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Contract 48579
CITYSECRaw FORT WORTH CONTRACTNO, ✓4F�F<l�. PROJECT MANUAL *> b FOR 14 THE CONSTRUCTION OF �t 6 e L g Sanitary Sewer Rehabilitation, Contract 89 City Project No. 02381 Betsy Price David Cooke Mayor City Manager Jolui Robert Carman Water Director Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth '�����E.OF Water Department :r'' . 2016 ;.6RI,D(iET�M;.BMEALY•� 's, 119020 G R E S H A Mj'"" go SMITH AND •�l"`'` PARTNERS Gresham, Smith and Partners 2811 McKinney Avenue,Suite 300 Dallas, Texas 75204 214.350.1500 OFFICIAL RECORD CITY SECRETARY FT.WOR'1'WI'X 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01-General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7839 Project Record Documents CITY OF FORT WORTH Sanitary Server Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 11 05 Bolts,Nuts,and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC)Pressure Pipe 3331 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Drain Pipe/Culverts Division 34-Transportation 3471 13 Traffic Control END OF SECTION 10 CITY OF FORT WORTH Sanitay Server Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas FORS T�WORTII COUNCIL ACTION: Approved on 12/6/2016 - Ordinance No. 22529-12-2016 DATE: 12/6/2016 REFERENCE NO.: C-28023 LOG NAME: 60SSR89-ARK CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with ARK Contracting Services, LLC, in the Amount of $2,310,607.00 for Sanitary Sewer Rehabilitation, Contract 89 in the Como and Arlington Heights Neighborhoods, Provide for Project Costs and Contingencies for a Total Project Amount of$2,655,107.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 3 and 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Fund in the amount of$2,655,107.00 from available funds; 2. Authorize the execution of a contract with ARK Contracting Services, LLC, in the amount of $2,310,607.00 for Sanitary Sewer Rehabilitation, Contract 89. (City Project No. CO2381) DISCUSSION: On March 17, 2015, (Mayor and Council Communication (M&C) C-27231) the City Council authorized an Engineering Agreement with Gresham, Smith and Partners, for the preparation of plans and specifications for Sanitary Sewer Rehabilitation, Contract 89. This M&C is to authorize a construction contract for the replacement of the deteriorated sanitary sewer mains located on the following streets and alleys: Location From To Bourine Street Goodman Street Fletcher Street IH-30 Right-of-Way Merrick Street Eldridge Street Alley Between Pershing Ave. and EI Campo Ave. 11 Faron Street 250 ft E. of Faron Street Alley Between Calmont Ave. and Birchman Ave. Eldridge Street —IF200 ft. E. of Kenley Street Alley Between Camp Bowie Road 300 ft. E. of Halloran Street Horne Street Alley Between Lisbon Street and Valentine Street 11 Bedford Street JFChambers Avenue Alley Between Houghton Ave. and Diaz Ave. F Horne Street 11 Bourine Street Alley Between Wellesey Ave. and Houghton Ave. Faron Street Bourine Street Alley Between Wellesey Ave. and Houghton Ave. FHervie Street Merrick Street Alley Between Bonne]]Ave. and Fletcher Ave. Br ant Irvin Road Halloran Street Alley Between Kilpatrick Ave. and Bonnell Ave. 300 ft.W. of Bourine Street Bourine Street Alley Between Goodman Ave. and Kilpatrick Ave. 11 Horne Street IF300 ft. W. of Faron Street Alley Between Goodman Ave. and Kilpatrick Ave. JFHervie Street Prevost Street Alley Between Blackmore Ave. and Libby Ave. Hervie Street 11 Prevost Street Alley Between Shiloh Dr. and Chariot Dr. Horne Street I Bourine Street http://apps.cfwnet.org/council_packet/Mc_review.asp?ID=24122&councildate=12/6/2016 12/7/2016 M&C Review Page 2 of 3 The project was advertised for bid on September 1, 2016 and September 8, 2016 in the Fort Worth Star-Telegram and on September 22, 2016, the following bids were received. Bidder Amount Time of Completion Ark Contracting Servicers, LLC $2,310,607.00 250 Calendar Days F-Woody Contractors, Inc. $3,026,341.00 - Atkins Brothers $3,119,664.00 In addition to the contract amount, $275,100.00 is required for project management, material testing and inspection, while $69,400.00 is provided for project contingencies. This project will have no impact on the Water Department's operating budget when completed. Construction is expected to start February 2017 and be completed by October of 2017. M/WBE OFFICE: ARK Contracting Services, LLC, is in compliance with the City's BDE Ordinance by committing to two percent MBE participation and documenting good faith effort. ARK Contracting Services, LLC, identified several subcontracting and supplier opportunities. However, the MBE's contracted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 11 percent. Construction for the Sanitary Sewer Rehabilitation, Contract 89 Project, is one component of the overall project that includes project management, easement, acquisition, utility coordination, material testing, inspection, construction and contingencies. The overall project budget is $2,882,432.00. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. The project is located in COUNCIL DISTRICTS 3 and 7, Mapsco 74M, 75J, 75K and 75N. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. The Fiscal Year 2017 Sewer Operating Budget includes appropriations of$31,636,073.00 for the purpose of providing Pay-As-You-Go funding for Sewer Capital Projects. After this transfer for Fiscal Year 2017, the balance will be $26,223,728.00. Appropriations for Sanitary Sewer Rehabilitation, Contract 84 Project will consist of the following: Current Proposed FUND--7[ Appropriations A ro riations Project Total" Sewer Capital Fund 59607 $227,325.00 $2,655,107.00 $2,882,432.00 Project Total $227,325.00 $2,655,107.00 $2,882,432.00 * Numbers rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by: Jay Chapa (5804) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24122&councildate=12/6/2016 12/7/2016 M&C Review Page 3 of 3 Originating Department Head: John Carman (8246) Additional Information Contact: Walter Norwood (5026) ATTACHMENTS 60SSR89 ARK form 1295.pdf 60SSR89 ARK Map01.pdf 60SSR89 ARK MaP02.pdf 60SSR89 ARK MaP03.pdf 60SSR89 ARK Map04.pdf 60SSR89ARK-SEWER CAP FUND 59607 A017R.docx http://apps.cfwnet.org/council_packet/mc review.asp?ID=24122&councildate=12/6/2016 12/7/2016 C CERTIFICATE OF INTERESTED PARTIES FORM 1.295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-122007 ARK Contracting Services, LLC Kennedale,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/10/2016 being filed. City of Fort Worth,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. City Project No.02381 Sanitary Sewer Rehabilitation, Contract 89 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Calvert, Mike Houston,TX United States X Bowman,Steven Kennedale,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. TANA STEPHENS 4°=Notory Public.State of Texos N, Comm.Expires 02-07-2020 ' Notary ID 12640343.5 CJ '..�� Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said Mike Plunk this the 10th day of October 20 h( to certify which,witness my hand and seal of office. Tana Stephens Notary !ature of officer adminis ath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 1 SANITARY SEWER REHABILITATION, CONTRACT 89 CITY PROJECT No. 02381 ADDENDUM RELEASE DATE: September 19,2016 BIDS RECEIVED DATE: September 22,2016 INFORMATION TO BIDDERS: The Plans, Specifications, and Contract Documents for the above mentioned project are hereby revised and amended as follows: Specifications: 1. Replace Section 00 41 00 Proposal Form in its entirety with the attached revised form. The following revisions have been made to the proposal form: a. The Contract Time has been changed to 250 days. 2. Replace Section 00 42 43 Proposal Form Unit Price in its entirety with the attached revised form. Tile following revisions have been made to the proposal form: a. Add Item 60—Portable Message Board b. Add Item 61 —Construction Allowance 3. Replace Section 00 52 43 Agreement in its entirety with the attached revised document. The following revisions have been made to the proposal form: a. The Contract Time has been changed to 250 days. Plans: 1. Delete Note 4 on Sheets 8 through 49 of the Plans and replace with the following: "4. ALL SANITARY SEWER PIPE SHALL BE SDR 26 UNLESS NOTED OTHERWISE." Clarifications: 1. The removal of existing concrete sidewalk is subsidiary to Bid Item No. 42—4"Conc Sidewalk, and the removal of existing concrete driveway is subsidiary to Bid Item No.43 - 5"Concrete Driveway. 2. The reconnection of 4"sewer service is subsidiary to Bid Item No.6—4"Sewer Service, and the reconnection of 6"sewer service is subsidiary to Bid Item No. 8—6"Sewer Service. 3. The Proposal Form in Excel format has been placed on Buzzsaw for use in preparing bids. The City has provided this document as a courtesy, and prospective Bidders are fully responsible for use of this document. Addendum No. 1,Page 1 of 2 Sanitary Seiner Rehabilitation,Contract 89 City Project No.02381 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 i SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction Sanitary Sewer Rehabilitation, Contract 89, City Project No. 6 02381, Sewer Project No. 59607-0700430-02381-CO1783 will be received by the City of Fort 7 Worth Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 1000 Throckmorton Street 12 Fort Worth, Texas 76102 13 until 1:30 P.M. CST,Thursday, September 22,2016, and bids will be opened publicly and read 14 aloud at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: 18 Removal and Replacement of 19 • 10,628 LF of 6" Sewer Pipe with 8" Sewer Pipe(PVC) 20 • 40 LF of 6" Sewer Pipe with 8" Sewer Pipe(D.I.) 21 • 185 LF of 8" Sewer Pipe with 8"Sewer Pipe(PVC) 22 • 255 LF of 10"Sewer Pipe with 10" Sewer Pipe(PVC) 23 • 37 Sewer Manholes 24 • 346 Sewer Services and Cleanouts 25 • 36 LF of 21"RCP, Class III Storm Line 26 • 12 LF of 30"RCP, Class III Storm Line 27 • 12 LF of 42"RCP, Class III Storm Line 28 • 5,334 SF Concrete Sidewalk 29 • 2,292 SF of 5"Concrete Driveway 30 Installation of 31 • 641 LF 6"to 8"Pipe Enlargement 32 • 16 New Sewer Manholes 33 • 372 LF 5' Wide Asphalt Pavement Repair 34 • 18 SY Asphalt Pavement Repair beyond Defined Width 35 • 1,505 SY Concrete Pavement Repair 36 • 9,731 SY Flexible Base Course(2"Depth) 37 38 PREQUALIFICATION 39 The improvements included in this project must be performed by a contractor who is pre- 40 qualified by the City at the time of bid opening.The procedures for qualification and pre- 41 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 42 43 DOCUMENT EXAMINATION AND PROCUREMENTS CITY OF FORT WORTH Sanitary Seiver Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavin>; 42 %20Contractor%2OPregualification%2OProgxam/PREOUALIFICATION%20REO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavinl; 48 %20Contractor%2OPrequalification%2OProgram/PREOUALIFICATION%20REO 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Sanitary Sewer Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research, investigations,tests,borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion, and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates,investigation,research,tests, explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 44 £44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH Sanitary Sewer Rehabilitation,Conti-act 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easements, and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Walter Norwood, P.E,. Water Department 22 Email: walter.norwood@,fortworthtexas.gov 23 Phone: 817-392-5026 24 25 26 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 27 City. 28 29 Addenda or clarifications may be posted via Buzzsaw at 30 https://prooectpoint.buzzsaw.com/fortworthyov/Infrastructure%20Proiects/02382%20- 31 %20SS%20Rehab%20Contract%2090/Bid%20Documents%20Package?public 32 33 34 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. City will 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 7. Bid Security 42 43 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 44 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 45 the requirements of Paragraphs 5.01 of the General Conditions. 46 CITY OF FORT WORTH Sanitary Server Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 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 Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope,marked with the City Project Number,Project title,the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Sanitary Server Rehabilitation,Conti-act 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.0238/ Revised November 22,2013 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded,City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Sanitary Seiner Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised November 22,2013 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 htti):Hvpwwethics.state.tx.us/forms/CIS.Vdf 14 15 CIQ Form is on file with City Secretary 16 17 0 Q Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 � � LLCBy: 28 Cd mpany e Print 29 30 �� 1(LI� `�� Signature: 31 A dress 32 33 e h hfdje Title: 5) 34 'City/State/Zip (PleasePrint) 35 36 37 END OF SECTION CITY OF FORT WORTH Sanitary SeiverRehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised March 27,2012 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Sanitary Sewer Rehabilitation, Contract 89 Como and Arlington Heights City Project No.: 2381 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.As 0041 00 BID FORM Page 2 of 3 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. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 250 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 0041 00 BID FORM Page 3 of 3 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. 7. Bid Submittal This Bid is submitted on 9 2 2 . by the entity named below. Respectfully submitted, Receipt is acknowledged of the Via following Addenda: By: Addendum No. 1: ig ture) Addendum No. 2: Addendum No. 3: BaV41 fXI Addendum No.4: 1 . (Printed Name) Title? l�� L Company: �K C ,ti IZ�s> /.(-t5 Z&C Corporate Seal: Address:L�a� s ���� `/� �� Imo• State of Incorporation: Email:5������`-�r?ri.7►�L[��j �L°r✓��G''�J.C O/1-� Phone: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Section Unit of Bid Description Unit Price Bid Value No. No. Measure Quantity 3311 10,3331 12,33 1 3331.4115 8"Sewer Pipe 31 20 LF_ 10,813 $ 90.00 $ 973,170.00 2 3331.4119 8"DIP Sewer Pipe 3311 10 LF 40 $ 130.00 $ 5,200.00 3311 10,3331 12,33 3 3331.4201 10"Sewer Pipe 31.20 LF_ 255 $ 110.00 $ 28,050.00 4 3331.1102 8"Pipe Enlargement 3331 23 LF 641 $ 120.00 $ 76,920.00 5 3331.1201 Service Reinstatement,Pipe Enlargement 3331 23 EA 3 $ 1,500.00 $ 4,500.00 6 3331.3101 4"Sewer Service 3331 50 EA 345 $ 700.00 $ 241,500.00 7 3331.3102 4"2-Way Cleanout 3331 50 EA 345 $_ 120.00 $ 41,400.00 8 3331.3201 6"Sewer Service 3331 50 EA 1 $ 1,500.00 $ 1,500,00 9 3331.3202 6"2-way Cleanout 3331 50 EA 1 $_ 150.00 $ 150.00 10 3331.3401 Ductile Iron Sewer Fittings 3311 11 TON 0.2 $ 5,000.00 $ 1,000.00 11 3339.0001 Epoxy Manhole Liner 33 39 60 VF 29 $ 200.00 $ 5,800.00 12 3339.1001 4'Manhole 33 39 10,33 39 20 EA 49 $ 5,500.00 $ 269,500.00 13 3339.1002 4'Drop Manhole 33 39 10,33 39 20 EA 3 $ 6,000.00 $ 18,000.00 14 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 98 $ 110.00 $ 10,780.00 15 3339.1004 4'Shallow Manhole 33 39 10,33 39 20 EA 1 $ 5,500.00 $ 5,500.00 16 3311.0262 8"PVC Water Pipe,CSS Backfill 3311 12 LF 40 $_ 220.00 $ 8,800.00 17 3311.0342 10"PVC Water Pipe,CSS Backfill 33 11 10,33 11 12 LF 10 $ 300.00 $ 3,000.00 18 3341.0201 21"RCP,Class III 3341 10 LF 36 $ 180.00 $ 6,480.00 19 3341.0302 30"RCP,Class III 3341 10 LF 12 $ 280.00 $ 3,360.00 20 3341.0402 42"RCP,Class III 3341 10 LF 12 $ 400.00 $ 4,800.00 21 3301.0001 Pre-CCTV Inspection 3301 31 LF 641 $ 5.00 $ 3,205.00 22 3301.0002 Post-CCTV Inspection 3301 31 LF 11,799 $ 1.00 $ 11,799.00 23 3305.0003 8"Waterline Lowering 33 05 12 EA 1 $ 9,000.00 $ 9,000.00 24 3305.0005 12"Waterline Lowering 33 05 12 EA 1 $ 12,000.00 $ 12,000.00 25 3301.0101 Manhole Vacuum Testing 3301 30 EA 49 $ 150.00 $ 7,350.00 26 3305.0103 Exploratory Excavation of Existing Utilities _ 33 05 30 EA 9 $ 1,000.00 $ 9,000.00 27 3305.0109 Trench Safety 33 05 10 LF 11,298 $ 1.00 $ 11,298.00 28 3305.0112 Concrete Collar 33 05 17 EA 45 $ 300.00 $ 13,500.00 29 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 37 $ 300.00 $ 11,100.00 30 0241.5001 Abandon Manhole 0241 14 EA 1 $ 200.00 $ 200.00 31 3110.0102 6"-12"Tree Removal 31 1000 EA 6 $ 500.00 $ 3,000.00 32 3110.0104 18"-24" Tree Removal 31 1000 EA 3 $ 1,500.00 $ 4,500.00 33 3201.0112 5'Wide Asphalt Pvmt Repair,Residential 3201 17 LF_ 359 $ 45.00 $ 16,155.00 34 3201.0122 5'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 13 $ 60.00 $ 780.00 3201.0201 Asphalt Pvmt Repair Beyond Defined Width, 35 Residential 3201 17 SY 13 $ 120.00 $ 1,500.00 3201.0202 Asphalt Pvmt Repair Beyond Defined Width, 36 Arterial 3201 17 SY 5 $ 150.00 $ 750.00 37 3201.0400 Temporary Asphalt Paving Repair _ 3201 18 LF_ 1,720 $ 30.00 $ 51,600.00 38 3201.0614 Conc Pvmt Repair,Residential 3201 29 SY 311 $_ 85.00 $ 26,435.00_ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Seiner Rehabilitation,Contract 89 Form Revised 20120120 Project No.02381 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Section Unit of Bid No. Description No. Measure Quantity Unit Price Bid Value 39 3201.0654 Cone Pvmt Repair,HES,Residential 3201 29 SY 1,176 $ 105.00 $ 123,480.00 40 3201.0656 Cone Pvmt Repair,HES,Arterial/Industrial 3201 29 SY 18 $ 150.00 $ 2,700.00 41 9999.0001 2"Flexible Base Course(Gravel) 99 99 00 SY 9,731 $_ 4.00 $ 38,924.00 42 3213.0301 4"Cone Sidewalk 32 13 20 SF 5,334 $ 8.00 $ 42,672.00 43 3213.0400 5"Concrete Driveway 32 13 20 SF 2,292 $ 10.00 $ 22,920.00 44 3213.0502 Barrier Free Ramp,Type U-1 32 13 20 EA 1 $ 1,500.00 $ 1,500.00 45 3216.0101 6"Cone Curb and Gutter 32 16 13 LF 550 $ 35.00 $ 19,250.00 46 3231.0111 4'Chain Link,Steel 3231 13 LF 61 $ 25.00 $ 1,525.00 47 3231.0413 8'Fences,Wood 3231 29 LF 35 $ 40.00 $ 1,400.00 48 3232.0100 Cone Ret Wall with Sidewalk,Face/Wall 32 32 13 SF 380 $ 30.00 $ 11,400.00 49 3232.0101 Cone Ret Wall with Sidewalk,Sidewalk 32 32 13 SF 570 $ 30.00 $ 17,100.00 50 3291.0100 Topsoil 3291 19 CY 19 $ 30.00 $ 570.00 51 3292.0200 Seeding,Broadcast 32 92 13 SY 60 $ 2.00 $ 120.00 52 3292.0100 Block Sod Placement 32 92 13 SY 10 $ 15.00 $ 150.00 53 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SY 556 $ 10.00 $ 5,560.00 54 3292.0201 Utility Service Surface Restoration Seeding 32 92 13 SY 177 $ 2.00 $ 354.00 55 3125.0101 SWPPP >_1 acre 31 2500 LS 1 $ 10,000.00 $ 10,000.00 56 3471.0001 Traffic Control 3471 13 LS 1 $ 20,000.00 $ 20,000.00 57 Construction Staking 01 71 23 LS 1 $ 4,000.00 $ 4,000.00 58 Construction Survey 0171 23 LS 1 $_ 8,000.00 $ 8,000.00 59 Tree Protection,Mulch,Matting and Fencing - LS 1 $ 20,000.00 $ 20,000.00 60 Portable Message Board 34 71 13 WK 8 $ 800,00 $ 6,400.00 61 Construction Allowance LS 1 $ 50,000.00 $ 50,000.00 TotalBidl $2,310,607.00 END OF SECTION $ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Seiner Rehabilitation,Contract 89 Form Revised 20120120 Project No.02381 Bid Bond Surety Department KNOW ALL MEN BY THESE PRESENTS, That we, Ark Contracting Services, LLC, as Principal, hereinafter called the Principal, and the Great American Insurance Company of New York, a Corporation created and existing under the laws of the State of New York, whose principal office is in Cincinnati, OH, as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Fort Worth, Texas, as Obligee, hereinafter called the Obligee, in the sum of Five Percent (5%) of the amount bid ($--------------), for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Whereas, the Principal has submitted a bid for Sanitary Sewer Rehabilitation, Contract 89 City Project No. 02381 NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 22nd da September, 2016. Attest: Ark Contracting Serv' es, LLC (Princi 1) By: By (SEAL) yen C. Bow an, President Witness: Great American Insurance Company of New York By Tracy Tuck r, Attorney-in-Fact (SEAL) Form S-3266-4 Printed in U.S.A. 12-70 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 14893 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name, place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TRACY TUCKER STEVEN TUCKER ALL OF ALL W.LAWRENCE BROWN BENNETT BROWN FORT WORTH, $100,000,000.00 KEVIN J.DUNN TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF,the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22ND day of DECEMBER , 2015 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK _3 �pflPO_ q,s JJ • Assistant Secretan) Divisional Senior Vice President DAVID C.KITCHIN(877-377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 22ND day of DECEMBER 2015 ,before me personally appeared DAVID C.KITCHIN,to me known, being duly sworn,deposes and says that he resides in Cincinnati, Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. $116tM1A.KOII01'ifNfty Pu*80 of ft mf This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority-and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C. BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this 22nd day of September 2016 3E SEAL ` C Assistant Secretary S1 185L(06/15) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of ouy company or our parent company or majority owner is in the State of Texas. BIDDER: By: oflletleo &x- UA0 1;i p (Sii ature) 00� Title: 0- ZJ`i k Date: ?� 1 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 0045 11-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taaermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Sanitary Seiver•Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised July I,2011 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Sanitary Seiver Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised July 1,2011 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 4512 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 Prequalification Tye Contractor/Subcontractor Company Name Expiration Date 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 14 = "+( - By: v 15 o pany (Pi ase rint) 16 17 �X S, G� Signature: 18 Address 19 r 20 / Title: 214itf/S"tatelZip (Please Print) 22 1 23 Date: R 24 25 END OF SECTION 26 CITY OF FORT WORTH Sanitary Seiver Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised July 1,2011 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE 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" 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP,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 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 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 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Sanitary Server Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child,or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Sanitary Server Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised December 20,2012 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various".The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Sanitary Server Rehabilitation,Conb•act 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised December 20,2012 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. 02381. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: / 10 12 C mpany J lea e Print) 13 ` L 14 J' /GF- `�f� Signature: 6D 15 Address Of 16f 17 Title: 1 18 1 /State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 ORE ME th ersigned au ority,on this day personally appeared 26 ,known to me to be the person whose name is 27 subscribed to the ore ing in um t,aild ackqCl d ed to me that he/she executed the same as 28 the act and deed of #WAK. l.lir the purposes and 29 consideration therein expressed and in the cefflacity therein stated. 30 31 AVENER MY HAND A SEAL OF OFFICE this 2Z day of 32 ,201s 33 34 35 36 Notary Publi in and for the Sta Texas 37 38 END OF SECTION TANA STEPHENS :J'P0.Y-PVe i� Notary Public,State of Texas 39 :+Pr Comm.Expires 02-07-2020 Notary ID 12640343.5 CITY OF FORT WORTH Sanitary Sewer Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Pagel of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 11% of the total bid value of the contract (Base bid applies 14 to Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated, in order for the entire bid to be considered responsive to the specifications. The O'deror shall 30 deliver,. he MBE doculrlantati©n in person to the:appropriate•employee,of the purchasing"dives©n arrd 31 obtain, ,e#ate/time receipt: Such receipt shall be evidence that the City received the documentation i11 the 32 time all6cated. A fazed and/or emailed e+Dpy will not be"accepted< 33 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 34 CITY OF FORT WORTH Sanitary Seiver Rehabilitation,Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02381 Revised June 9,2015 005243-1 Agreement Page 1 of 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 6 December 2016 is made by and between the City of 4 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and ARK CONTRACTING SERVICES L.L.C. , authorized to do business 6 in Texas, acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Sanitary Sewer Rehabilitation Contract 89, City Project No. 02381 16 Article 3. CONTRACT TIlVIE 17 3.1 Time is of the essence. 18 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 19 Documents are of the essence to this Contract. 20 3.2 Final Acceptance. 21 The Work will be complete for Final Acceptance within 250 Calendar days after the date 22 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 23 Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Four Hundred and Tiventy Dollars and No cents ($420.00) for each day that 33 expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues 34 the Final Letter of Acceptance. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 Revised June 4,2012 City Project No.02381 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of TWO NMLION THREE HUNDRED AND TEN 38 THOUSAND,SIX HUNDRED AND SEVEN DOLLARS AND NO CENTS ($2,310,607.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A.The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MWBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued,become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 74 75 76 77 78 79 80 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 Revised June 4,2012 City Project No.02381 005243-3 Agreement Page 3 of 4 81 Article 6.INDEMNIFICATION 82 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 83 expense, the city, its officers, servants and employees, from and against any and all 84 claims arising out of, or alleged to arise out of,the work and services to be performed 85 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 86 under this contract. This indemnification provision is specifically intended to operate 87 and be effective even if it is alleged or proven that all or some of the damages being 88 sought were caused, in whole or in part, by any act, omission or negligence of the city. 89 This indemnity provision is intended to include, without limitation, indemnity for 90 costs,expenses and legal fees incurred by the city in defending against such claims and 91 causes of actions. 92 93 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 94 the city,its officers,servants and employees,from and against any and all loss, damage 95 or destruction of property of the city,arising out of,or alleged to arise out of,the work 96 and services to be performed by the contractor, its officers, agents, employees, 97 subcontractors, licensees or invitees under this contract. This indemnification 98 provision is specifically intended to operate and be effective even if it is alleged or 99 proven that all or some of the damages being sought were caused, in whole or in part, 100 by any act, omission or negligence of the city. 101. 102 Article 7.MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 105 have the meanings indicated in the General Conditions. 106 7.2 Assignment of Contract. 107 This Agreement, including all of the Contract Documents may not be assigned by the 108 Contractor without the advanced express written consent of the City. 109 7.3 Successors and Assigns. 110 City and Contractor each binds itself, its partners, successors, assigns and legal 111 representatives to the other party hereto, in respect to all covenants, agreements and 112 obligations contained in the Contract Documents. 113 7.4 Severability. 114 Any provision or part of the Contract Documents held to be unconstitutional, void or 115 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 116 remaining provisions shall continue to be valid and binding upon CITY and 117 CONTRACTOR. 118 7.5 Governing Law and Venue. 119 This Agreement, including all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 121 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 Revised June 4,2012 City Project No.02381 005243-4 Agreement Page 4 of 4 122 7.6 Other Provisions. 123 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 124 classified, promulgated and set out by the City, a copy of which is attached hereto and 125 made a part hereof the same as if it were copied verbatim herein. 126 7.7 Authority to Sign. 127 Contractor shall attach evidence of authority to sign Agreement, if other than duly 128 authorized signatory of the Contractor. 129 130 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 131 counterparts. 132 133 This Agreement is effective as of the last date signed by the Parties 134 Contractor: City of Fort Worth Ark Contracting Services,L. .C. By: .--� Jesus J. Chapa By: Assistant City Manager (Si ature) Date STLy" C. BOwMa-✓ Attest: 'FOR?- (Printed Name) ktary er , DSC recr �� A (Seal) Title: Address: NZO S. l7ic,k l�iztc. /I�.y� M&C C - 2$023 �(AS Date: - 6- 16 1 7.4,y Zol 6- 1 u-M•} City/State/Zip: F- -7e d6Approved as to Form and Legality: O'C'. Date Douglas W. Black Assistant City Attorney 135 136 137 APPROVAL RECOMMENDED: 138 139 140 141 Chris Harder,P.E. 142 OFFICIAL RECORD ACTING ASSIST DIRECTOR, 143 CITY SECRETARY Water Department 144 FT. WORTH,TX CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 Revised June 4,2012 City Project No.02381 Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Signature _Walter Norwood Name of Employee _Senior Professional Engineer Title 0061 13-1 PERFORMANCE BOND Page I of 2 Bond#CA 1534914 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,ARK Contracting Services,L.L.C., known as"Principal"herein and Great American Insurance Company 8 of New York ,a corporate surety(sureties,if more than one)duly authorized to do business in 9 the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound to unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, 11 known as"City"herein, in the penal sum of, TWO MILLION, THREE E[UNDRED AND 12 TEN THOUSAND,SIX HUNDRED AND SEVEN DOLLARS AND NO CENTS 13 ($2.310,607.00) lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, 15 executors,administrators,successors and assigns,jointly and severally, firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City I7 awarded the 6 day of December,2016,which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as Sanitary Sewer Rehabilitation Contract 89, City 21 Prolert No. 02381 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No.02381 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 6th December 5 this instrument by duly authorized agents and officers on this the day of ,2016. 6 PRINCIPAL: 7 Ark Contracying Ser ' es,LLC 8 9 10 BY: 1 I ignature 12T: 13 14 Steven C.Bowman, President 15 cipal ecce Name and Title 16 17 Address: 420 S Dick Price Road 18 Kennedale,TX 76060 19 20 21 Witness as to Principal 22 SURETY: 23 Great American Insurance Company 24 of New York 25 26 27 Sign e — 28 29 Tracy Tucker,Attorney-in-Fact 30 Name and Title 31 32 Address: 900 Summit Ave. _ 33 Ft Worth,TX 76102 34 35 36 Witness as to Surety Telephone Number: 817/336-8520 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No.02381 0061 14-1 PAYMENT BOND Page I of 2 I SECTION 00 6114 Bond#CA 1534914 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, ARK Contracting Services, L.L.C., known as "Principal" herein, and 8 Great American Insurance Company of New York a corporate surety 9 (sureties), duly authorized to do business in the258- State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal I 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of TWO NMLION, THREE HUNDRED AND TEN THOUSAND, SIX 13 HUNDRED AND SEVEN DOLLARS AND NO CENTS($2,310,607.00). lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 6 day of 18 December 2016,which Contract is hereby referred to and made a part hereof for all purposes as 19 if fully set forth herein,to furnish all materials,equipment,labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Sanitary Sewer Rehabilitation Contract 89, City Protect No. 02381. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No.2381 0061 14.2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 6th day of December 2016. 3 C PRINCIPAL: Ark Contracting Services LC ATTEST: BY: gn re Steven C. Bowman,_President 1('Principa ecretary Name and Title Address: 420 S Dick Price Road Kennedale,TX 76060 Witness as to Principal SURETY: Great American Insurance Company of New York ATTEST: BY: ature Tracy Tucker,Attorney-in-Fact __ (Surety)Secretary Name and Title Address: 900 Summit Ave. _ Ft Worth,TX 76102 Witness as to Surety Telephone Number: 817/336-8520 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 11 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No.2381 0061 19-1 MAINTENANCE BOND Paget of 3 Bond#CA 1534914 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARR.ANT § 7 That we,ARK CONTRACTING SERVICESX.L.C..,known as"Principal"herein and Great American Insurance 8 Company of New York ,a corporate surety(sureties, if more than one)duly authorized to do 9 business in the State of Texas,known as"Surety"herein(whether one or more),are held and 10 firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of 11 the State of Texas,known as"City"herein, in the sum of TWO AHLLION, THREE 3 12 HUNDRED AND TEN THOUSAND,SIX HUNDRED AND SEVEN DOLLARS AND NO 13 CENTS($2,310,607.00),lawful money of the United States,to be paid in Fort Worth,Tarrant 14 County,Texas,for payment of which sum well and truly be made unto the City and its 15 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 16 and severally,firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 6 19 day of December,2016, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as defined by Iaw,in the prosecution of the Work,including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as Sanitary Sewer Rehabilitation Contract 89,City Project No.02381;and 24 25 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans,specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two(2)years 28 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 29 30 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need therefor at any time within the Maintenance 32 Period. 33 CITY OF TORT WORTH Sanitary Sever Rehabilitation Contract 89 STANDARD CONS'T'RUCTION SPECIFICATION DOCUMENTS Revised July 1.2011 City Project No.2381 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and la I 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall!ie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 City Project No.2381 0061 19-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this December 2 instrument by duly authorized agents and officers on this the 6th day of ,2016. 3 4 PRINCIPAL: 5 Arlt Contracting Serv' ,LLC 6 - - 7 8 BY: 9 ignature 10 A ST: 11 12 Steven C. Bowman,President 13 (Prin al) cretary I Name and Title 14 15 Address: 420 S Dick Price Road 16 ICennedale,TX 76060 17 18 19 Witness as to Principal 20 SURETY: 21 Great American Insurance Company of 22 New York 23 24 BY, 25 26 27 Tracy Tucker,Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 900 Summit Ave. 31 (Sure )S t Ft Worth,TX 76102 32 -- 33 34 Witness as to Surety Telephone Number: 817/336-8520 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 89 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 City Project No.2381 GREAT AMERICAN INSURANCE COMPANY OF NEW YORK New York Administrative Office:301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FIVE No.0 14893 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREATAMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under and by virtue of the laws of the State of New York,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in-fact,for it and in its name, place and stead to execute on behalf of the said Company,as surety,any and all bonds, undertakings and contracts of suretyship,or other written obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power TRACY TUCKER STEVEN TUCKER ALL OF ALL W.LAWRENCE BROWN BENNETT BROWN FORT WORTH, $100,000,000.00 KEVIN J.DUNN TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF,the GREATAMERICAN INSURANCE COMPANY OF NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22ND day of DECEMBER , 2015 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK i SEAL Ile. Assistant Secretary Divisional Senior Yice President DAVID C.KITCHIN(877-377-2405) STATE OF OHIO,COUNTY OF HAMILTON-ss: On this 22ND day of DECEMBER 2015 ,before me personally appeared DAVID C.KITCHIN,tome known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company of New York,the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. &I!<tNIA.Mad CwnbftEON S This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company of New York by unanimous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,-to prescribe their respective duties and the respective limits of their authority,•and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C. BERAHA,Assistant Secretary of Great American Insurance Company of New York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 2009 have not been revoked and are now in full force and effect. Signed and sealed this 6th day of December 2016 OAP�NA -3, SEAL = Assistant Secretary S1185L(06/15) Great American Insurance Company of New York GREATAMERICAN Great American Alliance Insurance Company INSURANCE GROUP Great American Insurance Company IMPORTANT NOTICE: To obtain information or make a complaint: 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 at: P.O. Box 149104 Austin, TX 78714-9104 FAX: 1-512-475-1771 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American Insurance Company Claim office by: Fax: 1-888-290-3706 Telephone: 1-513-369-5091 Email: bondclaims@gaic.com PREMIUM OR CLAIM DISPUTES: If 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 BOND: This notice is for information only and does not become a part or condition of the attached document. F.9667A(3/11) ,aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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: Cindy Soule Tucker Agency, Ltd. PHOAJCNE (817)336-8520 FAICAX NO"') P 0 Box 2285 EDMDAIE .cindys@tuckeragency.com INSURERS AFFORDING COVERAGE NAIC# Ft. Worth TX 76113 INSURERA:The Phoenix Insurance Company 25623 INSURED INSURERB:Travel.ers Inderfinity Co of CT 25682 Ark Contracting Services LLC INSURERC:Travelers Casualty & Surety Co 19038 420 S. Dick Price Road INSURER D: INSURER E: Kennedale TX 76060 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MM/DDNYYY MM/DD/YMLIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D X COMMERCIAL GENERAL LIABILITY AGE TO RENTED PREM MISES Ea occurrence $ 300,000 A CLAIMS-MADE OCCUR C05547CIO9 9/1/2016 9/1/2017 MED EXP(Any one person) $ 10,000 X XCU Coverage Included PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA7444C349 9/1/2016 9/1/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 X DED RETENTION$ 10,000 UP-5460887A 9/1/2016 9/1/2017 $ C WORKERS COMPENSATION X I WC STATU- 11TH- CRY EMPLOYERS'LIABILITY YIN U-IER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 11000,000 � OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) JB762G4423 9/1/2016 9/1/2017 E.L.DISEASE-EA EMPLOYE $ 11000,000 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) Project No. 02381 Sanitary Sewer Rehabilitation Contract 89 The City of Fort Worth, its officers, employees and servants are additional insureds for general liability and automobile liability on a primary and non-contributory basis where required by written contract. Waiver of subrogation in favor of the City of Fort Worth applies as respects workers, compensation coverage. 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. Transportation & Public Works Dept 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 Tracy Tucker/CINDY ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dmembea21,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Do mbea2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Domnber2l,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 007200-1 General Conditions Pagel of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Do=nber21,2012 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dee mber2l,2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dmember21,2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece nber2l,2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Domnber2l,2012 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day,not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Domnber2l,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanher2l,2012 0072 00-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dace nber2l,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Per of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decmber2l,2012 007200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive frial payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time i£ 1. Contractor knew of the existence of such conditions at the time Contractor made a fmal commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. ndicated:1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dere<nber2l,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents, consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deeenber2l,2012