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Contract 44282
1 CtrY ETA takmaNatt I FORT WORTH { CITY SECRETARY PROJECT MANUAL D 01, FILE FOR CONTRACTOR'S BONDING CO-THE CONSTRUCTION OF n CONSTRUCTION le�Boulevard Water&Sanitary Sewer Relocations Phase II PILIFNT 1P:P-FP�rtTMENT Water Project No.P253-609170143487 Sewer Project No.P258-709170143487 City Project No.01434 AND Sanitary Sewer Rehabilitation Contract LVI(56), Part 3, Main 42 and 205 Drainage Area i Sewer Project No.P258-709170102987 City Project No.01029 Betsy Price Tom Higgins Mayor City Manager S. Frank Crumb,t'..E. Director,Water Department Prepared for The City of Fort Worth Water Department .. . JOS i�J R.ATKI. � r...: .... ... ..... .:...o tA , 8537G �� Conformance November 2012 Specifications ppp- Kimley--Horn and Associates, Inc. Texas Registered Engineering Firm F-928 OFFICIAL RECOY CITY seC '"R, RECEIVED MAR 15 2013 FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Vickery Boulevard Water & Sanitary Sewer Relocations Phase 11 Water Project No.P253-609170143487 Sewer Project No.P258-709170143487 City Project No.01434 AND Sanitary Sewer Rehabilitation Contract LVI(56), Part 3, Main 42 and 205 Drainage Area Sewer Project No.P258-709170102987 .City Project No.01029 Betsy Price Tom Higgins Mayor CityManager S. Frank Crumb,F.E. Director, Water Department Of T 1 Prepared for The City of Fort Worth * Water Department �JON R.ATKINS . . � o . 85376 Conformance November 2012 t o' Specifications ,•�_8: �Z Kimley-Horn and Associates, Inc. Texas Registered Engineering Firm F-928 0000 00-1 TABLE OF CONTENTS Page I 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 00 43 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 0045 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 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 0061 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 -General Requirements 28 01 11 00 Summary of Work 29 01 2500 Substitution Procedures 30 01 31 19 Preconstruction Meeting 31 01 31 20 Project Meetings 32 01 32 16 Construction Progress Schedule 33 01 32 33 Preconstruction Video 34 01 3300 Submittals 35 01 35 13 Special Project Procedures 36 01 45 23 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 5526 Street Use Permit and Modifications to Traffic Control 39 01 57 13 Storm Water Pollution Prevention Plan 40 01 58 13 Temporary Project Signage 41 01 6000 Product Requirements 42 01 66 00 Product Storage and Handling Requirements 43 01 7423 Cleaning 44 01 77 19 Closeout Requirements 45 01 7823 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 48 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 0uy Project No.01029 000000-2 TABLE OF CONTENTS Page 2 of 3 1 General Specifications which have been modified by the Engineer specifically for this 2 Project; hard copies are included in the Project's Contract Documents 3 4 Division 01 —General Requirements 5 01 71 23 Construction Staking and Survey 6 7 Technical Specifications which have been modified by the Engineer specifically for this 8 Project; hard copies are included in the Project's Contract Documents 9 03 30 00 Cast-in-Place Concrete 10 33 05 17 Concrete Collars 11 33 05 26 Utility Markers/Locators 12 13 Technical Specifications listed below are included for this Project by reference and can be 14 viewed/downloaded from the City's Buzzsaw site at: 15 16 hilps://pro1ectpoint.buzzsaw.com/clientlfortvi,ot-thgol,/Resources/02%20- 17 %20Construction%20Documents %20Specifcations 18 19 Division 02 - Existing Conditions 20 0241 14 Utility Removal/Abandonment 21 0241 15 Paving Removal 22 23 Division 03-Concrete 24 03 30 00 Cast-In-Place Concrete 25 0334 13 Controlled Low Strength Material (CLSM) 26 03 34 16 Concrete Base Material for Trench Repair 27 28 Division 31 - Earthwork 29 31 2500 Erosion and Sediment Control 30 31 Division 32 - Exterior Improvements 32 32 01 17 Permanent Asphalt Paving Repair 33 3201 29 Concrete Paving Repair 34 32 12 16 Asphalt Paving 35 32 13 13 Concrete Paving 36 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 37 32 14 16 Brick Unit Paving 38 32 16 13 Concrete Curb and Gutters and Valley Gutters 39 32 17 23 Pavement Markings 40 32 92 13 Hydro-Mulching, Seeding, and Sodding 41 42 Division 33- Utilities 43 33 01 30 Sewer and Manhole Testing 44 33 01 31 Closed Circuit Television(CCTV) Inspection 45 33 03 10 Bypass Pumping of Existing Sewer Systems 46 33 04 30 Temporary Water Services 47 33 04 40 Cleaning and Acceptance Testing of Water Mains 48 33 05 10 Utility Trench Excavation, Embedment, and Backfill 49 33 05 13 Frame, Cover and Grade Rings 50 3305 14 Adjusting Manholes, Inlets, Valve Boxes,and Other Structures to Grade Vicken-Boulevard Water and Sanitar_v Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Server Rehab Contract L 17(56),Part 3 Revised August I,2011 Cin,Project No.01029 000000-3 TABLE OF CONTENTS Page 3 of 3 1 33 05 30 Exploratory Excavation for Existing Utilities 2 33 11 10 Ductile Iron Pipe 3 33 11 11 Ductile Iron Fittings 4 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 5 33 12 10 Water Services 1-inch to 2-inch 6 33 1220 Resilient Seated Gate Valve 7 33 1225 Connection to Existing Water Mains 8 33 1240 Dry-Barrel Fire Hydrants 9 3331 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 10 3331 50 Sanitary Sewer Service Connections and Service Line 11 33 39 10 Cast-in-Place Concrete Manholes 12 33 39 20 Precast Concrete Manholes 13 33 39 60 Epoxy Liners for Sanitary Sewer Structures 14 15 Division 34-Transportation 16 3471 13 Traffic Control 17 18 Appendix 19 GC-4.01 Availability of Lands 20 GC-4.02 Subsurface and Physical Conditions 21 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 22 GC-6.07 Wage Rates 23 GC-6.09 Permits and Utilities 24 GR-01 60 00 Product Requirements 25 26 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase!/ CITY OF FORT WORTH City Project No.0/434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Salutary Sewer Rehab Contract LV/(36),Part 3 Revised August 1,2011 City Project No.01029 M&C Review Pagel of 3 Official site of the City of Fort Woith,Texas CITY COUNCIL AGENDA FORTH COUNCIL ACTION: Approved on 2/19/2013 - Ordinance No. 20632-02-2013 & 20633-02-2013 DATE: 2/19/2013 REFERENCE NO.: C-26120 LOG NAME: 60VICKERY- CONATSER CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP in the Amount of $1,505,525.00 for Water and Sanitary Sewer Main Relocations on West Vickery Boulevard, South Jennings Avenue, Lipscomb Street and West Daggett Avenue, Provide for Project Costs and Contingencies for a Project Total of$1,591,691.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer in the amount of$1,654,691.00 from the Water and Sewer Fund in the amounts of$556,309.00 to the Water Capital Projects Fund and $1,098,382.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$556,309.00 and Sewer Capital Projects Fund in the amount of$1,098,382.00 from available funds; and 3. Authorize the execution of a contract with Conatser Construction TX, LP in the amount of $1,505,525.00 for Water and Sanitary Sewer Main Relocations on Vickery Boulevard, Jennings Avenue, Lipscomb Street and West Daggett Avenue. DISCUSSION: This project consists of the replacement of the deteriorated water and sanitary sewer mains located on the following streets: Street From Po- West Vickery Boulevard South Jennings Avenue St. Louis Avenue South Jennings Avenue West Daggett Avenue West Vickery Boulevard Lipscomb Street West Daggett Avenue West Vickery Boulevard West Daggett Avenue Lipscomb Street South Jennings Avenue The project was advertised for bid on November 8, 2012 and November 15, 2012, in the Fort Worth Star-Telegram. On December 13, 2012, the following bids were received: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17992&councildate=2/19/2013 3/15/2013 M&C Review Page 2 of 3 117- lolude 11 1Amount I ��n�c vv Com lon etl lConatser Construction TX, LP $1,505,525.00 200 Calendar Days Ark Construction, Inc. $1,824,148.00 Atkins Brother, Inc. $2,061,809.00 William J. Schultz, Inc. d/b/a $2,194,051.00 Circle "C" , Construction, Co. M/WBE Office: Conatser Construction TX, LP is in compliance with the City' s M/WBE ordinance by committing to 16 percent MBE participation on this project. The City's MBE goal on this project is 15 percent. In addition to the contract cost $41,000.00 (Water: $24,000.00, Sewer: $17,000.00) is required for construction staking, project management, material testing and inspection and $45,166.00 (Water; $15,504.00, Sewer: $29,662.00) is provided for project contingencies. The project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1_&2) 1) PE45 538040 0609020 $556,309.00 P253 476045 6091701434ZZ $556.309.00 2) PE45 538040 0709020 $1,098,382.00 1&2) P258 476045 7091701434ZZ $1,098.382.00 5000.00 P253 541200 609170143483 $516.805.00 P253 531350 609170143452 $988,720.00 P258 541200 709170143483 P253 511010 609170143480 3 000.00 2) $532.309.00 P253 541200 609170143483 4 P253 531200 609170143484 000.00 P253 531350 609170143484 2 000.00 P253 531350 609170143485 $10.O00.00 P258 531350 709170143452 3 000.00 P258 511010 709170143480 5 000.00 2) $1,018,382.00 P258 541200 709170143483 2 P258 531200 709170143484 000.00 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17992&councildate 2/19/2013 3/15/2013 M&C Review Page 3 of 3 2 P258 531350 709170143484 000.00 P258 531350 709170143485 5 000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Roberto C. Sauceda (2387) 11 1-11--.1 ......... ... ._ ..... ..... 1111 .. .. _ .... ....... .......- _ . _ ........ ATTACHMENTS 60VICKERY-CONATSER MAP.pdf 60VICKERY-CONATSER P253 AO13.doc 60VICKERY-CONATSER P258 AO13.doc http://apps.cfwnet.org/council_packet/mc review.asp?ID=17992&councildate=2/19/2013 3/15/2013 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I of l 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase// CITY OF FORT WORTH City Project No.0/434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV/(56),Part 3 Revised August 1,2011 City Project No.01029 000515-1 ADDENDA Page l of 1 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION IVickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Pan 3 Revised August I,2011 City Project No.01029 1 0011 '`:: , INVITATION TO BIDDERS Pagel ' ' 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Vickery Boulevard Water and Sanitary Sewer Relocations 5 Phase II—City Project No.01434/Water Project No. P253-609170143487/Sewer Project 6 No. P258-709170143487 and Sanitary Sewer Rehabilitation Contract LVI(56),Part 3,Main 7 42 and 205 Drainage Area—City Project No.01029/Sewer Project No. P258-709170102987 8 will be received by the City of Fort Worth Purchasing Office: 9 10 City of Fort Worth I l Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth,Texas 76102 14 until 1:30 P.M.CST,Thursday, December 13,2012,and bids will be opened publicly and read 15 aloud at 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 0 16"Water Line—912 LF 20 0 12"Water Line—83 LF 21 • 8"Water Line— 1397 LF 22 • 6"Water Line—66 LF 23 0 12"Sanitary Sewer Line—2235 LF 24 • 10"Sanitary Sewer Line—293 LF 25 • 8"Sanitary Sewer Line—2340 LF 26 • 8"Sanitary Sewer Line by Other than Open Cut—426 LF 27 28 PREQUALIFICATION 29 The improvements included in this project must be performed by a contractor who is pre- 30 qualified by the City at the time of bid opening.The procedures for qualification and pre- 31 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 32 33 DOCUMENT EXAMINATION AND PROCUREMENTS 34 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 35 of Fort Worth's Purchasing Division website at http://www.fortworth og v_org purchasing/and 36 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 37 Contract Documents may be downloaded, viewed,and printed by interested contractors and/or 38 suppliers. 39 40 Copies of the Bidding and Contract Documents may be purchased from Kimley-Horn and 41 Associates, Inc., 801 Cherry Street, Suite 950, Fort Worth, Texas, 76137 between the hours of 42 7:30 am to 5:30 pm M-Th and 7:30 am to 11:30 am on Fri.: 43 44 The cost of Bidding and Contract Documents is: 45 Set of Bidding and Contract Documents with full size drawings: $60 46 47 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 48 City reserves the right to waive irregularities and to accept or reject bids Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.0/434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 2 INQUIRIES 3 All inquiries relative to this procurement should be addressed to the following: 4 Attn: Robert Sauceda,City of Fort Worth 5 Email: Robert.Sauceda(fortworthgov.org ■ 6 Phone: (682) 432-5478 7 AND/OR 8 Attn: John Atkins, P.E.,Kimley-Horn and Associates, Inc. 9 Email: John.Atkins@kimley-horn.com 10 Phone: (817) 335-6511 11 12 ADVERTISEMENT DATES ' 13 November 8. 2012 14 November 15, 2012 15 None 16 END OF SECTION ■ ■ ■ ■ Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 002113-1 INSTRUCTIONS TO BIDDERS Pagel of 9 I SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership,company,association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 I 15 1.2.2. Nonresident Bidder: Any person, firm,partnership,company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 I 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are I36 not prequalified(even if inadvertently opened)shall not be considered. 37 38 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 39 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 40 45 11,BIDDERS PREQUALIFICATIONS. 41 42 3.2.1. Submission of and/or questions related to prequalification should be addressed to 43 the City contact as provided in Paragraph 6.1. 44 45 Vickery Boulevard Water and Sanitary Sewer Relocations Phase// CITY OF FORT WORTH City Project No.0/434 I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV/(56),Part 3 Revised August 1,2011 City Project No.0/029 002113-2 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. Study all: (i)reports of explorations and tests of subsurface conditions at or ■ 34 contiguous to the Site and all drawings of physical conditions relating to existing 35 surface or subsurface structures at the Site(except Underground Facilities)that 36 have been identified in the Contract Documents as containing reliable"technical ■ 37 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 38 at the Site that have been identified in the Contract Documents as containing 39 reliable"technical data." ■ 40 41 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 42 the information which the City will furnish. All additional information and data 43 which the City will supply after promulgation of the formal Contract Documents • 44 shall be issued in the form of written addenda and shall become part of the Contract 45 Documents just as though such addenda were actually written into the original 46 Contract Documents. No information given by the City other than that contained in 47 the Contract Documents and officially promulgated addenda thereto, shall be 48 binding upon the City. 49 ■ Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LPI(56),Part 3 • Revised August 1,2011 City Project No.01029 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. 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 4.1.7. 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 4.1.8. 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 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 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 ■ Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.0/434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Seiver Rehab Contract LVI(36),Part 3 • Revised August 1,2011 City Project No.01029 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth,TX 76102 16 Attn: Robert Sauceda, Water Department 17 Fax: (817) 392-8195 18 Email:Robert.Sauceda@fortworthgov.org 19 Phone: (817) 432-5478 20 21 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 City. 23 24 6.3.Addenda or clarifications maybe posted via Buz zsaw at 25 26 https://projectpointbuzzsaw.com/client/fortworthgov/Infrastructure%20Projects/01434 27 %20-%20Vickery%20Blvd•020Water%20and%20Sewer%20Relocations 28 29 https:llprojectpoint.buzzsaw.com/clientlfortworthgovIInfrastructure%2OProjects/01029 30 %20-%20Sanitary%20Sewer%20Rehabilitation%20Contract%2056%20PT%203 31 32 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 33 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 34 Project. Bidders are encouraged to attend and participate in the conference. City will 35 transmit to all prospective Bidders of record such Addenda as City considers necessary 36 in response to questions arising at the conference. Oral statements may not be relied 37 upon and will not be binding or legally effective. 38 39 7. Bid Security 40 41 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 42 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 43 the requirements of Paragraphs 5.01 of the General Conditions. 44 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August I,2011 City Project No.01029 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete R 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times .. 10 The number of days within which,or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the f 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract,if awarded, will be on the basis of materials and equipment described in the ■ 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City,application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General 26 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with City Ordinance No. 15530(as amended), the City has goals for 31 the participation of minority business and women business enterprises in City 32 contracts.A copy of the Ordinance can be obtained from the Office of the City 33 Secretary.The Bidder shall submit the MBE/WBE Utilization Form, 34 Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or 35 Good Faith Effort Form(with"documentation)and/or Joint Venture Form as 36 appropriate. The Forms including documentation must be received by the City no r 37 later than 5:00 P.M.CST, five(5)City business days after the bid opening date. The 38 Bidder shall obtain a receipt from the City as evidence the documentation was 39 received. Failure to comply shall render the bid as non-responsive. 40 41 11.2. No Contractor shall be required to employ any Subcontractor,Supplier, other person 42 or organization against whom Contractor has reasonable objection. 43 44 12. Bid Form 45 46 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe 47 obtained from the City. 48 ■ Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.0/029 ■ 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder,and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation"BID ENCLOSED"on the face of it. 50 Vickery Boulevard Water and Sanitary Sewer Relocations Phase// CITY OF FORT WORTH City Project No.0/434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV!(56),Part 3 Revised August 1,2011 City Project No.01029 ■ 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of9 1 14. Modification and Withdrawal of Bids 2 ' 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may,at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between,the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 ■ ■ Vickery Boulevard Water and Sanitary Sewer Relocations Phase Il CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors,Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders, proposed Subcontractors,Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase If CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 . 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 3 l SECTION 00 35 13 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.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 CIQ Form is on file with City Secretary 16 �. 17 0 CIQ Form is being provided to the City Secretary 18 19 [] CIS Form is on File with City Secretary 20 21 F-1 CIS Form is being provided to the City Secretary 22 , 23 24 25 BIDDER: 26 27 C01011j;&C Sa&+,fliZt f , r �-1 BY: rY 2 Y 28 Company 413lea rint) 29 30 P I5 L{L4 Signature: 31 Address 32 1--.� - . Title:J- b Y1 34 City/State/Zip (Please Print) 35 36 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 003513-2 CONFLICT OF INTEREST AFFIDAVIT Page 2 of 3 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local govemmental entity rhe gUntlonnwn roneela dnngn maw to the tarn by 11-5.1431.I;to Leg_Regular setaion_ OFF10EUSEOhNLY This questionnaire is being filed in nonadance with Chapter 170,Local Government Code Oft Reece by a persernwdno has a business relationship as defined by Section 179.00 1(1-a)v+M alocal gevermnertal entity and the person meets requirements under Section 175.009(a). By taw this quesfiarnaire mustbe filed with the records administrator ofthe local gnvernmertal entity not Uterfhmr the7th business day afterthe date the person becomes aware of facts that require the statement to be filed.See Section 179-009,Loral Govemmert Code_ A person c ornmiis an offense if the person knowingly violates Section 179.D09.Local Ciovemment Code.An offense underthis secfim is a Class C misdemeanor. U Name of person who has a business cell ationship with local governmental entity. /v A ❑ Check this box ifyou art filing an update to a previousy filled quesfi mnaire. (The law requires that You file an updated completed questionnaire with the aWrapriate filing authority not later than the 71h bu sows day ar er the dace the orig:rally tied yuesfionnake becomes incomplete or inaccurAs-) Mame of focal goverrmert officer with whom filer has employment or business relationship. Name of Officer This section(item 3 including.subparts lir B.C&0) must be completed for each officer with whom the file has an errployawnt or odner business relationship as defined by section 176.901(1,1).Local Goverment Cole_Attach additional pages to this Fpm CIO}as necessary. A. is the loci govemmertt alfNw named in fhs seem receiving or likely to receive taxable income,odw than invesonent income.Ilam the Her of the quesbo nnanre? Yes a No B is the tier of the quesbormaire rreceMW or likely to receive taxable income,other than inweslment hoome.tram or at fire direction of the local government officer named in this section AND the taxable income is not received from the local govemnetat e� Yes No C- Is the filer of fits gcesbormaie employed by a corporation or oh"business entity with respect to which the local govemnrert officer serves as an officer or director,or holds an amusship of 10 percent or more? Yes F-1 No U Describe each employment or business relationship wMh the tical goverrvnent officer named in this section. 4 S ming-•�--uM tee 9rwenunertal ermty oats _ Adopted OSI29 2007 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 003513-3 CONFLICT OF INTEREST AFFIDAVIT Page 3 of 3 3 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT pr»ructons forcomplelin g and lift this foam are provided on the nein page-) Than quesbonnohe ranocte changes made to the law by N.O.1451,teeth Leg-, RKeLar Smalon- CWFICE l{BEOMY This is the notice to the appropriate local governmental entity that the following local governmentofficerhas.becomeawareoffactsthatrequiretheoi6ceriofilethisstatenmNA cOftR�f'�d in accordance with Chapter 178.Local Government Cada t Name of Local Government Officer ALJl 21 Office Held 3 Name of person described by Sections 176.002(a)and 176.003(a).Local Government Code a Description of the nature and extent of emptoymentorother business relationship with person named in item 3 s List gifts accepted by the local government officer and any family member,excluding gifts described by Section 176.003(a-1),if aggregate value of thegifts accepted from person named in item 3 exceed$250 during the 12-month period described by Section 178.003(a)(21t8) Date Gift Accepted Description dff3ift Date Gift Accepted Description of 60 t� Dale GiRAoaepted Desc iption of Gift (attach additional fomes as necessary) c AFFIDAVIT I swear under penalty or perjury that the above statenw t 1s true and correct t ackno Ledge M N*wsdomre appem to a tamly member(as oennea by Secoon 176.MI12L Lame favemmad Cone)of Iris loran govamiau oleoeL I also artnualedrge 019 U"Statement Dawns the 12-UM la perlod desaioed by Section tia.tit3laj,Lo=Gcirerr><cerrt Cade Slgla>t m of LUcar Guvemmerd 0mcer AFFIr[ NOTAatY aTAUP/ deAL ABOVE .Swam ib and w0strbed heme,nr.by the said tms nw dar or.�2LL .to esrWrhkJkWies nq grand and seat arallcs 542nnaer aroracv admUdsteeiV cam Fdnted mmnm o9olaceradminlstea[1a mar TWe of bMcer admldsle&M oath Adopted 06MW2W7 ) 2 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 4 FOR: Vickery Boulevard Water and Sanitary Sewer Relocations Phase II&Sanitary Sewer Rehabilitation Contract LVI(56),Part 3,Main 42 and 205 Drainage Area City Project No.: 01434&01029 * Units/Sections: All 1. Enter Into Agreement s The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1.In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance " certificate meeting all requirements within 14 days of notification of award. 2.3.Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4.Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5.Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6.Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. r 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. s 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. Vickery Blvd Water and Sanitary Sewer Relocations Ph.11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 Form Revised 20120801 City Project No.01029 004100 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,30-inch and smaller r b. Sewer Collection System,Urban and Renewal, 12-inch and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 200 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. p 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 b. Required Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. Ph c.Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 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. PE 7. Bid Submittal This Bid is submitted on 12/13/2012 by the entity named below. IM Respectfully b tte Receipt is acknowledged of the following Addenda: Addendum No. 1:✓ lP (Signature) Addendum No.2:✓ Addendum No,3: Jerry Conatser lAddendurn No.4: (Printed Name) Vickery Blvd Water and Sanitary Sewer Relocations Ph.II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 ,,' Form Revised 20120801 City Project No.01029 00 41 00 BID FORM Page 3 of 3 FE Title:President Company:Conatser Construction TX,LP Corporate Seal: Address: PO Box 15448 Fort Worth,Texas 76119 i State of Incorporation: Texas Email:ierrv[a conatser.com Phone: 817!534-1743 END OF SECTION r a>f r r r Vickery Blvd Water and Sanitary Sewer Relocations Ph.II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 Form Revised 20120801 City Project No.01029 00-42 43 BID PROPOSAL Page 1 of 2 • SECTION 00 42 43 PROPOSAL FORM-ADDENDUM NO.3 a UNIT PRICE BID Bidder's Application s Project Item Information Bidder's Proposal Bidlist Item Specification Unit of s No Description Section No. Measure Bid Quantity Unit Price Bid Value Vickery Boulevard Water Relocations Phase 11,Section A - - 1 3311.0141 6"Water Pipe _. ._ _..,.._1111_. _. .1111_.._ _ 1111... 1111..._..33 1112 1111..._ LF_.._ 1111__.70. -_. _. $45.00_ S3t150.00 3311 0241 8 Water Pipe.._ ,..1111... _, 33 11 12 LF 1400 $50.00 -$,,70,000.00 .... _._ _. 11...1.1_..._ ._......_ _.._. ........ .._ ._....... .. . ....._.__..... . _3_..___.....3311.0441 12"WaterP r_.__._._._._..__....._.____........._._.___..... 33.11 12._.._..... LF 85 $65.00 $S SZ5.00 ...__... _.1111__1111.-----........____.._ .__ _._:__._ AA 3311.0541 16"Water Pi -Ductile Iron Pi _ - 33 1110 LF _ 915 _•4B 3311.0541 16"Water Pi -PVC Pressure Pipe 33 1112 LF 915 $90.00 S82,350.00 *Contractor to provide Unit Price/Bid for only one of the pipe material alternatives for item 4. DON PROVIDE UNIT PRICEIBID FOR EACH ALTERNATIVE 5..._1111._.3312.3002. 6"Gate Valve., 33 12 20 EA 3 $1,000.00 S3 000.00 .._.._._.__..___..._..........1111_..-....._._.___.._........_..._.._.._._._....._....___-.._.._......... .._._.._.__.__.._....._.a..._....__... 6 3312.3003 8"Gate Valve 33 12 20 EA 8 S1200.00 S9 600.00 1111 ._....,_....._..�.. 11,11 � m ..�,_,. 1111.� _. _ __. 7 3312 3005 12"Gate Valve 33 12 20 EA 1 $1,850.00 51,850.00 m-1111 __ 1111.___ ....1111. ....1111 ..._ 1111.___ .. 8 3312 3006 16"Gate Valve w/Vault 33 12 20 EA 3 511,500.00 $34,500.00 ..... . . .. ... . .. ......_.. __,.... ..... .._ 1111.1111. ... 1111........... 1111_ . ... _9......._....3312.4004 .8"x 8"Tapping.SlI Sye&Valve._..___..__...._...._.._____.................____..._._33 12 25 .1111 E!.___.....___..l_.__._..____........_......--- $4000.00_-- 1111$41000:00 _,- 10 3312.4306 30"x 16"Tapping_Sleeve&Valve 33 12 25 EA _ 1 X20 000.00_ S2_Or000.00 11 3312.0103 Connection to Existing 8 Water Main 33 12 25 EA.._. 1 Sl 200 00 _ 51200.00 1111_ 1111_ _. 12 . 3312.0105..Connection to Existing 12. Water Main 33 12 25 EA 1 $2,000 00 2000 .. ..... ... ..-_....... . .1---... ........ ....... .._ .1111.. 13-111. 3312 0001 ,_Fire H 33 1240 EA 3 $2 600.00 $7 800.00 _....._.., ...___._..._... ..__. .____....___._._... _.. ._._...._ .__z. 1111.. 11.11...._ 14 3311.0001 Ductile Iron Water Fittings _ 33 I 1 1]mm___TON 5 $5 000.00 $25 0x.._00.00 15 3312 2001__.._V Water Service,Meter Relocation 111 1111 _. ....___....__1111 1111. 33 12 10-_____ EA ._. _ 17 _ _ 5500.00 ___E8,500.00 3312 2003 1 Water Service 33 12 10 EA 17 $3 000 00 $51,000 00 __.....-. . ._..-.1-- ..... __......... .._1111_ ._ .......... .. ......._.__.._ _ ...._. .. 1111_ .... .... . 1111 17 1111..._3312.2101 _1,112".Water Servicer Meter Relocation 33 12 10 ._1111...EA_1111._ 5... _..._.._.5600 M __53.000:00 18 3312.2103 1 1/2"Water Service 33 12 10 EA 5 _ $3,500.00 $17,500.00 .� 1111 .._ _ w.._._..__._.... .___` _^ 1111___ ___.._.._. _1111... f1JF 19 0241 1001 Water Line Grouting 02 41 14 CY 75 $160 00 $12000.00 20 0241 1107 18 Pressure Plug _ 02 41 14 EA 1 $1000 O• $1000.00 1111... .......... _..._._...�____....__._ ..__ .......1111.. _..__........... . ....1111_. .. ....... .............r_. 1111.. 21 024].1352 18"Water Valve__.___.__...._.._..._...___.______..._._..._.....__..............024114._.__._.._._.. EA 1 $1200.00...____ _x1,20000 _22 3305.0103 Ex ]oratory Excavation of Existing_Utilities _ 33 05 30 EA I_ 5500.00 $500.00 23 3305 0109 Trench Safety 33 OS 10 LF 2465 $2.00_ $4,930.00 1111... 24 3201 0113 6 Wide Asphalt Pvmt Repar,Residential 32 Ol 17 LF 550 $40 00 $22,000 00 1111. 1 1 1 1.... - ..... . .......... . _........ 25 3201.0117 10'Wide Asphalt Pvmt Repair,Residential 32 Ol 17 LF 450 $50.00 $22 500.00 .._ 1111__ _ __. _.. _ ___._._.._ ....._._....._._ _ ._. ....._...._ 1111. 00 26 3201.0201 AMhalt Pyond Defined Wid Redenti22 $8.00 sial 32 Ol 17 SY 75 $1,8 200.00 vmt Repair Be ._._ 1111, 27 3201.0613 8"Conc Pvmt Repair 32 Ol 29 SY 1435 55000 $71,750.00 __..._._.. ._ 1111._ --- _- ._ ._.... . - 28 3216 0101 6 Conc Curb and Gutter 32 16 13 LF 25 530.00 $750.00 ....... ........-. 1.1.11. ...1..._1....1 1.. ...... ...---1111... ..--_.......... ........._..._..__ .1111. .... .110 29._._..._.3471.0001 Traffic Control�__.. . . 34 71 13 MO 3 J4,000.00 $12,000.00 ._...._.,......___..._._..__.__...._._._..._._..._._.___..__..._._1..........1_._.._.._.._.....__._...___..__..._.._._1111_._..__..._.._._..... .._ _..._..._„•..__.._..._2,00 IN Total Bid Section A=$ $516,805.00 Vickery Boulevard Sanitary Sewer Relocations Phase II,Section B 13331.4115 8"Sewer Pipe 33 31 20 LF 320 $70.00 $22,400.00 2 _--3331.4208__122'SewerP _ - .........._.._....._.._� ._ 33 31 20 LF 670 $85.00 556,950.00 3 3331 4208._ 12"Sewer.I i -_PVC Pressure_Pipe ,,._.._ 33 11 12 _LF - 1250 $90.00 $112,500.00 33 39 10,33 39 4 3339.1001 4'Manhole ------20 EA 11 - _ $_3,.000,.00 533 000.00 33 39 10,33 39 5 3339.1002 4'Drop Manhole 20EA 5 54,000.00 $20,000.00 3339 10,3339 6 3339.1003 4'Extra th Manhole _ 20 VF 84 W_ $160.00 $13440.00 - . ---.7, 3339.Ml Epoxy Manhole Liner._____.._ 1,111._ 33 39 60 VF 195 $175.00_ 534 125.00 _ .. _ .._ _- _ 8. 33-0.1.91.01 Manhole Vacuum Testing 33 Ol 30 EA 14 $100.00 $I�00.00 - __. . . _ 9 0241 2201 Remove 4'Sewer Manhole 02 41 14 EA 6 $300.00 51,800 00 1111.._ 1111____1-21_�_.._.____-___.______._ ___1111__ 1111____.__.__...__ __ _ 1111__ -- _ _ 11111111 _ 10 333(.3201 6"Sewer Service _ _ 33 31 50 EA 1 52,000.00 52,000.00 11 3331.3301 8"Sewer Service 33 31 50 _ EA 1 __.._.__.. $3 000.00 $3 000.00 _.. 1111__, ___._.__.._,._.__._.._... z _ 12 0241.2001 Sanitary Line Grouting 02 41 l4 Cy- 35 5160.00 $5,600.00 _. _.. 13 0241.2102 6 Sewer Abandonment Plug_ 02 41 14 EA 1 $500.00. .11 1 -- 241.21.____ S!n!.W__ .___.R_.._._ -__111 1. .._....._. ___ _._.__... _ w 14 3301.0001 Pre-CCTV Inspection ______330131 LF 1105 $3.00 $3 315.00 3301.0002 Post-CCTVVInspcection ^---�^ T 330131 LF 2150 .. ..._$2.001111___ S43�.00 �.__ ___ ____ -_ __..___ 16 3305.0103 Exploratory Excavation of Existing Utilities 1111 330530 EA 2 $500.00 _ $1,000.00 Vickery Blvd Water and Sanitary Sewer Relocations Ph.11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Conn=56,Pan 3 tf Form Revised 20120801 City Project No.01029 00 42_43 BID PROPOSAL Page 2 of 2 w SECTION 00 42 43 PROPOSAL FORM-ADDENDUM NO.3 UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of No. Description Section No. Measure Bid Quantity Unit Price Bid Value 17 3305 0109 Trench Safes33 05 10 LF 2240 $3 00 $6 720.00 18 3201 0113 6'Wide Asphalt Pvmt Repair Residential 3201 17 LF 430 $40 00 $17�OO.170 _ _ _ - ____ _ 19 3201.0117 10'Wide Asphalt Pvmt Repair,Residential 32 01 17 LF 445 $50.00 $22,250.00 . ..... ...... ....__...... ._........... ._._ ... ... _.. 20 3201 0201 Asphalt Pvmt Repair Beyond Defined Width,Residential 32 01 17 SY 2275 $8 00 $18 200.00 _.. _. _. ..___.._._ ..._ .__... ...... 213213 0401 6 Concrete Driveway, _________-321320 - SF 110 $1000 --- $. 1-00.00 _ 22 -3292 0400 Seeding,Hydromulch 32 92 13 SY 240 .- $2 00 - _.$4800.00 _...._____ _......... ......_._ _ ......._..._____ __._.__.-_ . __ .-_-____ _ ..-. ..... _.-..... 23 3216.0101 6"Conc Curb and Gutter 32.1613 LF 10 30.00 $300.00 .......... ._ . ........._. .......... ._. .............. ..... .. . ..__... .. ..._._........ .. ............. ...... -S _ .. __......... 24 3471.0001 Traffic Control 3471 13 MO 3 $4,000.00 $12,000.001 Total Bid Section B=$ $393,580.00 Contract LVI(56),Part 3 1 3331.4119 6"DIP Sewer Pipe___.._- 33 11 10 _. _ LF._._.._. 870 ---- .__....._.. $90.00 _..._._.__..__$78 300.00 2 3331.4115 8"Sewer Pipe - 33 31 20 LF 1305 $85.00 -- $110,925.00 3 3331.4201 10 Sewer Pipe - 33 31 20 LF 295 _5105.00 $30,975.00 4 3331 4208 12 Sewer Pipe 33 31 20 LF 315 $125 00 $39,375.00 33 39 10,33 39 ■ 5 3339.1001 4'Manhole __-_ - 20 EA_ 21 $3,_000.00 -___$63,000.00 33 39 10,33 39 6 3339.1003 4'Extra Depth Manhole 20 VF 3.1 $160 00 $4 960.00 ._._-.1-1.1-_...... .. ...... ....... _... ... .._....._ _._...,.... ...._...._._. ... .. ._ ..... ....... ...._......_..... .._..-_..,.. ......_.._.__._ ..... .r ....... 7 3301.0101 Manhole Vacuum Testing.__..__ _........_..._..._. ,.__._._...._.. _ ._...33 0130 EA 21 .-_. ._._..._._. __._...__._. 8 0_ S4,500.009 Remove 4'Sewer Manhole _- - _ 02 41 14 EA 15 _ $300.00 S4, 0.00 9 3331.3101 4"Sewer Service 33 31 50 EA 80 $1,200.00 $96,000.00 _.. __. .__..._ _.,. __ .. ._. __ 10 0241.2001 Sanitary Lme Grouting 0241 14 CY 30 $160.00 $4 800.00 11 3301_0001 Pre-CCTV Inspection 330131 LF 3130 $3.00 S9Z390_00 .. _... __ _ _._.. . _-_. _____ _____. .__ ..__ _ .__.___ ._. -__ _ 12 33010002 Post-CCTV Insrection33 01 31 L_F 3130 $2.00____ 13 3305.0103 Exploratory_Excavation of Existing Utilities 33 OS 30 EA 5 $500.00 $2,500.00 14 3305 0109 Trench Safety 3305 10 LF 3130 $3700 -$9#390.00 15 3201.0117 10 Wide Asphalt Pvmt Repair,Residential 3201 17 LF 745 $50 00 $37 250.00 ._.......-__-.___..___ __._._ _ _._ _._.,.. _._.._. _. _ .....__....................._.. _--- __--_- -- __._._...-., Is 16 3201.0614 9"Conc P� v_mt Repair _ 32 01 29 SY 1206 $55.00 $66,330.00 17 3213_0401_.6"Concrete Drivewa 32 13 20 SF 750 _ _ _ $10.00 E7 500.00 Y .._ _ _-- --_--.--__ -�---- -_ 18 3216.0102 7 Conc Curb and Gutter 32 16 13 LF 240 $30 00 $7,200.00 .........._ .._....... .. ...._.... ....... .__........_. 19 3201.0301 4"Conc Sidewalk 32 16 13 SF 205 $5.00 $1,025.00 20 3214.0100 BrickPvmt 32 14 16 SY 8 $100.0_0 $800.00 21 3292.0100 Block Sod Placement 3292 13 SY 2 $10.00 V _$20.00 -__..___......_.-___..._...____.. _.-___._..__._ ...._.__ __ .__...._.__._.__..__.__._..__... _ _._�_. _ _____ .._.. ...._._.._..,.___.._..._..___._.___ ___.. . ._ _. ._.__ 22 3292.0400 Seeding,Hydromulch 329213 SY 350 $2.00 $700.00 ......._....._........._............................_.._..................._.....-...................................._............_..........._..............._....................__...... ......._.... .........._............... .........................................._........................................_....... ... 23 3471.0001 Traffic Control 3471 13 MO 2 $4,000.00 $8,000.00 24 9999.0000 Gravel Alle;7j;air 000000 SY 320 $12.00 $3,840.00 Total Contract 56,Part 3 Bid=S $595,140.00 Total Water Phase II Section A = $ $516,905.00 Total Sewer(Phase II Section B&Contract 56 Part 3 = $ S988,720.00 Grand Total Water and Sewer= $ $1,505,525.00 ■ Vickery Blvd Water and Sanitary Sewer Relocations Ph.II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 Form Revised 20120801 City Project No.01029 00 43 13 BID BOND Page I or I rr SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) hereinafter called the Principal,and(Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas,hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which stun will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Vickery Boulevard Water and Sanitary Sewer Relocations Phase H&Sanitary Sewer Rehabilitation Contract LVI(56),Part 3,Main 42 and 205 Drainage Area NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal,this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2012. F By: (Signature and Title of Principal) *By: (Signature of Attomey-of-Fact) 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION ■ Vickery Blvd Water and Sanitary Sewer Relocations Ph.11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 Form Revised 20120801 City PmjW No.01029 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction,improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A.Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. P B.The principal place of business of our company or our parent company or majority owner is in the State of Texas. 19 BIDDER: Company:C01VA'+ -e r• ttitTn TXt Lf By: Address: I0 bo.4 15y4g Fo r.L w o"th (Signature) ►"�Flo I lit Title: P(PSid Qn�— Date: END OF SECTION Vickery Blvd Water and Sanitary Sewer Relocations Ph.If CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract 56,Part 3 Form Revised 20120801 City Project No.01029 004511-1 BIDDERS PREQUALIFICATIONS Page l 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. a 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com: 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. Vickery Boulevard Water and Sanitary Sewer Relocations Phase H CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August I,2011 CityProject No.01029 s 0045 11-2 BIDDERS PREQUALIF[CATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State ` 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. _ 9 (4) Financial Statements must be presented in U.S.dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should:(1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be a 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 ■ 004511-3 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 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August I,2011 CityProject No.01029 r +� 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s)listed. 6 Major Work Type Contractor/Subcontractor Company Prequalification Name Ex iration Date Water Distribution, Urban and ■ Renewal, 30-inch and smaller f T L P 30 ab Sewer Collection System, Urban and Renewal, 12-inch and smaller C0 r i LPPHI-30J,;03 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 n 14 (.Ott'YALSO'(' (LY S'tl'LL(_-Li By:By: , Y' l e r 15 Company ( I Pri 16 17 .5�� Signature: 18 Address 19 20 l�'1rt �� „. �X o I l Itle: Pres ;de n t 21 City/State/Zip (Please Print) 22 23 Date: 24 25 END OF SECTION 26 f Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.0!029 r I �)/p FORT WORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , r Mark only one: Q Individual Limited Partnership Name under which you wish to qualify QGeneral Partnership r 0 Corporation Limited Liability Company r rPost 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 a 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" 0045 13— BIDDER 3-.BIDDER PREQUALIFICATION APPLICATIOt Page 2 of 8 w 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 CIDP, 12-inches and smaller Sewer CIDP,24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED[INSERT REVISION DATE] 0045 13-3 BIDDER PREQUALERCATION APPLICATION Page 3 of 8 - MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP,42-inches and smaller _T Sewer CIDP,All Sizes Sewer Collection System,Development, 8-inches and smaller 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 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 CITY OF FORT WORTH fTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 16CVISED[INSERT REVISION DATE] 004513-1 BIDDER PREQUALIFICATION APPLICATIOi Page 4 of 8 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. If so,where and why? complete a contract? If so, state the name of individual,other organization and reason. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state he name of individual,name of owner and reason. 18. In what other lines of business are you financially interested? Have you ever performed any work for the City?If so,when and to whom do you refer? 1 10.Give names and detailed addresses of all producers from whom you have purchased principal materials during the last three ears? NAME OF FIRM OR COMPANY DETAILED ADDRESS 11.Give the names of anj affiliates or relatives currently debarred by the City. Indicate your relationshi2 to this eerson or firm. 72. What is the construction experience of the principal individuals in your organization? YEARS OF PRESENT POSITION CONSTRUCTION MAGNITUDE AND NAME OR OFFICE EXPERIENCE TYPE OF WORK IN WHAT CAPACITY SA CITY OF FORT WORTH TANDARD CONSTRUCTION SPECIFICATION DOCUMENTS .EVISED July 1,2011 0" 004513-t BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REVISED July 1,2011 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ oft TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 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. CITY OF FORT WORTH ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS EVISED July 1,2011 00 45 13-; 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 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 01434& 01029.Contractor further certifies that,pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 'P 10 I tser �S•>✓nrr .�anT+T By: Je-r�- L°o a.tSCr 12 Company (P e Int) 13 �} 14 9 0. tB i 1 ,94'48 Signature: 15 Address �. 16 17 GQt+—!�0ftM. 'rX 11p l`q Title: r D«-SO 0 F, 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 Y. 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 eCc�,l )C ,known to me to be the person whose name is 27 subscribeh to the foregoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of('bmisQ r OxsWA tS'&n TY- L IO for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3' � day of 32 celnnbe Y 201a 33 , �. 34VICKI L.OLSON �� 35 `" "'° Stat®of Texas :�`•' `.'�'P Notary Public. 36 = : My Commission Expires Notary Public in and for the State of Texas November 12, 2013 37 38 END OF SECTION 39 Vickery Boulevard Water and Sanitary Sewer Relocations Phase// CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 i` FORT WORTH City of Fort Worth Disadvantaged Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is$25,000 or more,the DBE goal is applicable. If the total dollar value of the contract is less than$25,000,the DBE goal is not applicable. POLICY STATEMENT ,t It is the policy of the City of Fort Worth to ensure the full and equitable participation by Disadvantage Business Enterprises(DBE) in the procurement of all goods and services to the City on a contractual basis. The objective of the Policy is to increase the use of DBE firms to a level comparable to the availability of DBEs that provide goods and services directly or indirectly to the City. All requirements and regulations stated in the City's current Disadvantage Business Enterprise Program apply to this bid. i DBE PROJECT GOALS i The City's DBE goal on this project is 15 %of the base bid value of the contract. COMPLIANCE TO BID SPECIFICATIONS On City contracts of$25,000 or more,bidders are required to comply with the intent of the City's DBE program by either of the following: 1. Meet or exceed the above stated DBE goal,or; 2. Good Faith Effort documentation,or; 3. Waiver documentation,or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated,in order for the entire bid to be considered res nsive to the specifications. he.'.]il> c3. shm! relit&ijbi6 ZISE'dnciiment.#i�ip 4� 1. Subcontractor Utilization Form, if received by 5:00 p.m., five (5) City business days after the bid I� goal is met or exceeded: opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form,if participation is opening date,exclusive of the bid opening date. less than statedgoal: 3. Good Faith Effort Form,if no received by 5:00 p.m., five (5) City business days after the bid participation: opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form: received by 5:00 p.m., five (5) City business days after the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if goal is met or received by 5:00 p.m., five (5) City business days after the bid exceeded: opening date,exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S DBE PROGRAM,WILL RESULT IN THE BID BEING I� CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817)392-6104. Rev. 11/11/05 N 005243-1 ,\greement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 19 Februn 2013 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Conatser Conctruction TX, LP, authorized to do business in Texas, acting by and 6 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 I I 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 Vickea Boulevard Water and Sanitary Sewer Relocations Phase II&Sa»itary Sewer 16 Rehabilitation Contract LVI(56). Part 3 17 City Pro_j No. 01434& 01029: Water No. P253-6^9170143487:Sewer No. P258-709170143487 18 &P258-709170102987:DOE No. 4608&6020 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 200 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred Fitts Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVi(56),Part 3 Revised August 1,2011 City Project No.01029 i 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of One Million five hundred five thousand, five hundred 40 twenly five Dollars($1,505,525.00). 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 speck) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds • 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. • 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of ' 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 Vickery Boulevard{Pater and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 ■ Revised August 1,2011 City Project No.01029 00 52 43 3 z Agreement Page 3 44 77 Article 6. INDEMNIFICATION 78 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 79 expense, the city, its officers, servants and employees, from and against any and all 80 claims arising out of, or alleged to arise out of, the work and services to be performed 81 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 82 under this contract. This indemnification provision is specifically intended to operate 83 and be effective even if it is alleged or proven that all or some of the damages being 84 sought were caused, in whole or in part, by any act,omission or negligence of the city. 85 This indemnity provision is intended to include, without limitation, indemnity for 86 costs,expenses and legal fees incurred by the city in defending against such claims and 87 causes of actions. 88 89 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 90 the city,its officers,servants and employees,from and against any and all loss,damage 91 or destruction of property of the city,arising out of,or alleged to arise out of,the work 92 and services to be performed by the contractor, its officers, agents, employees, 93 subcontractors, licensees or invitees under this contract. This indemnification 94 provision is specifically intended to operate and be effective even if it is alleged or 95 proven that all or some of the damages being sought were caused, in whole or in part, 96 by any act,omission or negligence of the city. y 97 98 Article 7. MISCELLANEOUS 99 7.1 Terms. 100 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 101 have the meanings indicated in the General Conditions. 102 7.2 Assignment of Contract. 103 This Agreement, including all of the Contract Documents may not be assigned by the 104 Contractor without the advanced express written consent of the City. 105 7.3 Successors and Assigns. 106 City and Contractor each binds itself, its partners, successors, assigns and legal 107 representatives; to the other party hereto, in respect to all covenants, agreements and 108 obligations contained in the Contract Documents. 109 7.4 Severability. 110 Any provision or part of the Contract Documents held to be unconstitutional, void or 111 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 112 remaining provisions shall continue to be valid and binding upon CITY and 113 CONTRACTOR. 114 7.5 Governing Law and Venue. 115 This Agreement, including all of the Contract Documents is performable in the State of 116 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 117 Northern District of Texas,Fort Worth Division. Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVl(56),Part 3 Revised August 1,2011 City Project No.01029 005243-4 Agreement ■ Page 4 of 4 118 7.6 Other Provisions. 119 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is • 120 classified, promulgated and set out by the City, a copy of which is attached hereto and 121 made a part hereof the same as if it were copied verbatim herein. 122 7.7 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement, if other than duly 124 authorized signatory of the Contractor. ' 125 126 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 127 counterparts. 128 129 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 130 Conatser Construction TX,LP ■ Contractor: 5327 Wichita St City of Fort Worth Ft Worth,Texas 76119 By: ,laLtYC.�.. ,�• .� .,.�. Fernando Costa By: Assistant City Manager Signa ure) e:P^ A-/-,c -.00,��Zz Date 3 ' Jerry Conatser,President of Attest: Conatser Management Group,Inc.G.P. Al� Mary yser, City ecretary,pp�►+� (Seal) Title: amp, Address: A $�A C-ZU Date: 11 Its $ 00000�°*qp ■ City/State/Zip: Approved as to Form and Legality: Date 1 W% t l M- KM Assistant City Attorney 131 ' 132 133 APPR VAL RECOMMENDED: 134 135 5 136 137 S.Frank Crumb, P.E. 138 DIRECTOR, ■ 139 OFFICIAL RECORD Water Department 140 CITY SECRETARY n woxm Tx Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVl(56),Part 3 ' Revised August 1,2011 City Project No.01029 - Bond No: 022041507 006113-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Conatser Construction '1X, LP ,known as 9 "Principal"herein and Liberty%&ual Insurance Company ,a corporate 10 surety(sureties,if more than one)duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal 13 sum of, Five = FTwe ty ive Huge LV80�'— — — Dollars 14 (S 1,505,525.00 ),lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 16 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the day of ,20_,which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 21 labor and other accessories defined by law,in the prosecution of the Work,including any Change 22 Orders,as provided for in said Contract designated as l'ickery Boulevard Water and Sanitary 23 Sewer Relocations Phase II&Sanitary Sewer Rehabilitation Contract LVI(56). Part 3;City 24 Project No. 01434&01029: Water No. P253-609170143487:Sewer No. P258-709170143487& 25 P258-709170102987:DOE No. 4608& 6020 26 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 27 shall faithfully perform it.obligations under the Contract and shall in all respects duly and 28 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 29 specifications,and contract documents therein referred to,and as well during any period of 30 extension of the Contract that may be granted on the part of the City,then this obligation shall be 31 and become null and void,otherwise to remain in full force and effect. 32 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 33 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 34 Worth Division. Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56).Part 3 Revised August 1,2011 City Project No.01029 0061 13-2 PERFORMANCE BOND I Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the I 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in S 3 accordance with the provisions of said statue. I 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 day of I 6 .20 7 PRINCIPAL: 8 Conatser Construction C LP I 9 10 11 BY: 12 ignatur 13 ATTEST: 14 Jerry Conatser, President of 15 Conatser Management Group, Inc., GP 16 (Principal)Secretary Name and Title I 17 18 Address: P. 0. Boot 15445 19 Fort Worth, 1X 76119 20 21 22 Witness as to Principal 23 SURETY: 24 Liberty Mutual Insurance CanpartY 25 26 27 BY: 1 28 S' nature 29 G1 S. Davis 30 Attorney-in-Fact 31 Name and Title 32 33 Address: 175 Berkeley Street 34 Boston, MA 02117 35 36 37 Witness as to urety Telephone Number: 97 -7-11-95RR 38 Carolyn Maples 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 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project Na.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 Bond No: 022041507 0061 14.1 PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Conatser Construction TX, LP known as 9 "Principal' herein, and Liberty Mutual Insurance Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, One Million, Five Hundred Five Thousand, 13 in the penal sum of Five rpd Tt,tentvwFive and 001100 — — — — — Dollars 14 ($ 1,505,525.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these 17 presents: 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 19 day of , 20____, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Vickery Boulevard Water and�aritaw Sewer Relocations Phase 11& 23 Sanitary Sewer Rehabilitation Contract LV1 (56). Part 3: City Project No. 01434 & 01029 : Water No. 24 P253-609170143487:Sewer No. P258-709170143487&P258-709170102987:DOE No. 4608&6020 25 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 26 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 27 Chapter 2253 of the Texas Government Code,as amended) in the prosecution of the Work under 28 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 29 force and effect. 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statute. Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01019 0061 14-2 PAYMENTBOND 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 day of ' 3 920 PRINCIPAL: ' Conatser Construction TXLP ATTEST: BY: Ve Jerry Conatser, President of Conatser Maiu-mw.nt Group. Inc., GP (Principal)Secretary Name and Title Address: P. 0. Bm 15448 Fort Wort-.h, TX 76119 � Witness as to Principal SURETY: Liberty Mutual Insurance Canpany ' e ATTEST: BY: tgn ure Glenna S. Davis Attorney-in-Fact (Surety)Secretary Name and Title Address: 175 Berkeley Street ■ CBoston, MA 02117 Witness as t urety Carolyn Maples Telephone Number: 972-233-9588 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the ■ 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. ' 10 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 ■ Revised August 1,2011 City Project No.0 102 9 Band No: 022041507 0061 19-1 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 Conatser Construction TX. LP known as 9 "Principal'herein and Lite= 14tual Tnsurance QgM= ,a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, one Million, Five Hmdred Five Mousand, 13 in the sum of Five Hundred TIwenty—Five. and 00/100 — — — —Dollars 14 ($ 1,505,525,00 ), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the day of ,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 Vickery Boulevard Water and 25 Sanitary Sewer Relocations Phase 11& Sanitary Sewer Rehabilitation Contract LV1(56). Part 3: 26 City Proiect No. 01434& 01029: Water No. P253-609170143487:Sewer No. P258- 27 709170143487&P258-709170102987:DOE No. 4608& 6020:and 28 29 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans,specifications and Contract Documents that the Work is and will 31 remain free from defects in materials or workmanship for and during the period of two(2)years 32 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 33 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Part 3 Revised August 1,2011 City Project No.01029 0061 19-2 MAINTENANCE BOND Page 2 of 3 l 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 S 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 Vickery Boulevard Water and Sanitary Sewer Relocations Phase II CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LVI(56),Port 3 Revised August 1,2011 City Project No.0/029 i r 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 ,20 4 5 PRINCIPAL: 6 Cormtsernim-ion- 7 8 9 ?errYv 10 Ig ature 11 ATTEST: Conatser, President of 12 nt G 13 Conatser � gyp, Inc., GP 14 (Principal)Secretary Name and Title 15 16 Address: p, 0. Box 1544g 17 Fort Worth, ZX 76119 18 19 20 Witness as to Principal 21 SURETY: 22 Libert Mutual Insurance 23 24 25 BY: 26 gnature 27 Glenna S. Davis, 28 Attorney-in-Fact 29 ATTEST: Name and Title 30 31 Address: 175 Berkeley Street 32 (Surety)Secretary Boston, MA 02117 33 34 35 Witness as to rety Telephone Number: 972-2339588 36 Carolyn Ma es 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 Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. Certificate No. 5591153 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,that Peerless Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companiesl,pursuant to and by authority herein set forth,does hereby name,constitute and appoint, r^aroiyamgplgg•CathyVinenn•Glanna S- Davic•Grafi A.Wkera„n•John FlWilson all of the city of Fort Worth state of TX each individually if there be more than one named,its true and lawful attomey-in-tact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this PowerofAttomey has been subscribed by an authorized offx erorofficial of the Companiesand the corporate seals of the Companies have been affixed thereto this 28th day of September 2012 , p -kY INSp e u ,ctAMFRAmerican Fire and Casualty Company �ticarl f' The Ohio Casualty Insurance Company WLiberty Mutual Insurance Company19D1SEALPeerless Insurance CompanymtrycorENE taG Q< West American Insuranceompany q�NCE 00� By: C STATE OF WASHINGTON ss Gregory W Davenport,Assistant Secretary C > > COUNTY OF KING isO L m On this 28th day of September 2012 .before me personally appeared Gregory W.Davenport,who acknowledged himself to be the Assistant Secretary of American Fire and �,W 5? Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,Peerless Insurance Company and West American Insurance Company,and that he,as such,being c £ toauthorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C CL IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington,on the day and year first above written. Q M t:V V IhA— NC3TARY = BY 41 C ` PUBLICr _ KD Riley, Public 3 lC rL x0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and ions of American Fire and Casualty Company,The Ohio Casualty Insurance r c 0— Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company,which resolutions are now in full force and effect reading as follows: +� OC F m ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 5 c to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, :6 m acknowledge and deliver as surety any and all undertakings,bonds,reeDgnizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so > D executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under d Q the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. w N �00 tARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, M and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute, 00 u seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad subject to the limitations set forth in their u T- respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so t0 executed such instruments shall be as binding as I signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes Gregory W.Davenport,Assistant Secretary to appoint such attorney-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bounds,shall be valid and biding upon the Company with the same force and effect as though manually affixed. I,David M.Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,West American Insurance Company and Peerless Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 �!AM FAQ r�t�iN3�j e sum* t xme&-?� 1801 pBy: SEAT. gSEAT, y SEAL i David M.Carey,Assistant Secretary COyl �� YfiE1lE rG9�N G4'�< r POA-AFCC,LMIC,OCIC,PIC 8 WAIC 178 Of 500 LMS 12873 041012 Liberty rty Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (55 12) 475-1771 Web: http://w�vw.tdi.state.tx.us E-mail: ConsumerProtection(Z�tdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev.7.1.07 0061 25-1 CERTIFICATE OF INSURANCE Page i of 1 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with standard 7 ACORD Certificate of Insurance form.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION Vickery Boulevard Water and Sanitary Sewer Relocations Phase 11 CITY OF FORT WORTH City Project No.01434 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehab Contract LV1(56),Part 3 Revised August 1,2011 City Project No.01029 i A� CERTIFICATE OF LIABILITY INSURANCE DATE 3YY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE . (817)457-6700 A/C No):(817)457-7246 1121 E. Loop 820 South E-MAIL ADDRESS: P 0 BOX 8720 INSURERS AFFORDING COVERAGE NAIC# ++ Fort Worth TX 76124-0720 INSURER A:Bi tuminous Fire & Marine INSURED INSURERB:Bituminous Casualty Cor Conatser Construction TX, LP INSURERC: P.O.Box 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE A B POLICY EFF POLICY EXP LIMITS M LTR POLICY NUMBER MM/DDIYYYY MM/DDNYYY GENERAL LIABILITY X X BLANKET AS REQUIRED BY EACH OCCURRENCE $ 11000,000 DAMAX COMMERCIAL GENERAL LIABILITY ITTEN CONTRACT ONLY PREMISES Ea occur ence $ 100,000 A I CLAIMS-MADE OCCUR CLP 3 574 330 /1/2012 /1/2013 MED EXP(Any one person) $ 5,000 •' X CONTRACTUAL, XCU $1,000. DED PER PROPERTY DA14AGE OCC PERSONAL&ADV INJURY $ 11000,000 X INDEP CONT, BFPD MTD POLLUTION WORK SITES GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: A OCCURRENCE & AGGREGATE1,0001000 PRODUCTS-COMP/OPAGG $ 2,000,000 POLICYLE PRO in F7]LOC $ LANKT AS REQUIRED BY AUTOMOBILE LIABILITY ]( }( COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO ITTEN CONTRACT ONLY BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AP 3 574 331 8/1/2012 /1/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident $ PIP-Basic $ X UMBRELLA LIAB X OCCUR X X 3LANKET AS REQUIRED BY EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE qRITTEN CONTRACT ONLY AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00 UP 2 800 381 8/1/2012 8/1/2013 $ B WORKERS COMPENSATION X LANKET AS REQUIRED BY X OR STATIT OTH- AND EMPLOYERS'LIABILITYEEL ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ITTEN CONTRACT ONLY E.L.EACH ACCIDENT $ 1,000,000 ■ OFFICER/MEMBER EXCLUDED? ❑ NIA` (Mandatory in NH) C 3 574 329 8/1/2012 /1/2013 E.L.DISEASE-EA EMPLOYE $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 11000,000 ■ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) VICKERY BLVD WATER & SANITARY SEWER RELOCATIONS PHASE II CITY PROJ #1434; ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn251�rMfnKlrlt Tho arnon nnma and Innn ora raniatararl mnrL-a of Ar.f'iPn STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 ® DATE(MWDD/YYYY) AC40R 0 CERTIFICATE OF LIABILITY INSURANCE 2/15/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-6700 F� No),(817)457-7246 1121 E. Loop 820 South ADoRLE SS: P 0 Box 8720 INSURERS AFFORDING COVERAGE NAIC# Fort Worth TX 76124-0720 INSURER A:Bi tuminous Fire & Marine INSURED INSURERB:Bitumincus Casualty Cor Conatser Construction TX, LP INSURER C: P.O.BOx 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY X X BLANKET AS REQUIRED BY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED7 X COMMERCIAL GENERAL LIABILITY WRITTEN CONTRACT ONLY PREMISES Ea occurrence $ 100,000 A CLAIMS-MADE Fx_1 OCCUR CLIP 3 574 330 /1/2012 /1/2013 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, XCU $1,000. DED PER PROPERTY DAMAGE OCC PERSONAL&ADV INJURY $ 11000,000 X INDEP CONT, BFPD D POLLUTION WORK SITES GENERAL AGGREGATE $ 2,000,000 GENI AGGREGATE LIMIT APPLIES PER: A OCCURRENCE & AGGREGATE .000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 POLICYFX =PR O LOC $ AUTOMOBILE LIABILITY X X BLANXT AS REQUIRED BY Ea accident) DtSINGLE LIMIT 1 00,000 X ANY AUTO WRITTEN CONTRACT ONLY BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED CAP 3 574 331 /1/2012 /1/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS i HIRED AUTOSNON-OWNED PROPERTY DAMAGE $ AUTOS Per accident) PIP-Basic $ X UMBRELLA LIAB X OCCUR X X rITTENCONTRACT ET AS REQUIRED BY EACH OCCURRENCE $ 5,000,000 B EXCESS LIAR CLAIMS-MADE ONLY AGGREGATE $ 5,000,000 DED X RETENTION$ 10,00 800 381 /1/2012 /1/2013 $ B WORKERS COMPENSATION X BLANKET AS REQUIRED BY X WC STATU- I 11TH AN THAND EMPLOYERS'LIABILITYEEL ANY PROPRIETOR/PARTNER/EXECUTIVE YIN ITTEN CONTRACT ONLY E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? F—] N f A (Mandatory in NH) WC 3 574 329 /1/2012 /1/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) VICKERY BLVD WATER & SANITARY SEWER RELOCATIONS PHASE II CITY PROJ #1434; ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025mninmmns Tho ar npini norma onrl Innn era ranic4ararl marire of arnpini STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms..............................................................................................................................1 1.02 Terminology.................................................................................................................................6 Article2—Preliminary Matters........................................................................................................................7 2.01 Copies of Documents...................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................7 2.04 Before Starting Construction........................................................................................................7 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.......................................................................................................................... 10 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......................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ........................................................................... 12 4.04 Underground Facilities.............................................................................................................. 13 4.05 Reference Points........................................................................................................................ 14 4.06 Hazardous Environmental Condition at Site............................................................................. 14 Article 5—Bonds and Insurance.................................................................................................................... 15 5.01 Licensed Sureties and Insurers.................................................................................................. 15 5.02 Performance,Payment, and Maintenance Bonds..................................................................... 15 5.03 Certificates of Insurance............................................................................................................ 16 5.04 Contractor's Insurance............................................................................................................... 18 5.05 Acceptance of Bonds and Insurance;Option to Replace.......................................................... 19 Article 6—Contractor's Responsibilities....................................................................................................... 19 6.01 Supervision and Superintendence............................................................................................. 19 6.02 Labor; Working Hours.............................................................................................................. 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 f 6.03 Services,Materials,andFquipv=t......................................................................................... 20 6.04 Project Schedule........................................................................................................................ 20 6.05 Substitutes and"Or-Equals"...................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers,and Others.................................................................. 23 6.07 Wage Rates................................................................................................................................ 25 6.08 Patent Fees and Royalties.......................................................................................................... 26 6.09 Permits and Utilities 6.10 Laws and Regulations............................................................................................................... 27 6.11 Taxes.......................................................................................................................................... 27 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............................................................................. 33 6.23 Right to Audit............................................................................................................................ 34 6.24 Nondiscrimination..................................................................................................................... 34 , Article 7-Other Work at the Site................................................................................................................. 35 7.01 Related Work at Site.............................................................,,. .. .. .......................................... 35 7.02 Coordination.............................................................................................................................. 35 Article 8-City's Responsibilities................................................................................................................. 36 8.01 Communications to Contractor................................................................................................. 36 8.02 Furnish Data.............................................................................................................................. 36 8.03 Pay When Due.................................................................................. ....... 36 .................................. 8.04 Lands and Easements; Reports and Tests ..................... 36 ' ............................................................ 8.05 Change Orders........................................................................................................................... 36 8.06 Inspections,Tests,and Approvals..............................-,..,........................................................ 36 8.07 Limitations on City's Responsibilities...................................................................................... 36 e 8.08 Undisclosed Hazardous Environmental Condition................................................................... 36 8.09 Compliance with Safety Program............................................................................................. 37 e 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................................................................................................. 37 9.04 Rejecting Defective Work................................................................. .......................................37 9.05 Determinations for Work Performed........................................................................................ 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.................... 38 Article 10-Changes in the Work;Claims; Extra Work............................................................................... 38 10.01 Authorized Changes in the Work.............................................................................................. 38 ' CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 e 10.02 Unauthorized Changes in the Work.......................................................................................... 38 10.03 Execution of Change Orders..................................................................................................... 38 10.04 Extra Work................................................................................................................................ 39 10.05 Notification to Surety................................................................................................................ 39 10.06 Contract Claims Process............................................................................................................39 Article 11 -Cost of the Work; Allowances; Unit Price Work;Plans Quantity Measurement....................40 11.01 Cost of the Work........................................................................................................................40 11.02 Allowances................................................................................................................................43 11.03 Unit Price Work.........................................................................................................................43 11.04 Plans Quantity Measurement....................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time...............................................................45 12.01 Change of Contract Price..........................................................................................................45 12.02 Change of Contract Time..........................................................................................................46 12.03 Delays........................................................................................................................................47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work.....................47 13.01 Notice of Defects.......................................................................................................................47 13.02 Access to Work..........................................................................................................................47 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...............................................................................49 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................................................................................... 51 14.01 Schedule of Values.................................................................................................................... 51 14.02 Progress Payments..................................................................................................................... 52 14.03 Contractor's Warranty of Title.................................................................................................. 54 14.04 Partial Utilization....................................................................................................................... 54 14.05 Final Inspection......................................................................................................................... 55 14.06 Final Acceptance....................................................................................................................... 55 14.07 Final Payment............................................................................................................................ 55 14.08 Final Completion Delayed and Partial Retainage Release....................................................... 56 14.09 Waiver of Claims....................................................................................................................... 56 Article 15-Suspension of Work and Termination....................................................................................... 56 15.01 City May Suspend Work........................................................................................................... 56 15.02 City May Terminate for Cause..................................................................................................57 15.03 City May Terminate For Convenience...................................................................................... 59 Article 16--Dispute Resolution.....................................................................................................................61 16.01 Methods and Procedures........................................................................................................... 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 Article17—Miscellaneous............................................................................................................................61 17.01 Giving Notice............................................................................................... .................. 61 17.02 Computation of Times............................................................................................................... 62 17.03 Cumulative Remedies................................................................................................................ 62 17.04 Survival of Obligations..............................................................................................................62 17.05 Headings.................................................................................................................................... 62 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 007200-1 GENERAL CONDITIONS Page I of 62 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics,but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bich-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. Calendar Day–A day consisting of 24 hours measured from midnight to the neat midnight. 12. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011 007200-2 GENERAL CONDITIONS Page 2 of 62 adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. 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. 14. CityAttorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager– The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 17. 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. 18. 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. 19. 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. 20. 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). 21. 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. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. 24.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. 25.Day or day–A day,unless otherwise defined,shall mean a Calendar Day. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:September 8,2011