> Total Base Bid<use this if applicable,otherwise delete> k, -51 Alternate Bid<use this if applicable,otherwise delete> $0.00 Deductive Alternate<use this if applicable,otherwise delete> $0.00 Additive Alternate<use this if applicable,otherwise delete> $0.00 Total Bid 5/ / �/ •�� 7. Bid Submittal This Bid is submitted on Month Day,Year by the entity named below. Respectfully submitted, Receipt is acknowledged of Initial the following Addenda: By: L�'t-�t�G Addendum No. 1: +� (Signature) Addendum No.2: .� Addendum No.3: G� P. Addendum No.4: q (Printed Name) \\�����ruuulrrrrr,��� Title:. V l tilr,e¢:J+ �t— .`` e161al Cpl ��',, Company: TSS Co�rK. G.-•a?- ?�a&e9. j:G0 f- Address �. o k�: k i a ,7 q Co_ Cu FAL State of Incorporation: La: •.,,,,•.••'OQ, `���� b 19 20 Email: Your Email Address Here I Gfarr��/eT Phone: Your Phone Number Here 8f�•-`,fid�-8*/ END OF SECTION CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Forth Revised 20120327 CITY PROJECT NO.00145 OD 424301D FORMPp"1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No.I BidList Item No. Description Specification Unit of Bid Quantity Unit Price Bid Value Unit 1-Water Improvements P253-604170014583 1 3311.0451 12"DIP Water 3311 10 LF 225 S Z/ 77Y 2 3311.0452 12"DIP Water CSS Backfill 3311 10 LF 22 /oS 2.1/c. - 3 3 /c.3 3311.0461 12"PVC Water Pie 3311 12 LF 1,776 5+ 7 0 4 3311.0462 12"PVC Water Pie CSS Backfill 3311 12 LF 132 112, 5 3311.0361 10"PVC Water Pie 3311 12 LF 23 5/5- ' o sam 6 3311.0261 8"PVC Water Pie 3311 12 LF 55 Yl> 2 z o o - 7 3311.0161 6"PVC Water Pie 33 11 12 LF 98 -5- 8 8 3312.3005 12"Gate Valve 33 12 20 EA 11 Z 0,00 9 3312.3003 8"Gate Valve 33 12 20 EA 1 //o o //oo' 10 3312.3002 6"Gate Valve 33 12 20 EA 5 75--0 3 7Sn 11 3312.0105 Connection to EAslin 12"and Smaller Water Main 33 12 25 EA 8 .3,vc> Zoe- 12 3201.0611 6"Conc Pvmt Repair 32 01 29 SY 71 &0 13 3216.0102 7"Conc Curb and Gutter 32 16 13 LF 35 3 0 0�o 14 3201.0121 4'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 1,002 - S -72 15 3305.0109 Trench Safe 33 05 10 LF 2,095 16 3312.2001 1"Water ServiceMeter Relocation 33 12 10 EA 12 Zo e 2 o a- 17 3312.2003 1"Water Service 33 12 10 EA 8 15 2.ooa- 18 3312.2203 2"Water Service 33 12 10 EA 1 /5 sal .Sa_ 19 3304.01012"Temporary Water Service 330430 LS 1 65-6 - Gy2+o 20 3213.0508 4'Barrier Free Ramp,Type H 32 13 20 EA 1 Do Q,Oc� 21 0241.1205 12"and Smaller Water Abandonment Plug 0241 14 EA 5 413Z, 2.50 22 10241.1001 Water Line Grouting 0241 14 CY 41 //0 - 1/-$- 23 / /o23 0241.1305 Remove 12" and Smaller Water Valve 0241 14 EA 4 Z00 $�- 24 0241.1510 Salvage Fire HVdrant 0241 14 EA 1 Z-•c- Z Sa �r 25 3312.0001 Fire Hydrant 33 12 40 EA 5 Z.s�` / �"- Yi` 26 3292.0400 Seeding, romulch 32 92 13 SY 926 ,zS //_ 27 3331.3401 Ductile Iron Fittin s33 11 11 TON 4 d/o'� /B coo - 28 3305.0103 ExploratoryExcavation of Existin Utilities 33 05 30 EA 1 goy 6 ro 29 3471.0001 Traffic Control 3471 13 MO 4 13n 6�a SUBTOTAL-UNIT 1 27 Z Yog Unit 2-Sanitary Sewer Improvements P258-704170014583 1 3331.4208 12"Sewer Pi PVC 33 31 20 LF 1,494 2 3331.4212 12*DIP Sewer 3311 10 LF 318 95--_ 302.10' 3 3331.4213 17 DIP Sewer CSS Backfill 3311 10 LF 42 /,(- 4 3331.4115 8"Sewer Pi PVC 33 31 20 LF 368 33- 17- 8oY- 5 3339.1001 4'Manhole 33 39 10 33 39 20 EA 7 -2700 - 6 3339.1002 4'Drop Manhole 33 39 10 33 39 20 EA 2 -5-5-10- - 7 3339.1003 4'Extra Depth Manhole 33 39 10 33 39 20 VF 44 le, -' 7 ZL0- 8 3301.0101 Manhole Vacuum Testing 33 01 30 EA 9 /00 9 3305.0112 Concrete Collar 33 05 17 EA 9 33-D 11{ 3339603i S-o 10 3339.0001E Manhole Liner 33 39 60 VF 33 W _ 4 11 3331.3101 4"Sewer Service 3331 50 EA 1 00 12 3331.3102 4"Sewer Service2-Way Cleanout 33 31 50 EA 1 15Q- t O" 13 3331.4101 4"Sewer Pipe 33 31 20 LF 67 14 0241.2107 16"and Larger Sewer Abandonment Plug 0241 14 EA 6 0 15 10241.2106 15"and Smaller Sewer Abandonment Plug 0241 14 EA 3 , V0_ 15-00 - 16 00 '16 0241.2001 Sanitary Line Grouting 0241 14 CY 212 110- 35 20 17 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 2 140D 18 3301.0001 Pre-CCN lnspqction 33 01 31 LF 3,321 d•!;O cx 30.2•.Sb 19 3301.0002 Post-CCN Inspection 33 01 31 LF 2,288 A.0d - 20 3305.0109 Trench Safety 33 05 10 LF 2,222 A4.00 21 9999.0001 Connection to SSMH structure 03 80 00 EA 1 V.- o O 22 9999.0002 SSMH Stntcture Ad'ustment to Grade 03 80 00 EA 2 00 J s p0 23 3201.0121 4'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 536 - Al A17.2 24 13137.0105 Medium Stone Riprap,grouted 313700 § 1 37 00SY 18 t� 25 3292.0400 Seeding,H romulch 32 92 13 SY 1 017 /. Jt /• a 26 13471.0001 Traffic Control 3471 13 1 MO 1 2 0 '00•- SUBTOTAL-UNIT 2 dq o 7 SUBTOTAL-UNIT 1 -7 SUBTOTAL-UNIT 2 O TOTAL BID I 913 CITY OF FORT WORTHSTANDMD CONSTRUCTM SPECIFICAT"DOCWENTSF-Rw4"d 20121727 EAST 1ST STREETWATER AND SEWER n1PROVEMENTSCm'PROJECT No.00143 00 43 37 BID FORM Page 1 of 1 1! SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders.This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. " A. Nonresident bidders in the State of ;State H¢fe dr our our principal place of business, are required to be %Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank,our principal place of business, are not required to underbid resident bidders. B. The principal place of business o�our company or our parent company or majority owner is in the State of Texas.1R\ BIDDER: Company Name Here By: Printed Name Here - Address Here ��—/Y Address Here or Space (Signature) City,State Zip Code Here Title: Title Here D ox lo3q� Date: \- \- 12, END OF SECTION CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Form Revised 20120327 CITY PROJECT NO.00145 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor.The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/tmpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH EAST IT STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should:(1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalifrcation Application. A Bidder Prequalif cation Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. r 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. { 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH EAST 1sT STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER PARPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 a ° �N C11 Y OF FORT WORTH EAST1sTSTREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 00 45 12 BID FORM Page 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution,Urban and Renewal, 12-inch diameter and smaller Sanitary Interceptors, Urban/Renewal, 54-inch and smaller The undersigned hereby certifies that the contractor and/or subcontractors described in the table above are currently prequalified for the work types listed. Q4,,r�' �> , p�11 BIDDER: By: Printed Name Here Company Name Here (Signature) Address Here Address Here or Space Title: Title Here City,State Zip Code Here Date: J DK oJq< END OF SECTION CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Form Revised 20120327 CITY PROJECT NO.00145 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , Mark only one: Q Individual Q Limited Partnership Name under which you wish to qualify ®General Partnership M Corporation _ aLimited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone Fax E-mail Address Area Code Number Area Code Number Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: 'BIDDER PREQUALIFICATION APPLICATION" EAST 1ST STREET WATER AND SEWER IMPROVEMENTS CITY PROJECT NO.00145 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm. (Check the block(s)which are applicable-Block 3 is to be left blank if Block 1 and/or Block 2 is checked) has fewer than 100 employees and/or has less than $6,000,000.00 in annual gross receipts OR does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development,24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission, Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV,42-inches and smaller CCTV, 48-inches and smaller Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller EAST I ST STREET WATER AND SEWER M PROVEMENTS CITY PROJECT NO.00145 r r F MAJOR WORK CATEGORIES, CONTINUED Sewer CIDP,42-inches and smaller Sewer CIDP,All Sizes Sewer Collection System,Development, 8-inches and smaller ,r Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller r- Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction(10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction(10,000 square yards and GREATER) Roadway and Pedestrian Lighting EAST 1 ST STREET WATER AND SEWER IMPROVEMENTS CITY PROJECT NO.00145 1.List equipment which you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present business name? List previous business names 3.How many years experience in construction work has your organization had: (a)As a General Contractor: (b)As a Sub-Contractor? 4. *What projects has your organization completed in Texas and elsewhere? LOCATION NAME AND DETAILED CONTRACT CLASS OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL AMOUNT WORK COMPLETED STATE TO WHOM YOU REFER * If requalifying only show work performed since last statement. 5. Have you ever failed to complete any work awarded to you? If so,where and why? 6. Has any officer or owner of your organization ever been an officer or owner of another organization that failed to complete a contract? If so, state the name of individual, other organization and reason. EAST 1 ST STREET WATER AND SEWER IMPROVEMENTS CITY PROJECT NO.00145 t 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of individual,name of owner and reason. �8. In what other lines of business are you financially interested? 9.Have you ever performed any work for the City?If so,when and to whom do you refer? 10. Give names and detailed addresses of all producers from whom you have purchased principal materials during the last three years? NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION YEARS OF MAGNITUDE AND IN WHAT CAPACITY OR OFFICE CONSTRUCTION TYPE OF WORK EXPERIENCE EAST 1ST STREET WATER AND SEWER IMPROVEMENTS CITY PROJECT NO.00145 13.If any owner, officer, director,or stockholder of your firm is an employee of the City,or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child,or parent of an owner,officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: State of Incorporation State of organization Date of Incorporation Date of organization Charter/File No. Is partnership general,limited,or registered limited liability partnership? President Vice Presidents File No. (if Limited Partnership) General Partners/Officers: Limited Partners(if applicable): Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If an LLC: Individuals authorized to sign for partnership: State of Incorporation: Date of Organization: {File No. Officers or Managers(with titles, if any): Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of ..the corporate resolution,corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. EAST 1ST STREET WATER AND SEWER UVIPROVEMENTS CITY PROJECT NO.00145 14.Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together.If your firm has more than 30 types of equipment,you may show these 30 types and show the remainder as "various". The City,by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. EAST 1ST STREET WATER AND SEWER IMPROVEMENTS CITY PROJECT NO.00145 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as wall as any depository,vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force,necessary to verify said statement. ,being duly sworn,deposes and says that he/she is the of ,the entity described in and which executed the foregoing stsatement that he/she is familiar with the books of the said entity showing its financial condition;that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. EAST 1ST STREET WATER AND SEWER M PROVEMENTS CITY PROJECT NO.00145 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL PFWO Page 1 of 1 1 SECTION 00 45 40 2 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal !' 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 12% of the total bid (Base bid applies to Parks and 16 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 17 project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; - 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed opy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid 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 Utilization Form,if participation is less than the bid 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 Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH EAST 1sr STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised August 17,2012 CITY PROJECT NO.00145 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 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. 00145. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 By: 13 Company (Please Print) 14 15 R 0 Signature: 16 Address 17 18 Title: L/i c Pr rte.d 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 . D, a V 0,2,,e— ,known to me to be the person whose name is 28 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 29 the act and deed of Li-C–for the purposes and 30 consideration therein ex ressed and in the capacity therein stated. I 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 33 ,20.J. I 34 35 36 8103/l8/0l'dx3'ww00�(w ZIF � 37 SVX31 d0 'w `� Notary blic in and for the State of Texas 38 011gnd ti8i0N SNI)IMVH VaNAI 39 SECTION 40 i I I CITY OF FORT WORTH EAST 1sT STREET STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SEWER IMRPOVEMENTS Revised July 1,2011 CITY PROJECT NO.00145 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on " is made by and between the City of Forth 4 Worth, a Texas home rule municipality, g b ffa"Iff through its duly authorized City Manager, 5 ("City"), and Tejas Commercial Construction,LLC, authorized to do business in Texas,acting 6 by and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Construction of Water and Sewer Improvements on East 1" Street from Beach Street to Oakland 16 Boulevard 17 City Project#: 00145 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 180 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 Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTH East First Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:00145 Revised August 17,2012 005243-2 Agreement Pale 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Five Hundred Nineteen Thousand Two Hundred 39 Fifty-three and 25/100....................................................................Dollars 40 ($519,253.25). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH East First Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:00/45 Revised August 17,2012 005243-3 Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective ever, if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act,omission or neeliunce of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH East First Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:00145 Revised August 17,2012 005243-4 Agreement Page 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 129 Contractor: Citof sort Worth Tejas Commercial Construction, LLC. B JJ B �c.������ Fernando Costa �: Assistant City Manage (Signature) Date L / Attest: (Printed Name) City Secretary p0000+ �a, (Seal) �o� U104 Title: &A <.� ��e��.�� a Address: PO Box 10395 M&C °a00000* 'p Fort Worth,TX 76114 Date: City/State/Zip: Approved as to Form and Legality: yw c.(u UV �-A II.Yr Date glas W � Assistant City Attorney 130 131 132 APPROVAL RECOMMENDED: 133 134 1 135 (�•/ 136 Doug W,)Viersig, P.E. 137 DIRECT-OR, 138 Transportation Public Works 139 OFFICIAL RECORD CITY SECRETARY FT. WOWNr TX CITY OF FORT WORTH East First Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#:00/45 Revised August 17,2012 Bond No. 4389740 0061 14-1 PAYMENT BONI) Pave I 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, Teias Commercial Construction, LLC, known as "Principal" herein, and g SureTec Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Five Hundred Nineteen Thousand Two Hundred Fifty-three and 25/100 13 Dollars ($519,253.25), lawful money of the United States, to be paid in Fort Worth, Tarrant W County. Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 day of ___ MAR_0_2013____, 20 , 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 Construction of Water and Sewer Improvements on East l" 22 Street front Beach Strect to Oakland Boulevard, City Proiect#: 00145. 23 NOW, THEREFORE, TI lE CONDITION OF 1.1-I1S OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 fierce 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 WORT II hiv h niStrcrt hoipimoiwnn STANDARD CONSTRUCTION SPFCIFICATION DOCUNIENT'S CIn Pru/,•rt> 01114'.i Re%isedJuly I.2011 0061 14-2 PAYMENT BON, D Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the AR 0 52013day of 3 —120 eicial Co y : Olk :o - PRINCIPAL: m = Teias Commercial Construction, LLC 'r= ATTEST: �t` s BY: C� 19 20 0 �. Signature �``� Charles Allen Vice President (Principal)Secretary Name and Title Address: P.O. Box 10395 River Oaks, Texas 76114 Witness as to Arincipal SURETY: SureTec Insurance Company ATTEST: B Signature Kimberly Morrissette Attorney-in-Fact (Surety)Secretary Name and Title Address: 5741 Legacy Dr.#210 41n� Plano,Texas 75024 Witness as to Surety Telephone Number: 469-241-1488 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 I END OF SECTION 12 CITY OF FORT NORTH East Firm 3rreer bayarmYatems STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Clay Project e:On S Revised July t.2011 Bond No. 4389740 0061 l3-l PERFORMANCE BOND Page 1 of 2 t SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Telas Commercial Construction,LLC.,known as"Principal"herein and 8 SureTec Insurance Company a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 1 I pursuant to the laws of Texas,known as"City"herein, in the penal sum of,Five Hundred 12 Nineteen Thousand Two Hundred Fifty-three and 25/100.................................... 13 Dollars($519,253.25), lawful money of the United States,to be paid in Fort Worth,Tarrant 14 County,Texas for the payment of which sum well and truly to be made, we bind ourselves, our 15 heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these 16 presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the day of MAR U 5 202 , 20,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 Construction of Water and Sewer 22 Improvements on East V Street from Beach Street to Oakland Boulevard, City Project#: 23 00145 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 27 specifications,and contract documents therein referred to,and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH East First Street lmprotyrrjems STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cin,Project b:011145 Revised July 1.201 l 006113-2 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 MAR 0 5 2013 day of 6 ,28 �•� oercja/� 7 y .'G ; PRINCIPAL: 8 GS Tejas Commerical Construction, LLC 10 BY 12 6 .��' .signature 13 ATTEST: '�r9, 2009 1400\`,\ 15 Charles Allen -Vice President 16 (Principal)Secretary Name and Title 17 18 Address: P.O. Box 10395 19 River Oaks, Texas 76114 21 �-- 22 Witness as to Principal 23 SURETY: 24 SureTec Insurance Company 25 26 27 B 28 Signature 29 30 Kimberly Morrissette Attorney-in-Pact 31 Name and Title 32 33Address: 5741 Legacy Dr.#210 34 /� 1/ „/J�. Plana, Texas 75024 35 36 37 Witness as to Surety Telephone Number: 469-241-1488 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 East F1rar Saes/mpwowrPsemi STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City N*cr N:0!1143 Revised July 1,2011 Bond No. 4389740 00610-1 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 8 That we Teias Commercial Construction.LLC, known as"Principal"herein and 9 SureTec Insurance Company a corporate surety(sureties,if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of Five Hundred 13 Nineteen Thousand Two Hundred Fifty-three and 25/100................................... Dollars 14 ($519253.25), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we 16 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of MAR 0 5 2013 ,20_, which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 22 materials,equipment labor and other accessories as defined by law,in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work")as provided for in said contract and designated as Construction of Water and 25 Sewer Improvements on East V Street from Beach Street to Oakland Boulevard. 26 City Proiect#: 00145; and 27 28 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans,specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two(2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 32 CITY OF FORT WORTH East First Street/mprowmenu STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00,Project M:DO/45 Revised July 1.2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the City of the need therefor at any time within the Maintenance 3 Period. 4 5 NOW THEREFORE,the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by City,to a completion 7 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 8 full force and effect. 9 10 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 13 the Surety under this Maintenance bond;and 14 15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division;and 18 19 PROVIDED FURTHER,that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH East First Street lmprowrnten►s STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project k:t)0145 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 or3 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 day of 296 ,20 l iG. fP1j1j 5 GO�tPO,p_� �,�,'TeasCommercial Construction, LLC 7 9 SFS, .. n BY: 10 ��' •... .. ..••� Signature 11 ATTEST: 19 200 12 13 Charles Allen Vice President 14 (Principal)Secretary Name and Title 15 16 Address: P.O. Box 10395 17 River Oaks,Texas 76114 18 19 20 Witness as to P ' cipal 21 SURETY: 22 SureTec Insurance Company 23 24 25 By,-&-lW444 26 Signature 27 28 Kimberly Morrissette Attomey-in-Fact 29 ATTEST: Name and Title 30 31 Address: 5741 Legacy Dr.#210 32 (Surety S clary Plano, Texas 75024 33 �s! 34 (((��i� 35 Witness as to Surety Telephone Number: 469-241-1488 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 Emi Firm Street/mproiv aaenrs STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 0.On/43 Revised July 1,2011 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.b(.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------- Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA 8: 4221485 SureTec Insurance Company # LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents a make,constitute and appoint Lynda P.Hawkins, Debra Leigh Hughes,Chris Lynn Holt,Mark Mitchell,Kimberly Morrissette its true and lawful Attorney-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 to include waivers to the conditions of contracts and consents of surety for: Three Million and 00/100 Dollars($3,000,000.00) and to bind the Company thereby as frilly and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force_until 12/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is - hereby vested with full power and authority to appoint any one or more suitable persons as Attonrey(*in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Anorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or 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 binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and 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 signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20*of April, 1999.) In Waness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal - to be hereto affixed this 11th day of December ,A.D. 2012 . S��cF SURETEC=PANY By: ~ n John o1 Jr., resident State of Texas ss: r County of Hams / = On this mh day of December,A.D. 2012 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by Wee order. `;o,'RY•4I�n JACQUELYN MAIDONADO •:' Notary Public,State of Texas My Commission Expires acq ely aldo ado,Notary Public `` May 18.2013 y comm sion ex ' s May 18,2013 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. / Given under my hand and the seal of said Company at Houston,Texas thisw day of/1 A.D. ar 41A M. Brent Beaty,Assistant Secretary instrument issued in excess of the penalty stated above is totally void and without any validity. F verification of the authority of this power you may call(713)812.0800 any business day between 8:00 am and 5:00 pm CST, ■AC�JRO® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/13/2013 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 Adrienne Moss NAME: Sun West Insurance Agency, Inc. PHONE (817)261-1101 AX AIC No:(817)261-1120 600 Six Flags Dr. , Suite 102 EA-DORLE •adrienne@sun-westins.com INSURERS AFFORDING COVERAGE NAIC N Arlington TX 76011-6322 INSURERA:United Fire 6 Casualty Company 13021 INSURED INSURERB:Texas Mutual Insurance Company 2945 Tejas Commercial Construction, LLC INSURER C: PO BOX 10395 INSURER D: INSURER E: River Oaks TX 76114 INSURER F: COVERAGES CERTIFICATE NUMBER:CL12103102296 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDDNYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ■ X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrAGE TO ence) $ 100,000 A CLAIMS-MADE FxlOCCUR 60421686 11/8/2012 11/8/2013 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICv PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000 000 ■ A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 60421686 11/8/2012 11/8/2013 AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident ■ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DEO I X I RETENTION$ 10,OOC 60421686 11/8/2012 11/8/2013 $ B WORKERS COMPENSATION x WC STA7U- O R AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) SF0001217793 11/8/2012 1/8/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 III If yes describe under DESCRIP rION OF OPERATIONS below harles Allen6Philip Rojo E.L.DISEASE-POLICY LIMIT $ 1 000 000 4 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space is required) Re: Project No. 00145 Water S Sewer Improvements East First Street from, Beach Street to Oakland Boulevard e The general liability policy includes a blanket automatic additional insured endorsement CG7152 0611 that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability ■ and workers' compensation policy includes a blanket automatic waiver of subrogation endorsement that 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 FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Adrienne Moss/ADR ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. I N S 0 2 5(201005)01 The ACORD name and logo are registered marks of ACORD COMMENTS/REMARKS ■ provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. The general liability policy contains a special endorsement with "Primary" wording. 4 ■ ■ OFREMARK COPYRIGHT 2000, AMS SERVICES INC. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................l 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 l Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—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 Article6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH EAST 1ST STREET r STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS I Revision:August 17,2012 CITY PROJECT NO.00145 r 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule.......................... ...........................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others..................................................................:.24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 - 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee........................ 32 .................................................. 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit... .................. ....................................................................................................34 ` 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site........................................... 35 ........................................................................ 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data............................... ........................36 t. ......................................................................... 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders................................................. .......................................................................36 8.06 Inspections,Tests,and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program........... ...................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 .� 9.01 City's Project 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 EAST 1ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 Ma Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price;Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 rt: 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 a,. CITY OF FORT WORTH EAST IST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 r 00noo-1 General Conditions Page 1 of 63 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 EAST 1ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER MIPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 007200-1 General Conditions Page 2 of 63 MR 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date .� of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract.Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time---The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. �- CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 007200-I General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined,shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 29. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly ` appointed representative,assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price,Contract Time,or the intent of the Engineer. 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 EAST I ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 007200-1 General Conditions Page 4 of 63 ,.r 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item–An Item of work included in the Contract Documents that has a total cost equal �. to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46.Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and 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. -F 50. Plans–See definition of Drawings. CITY OF FORT WORTH EAST 1ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54.Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to.time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:Augur 17,2012 CITY PROJECT NO.00145 007200-1 '+ General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater,storm water,other liquids or chemicals,or traffic or other control systems. d" 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. Mo 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday,as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH EAST I ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS d% Revision:August 17,20I2 CITY PROJECT NO.00145 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—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 EAST 1 ST STREET STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS WATER AND SEWER IMPROVEMENTS Revision:August 17,2012 CITY PROJECT NO.00145