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Contract 49322
E CITY SECRETARY D.O.E. FILE CITI SECRETAR,'Y� �,� CONTRACTOR'S BONDING CO. FORT WORTH CONTRACT NO. �. CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF y 7 89 ra j Precinct Line Road Street Lighting Improvements r lot �a A ,p QP�6 City Project No. 00147 � 2� �, �rsG Betsy Price David Cooke Mayor City Manager John Robert Carman Water Director Douglas W. W iersig,P.E.' Director, 'Transportation and Public Works Depanment Prepared for The City of Fort Worth Transportation and Public Works Department 2017 Freese and Nichols,Inc OF fe0t ........................./ DANIEL W, KOSS00 i . .........i 10 �CNAL••�N� 02/15/2017 rRE,S& AW �NQLS,. VC. TEXA REEF.ERF-b ,6'If kiN!G F IRM OFFICIAL RECORD CITY EECRINTARY FT.WOWN1 TX FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Precinct Line Road Street Lighting Improvements City Project No. 00147 Betsy Price David Cooke Mayor City Manager John Robert Carman Water Director Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2017 Freese and Nichols, Inc. OF01 TF�St DANIEL W. KOSS 04 ........................... 110037 % 'ORAL \\������02/15/2017 J � FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F-2144 RTH FORTW0 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 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 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 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 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 7423 Cleaning 0177 19 Closeout Requirements 01 7839 Project Record Documents CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proieclpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 26-Electrical 26 05 00 Common Work Results for Electrical Division 34-Transportation 34 41 20.01 Arterial LED Roadway Luminaires 3471 13 Traffic Control Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised February 2,2016 n0u� I�-I \lll tl".rt;\ t';je. I of I I SECTION 00 05 15 ADDENDA No , I -t Precinct Line Road Street Lighting (mprovemertts 5 C'iIvPtoject No,00147 h 7 Addenolum No. I Issue Date: 1brch 7, 2017 S Bid Receipt Date: March 10,2017 y ttt 1'his addenclum l'ornts part of the Contract DOCllment5 reltrcnced ahOVe Mill mculities the original I 1 Contract D0culrtents. Acknttwled re receipt ofthis Addenduut by signint in the;pace bcluw MILl I attaching, it to the Contract Doctiment.s (inside). Nate receipt of-this Addendtnn in the Bid 13 Proposal attd on the ovile► envelope of your hitt. 14 1 1. Modifications to Plans 16 a. Delete plan sheets 2 thraMth 8 and replace with those attached.Notes were added 17 to clarity fixtures and bas", 1 b. Acid attached drawing titled"City of t=ort Wot't11.. Teus-Street Ltmtinaire Pole Ic) Foundation Delaits 20 2. Modilications to Project Mamtal 21 a. Delete Section 00 41 00 Bid Form and replace with attached.This adds the 22 requirement for Lighting prequ,tlilieatian for the City. 23 b. Delete Section Qt}45 12 Preclualitkation Statement and replace Willi attached. '., 'rhis acids the reclttiremem lbr Lighting precluatlification for the City. c. Delete Section 00 i 40 \Minority Business L-'nterprise Goal and replace with ?ti attached.This identities the MBE goal oft the project as 1 ""w 27 3. Q&A u. The thought occurred to the rafter oto meeting: \V11111 al?out a pljcstc}cuntrol? The cut sheet cicsi��natcs the 7 pin receptacle, the drusen ctptiott,but I do nut see the ail cot-responding photocontr0l lislecl as ,t unit to "turtush�inst,dJ".The thclttglit occurred to the after our tuectitln: WIIJt 111301.11 a ph0toconti-01? The cut sheet 32 desiv'nates the 7 pin receptacle as [lie chosen option, but 1 do nut see lite 33 cot7tsponding photocontral listed us aI Milt to "tinnish;instalC'. -14 i. The photocontrol is already at the distribution panel.The City standard is ?3 t0 provide the plu2. lilt-a photocell III,etch fixture and call it i1'Iwt used. 3h tt. W'Iult is the exislim, bolt palters fir 601-Indations placed'' 37 1. TxDCI I phut,;trL'saved tea Buzzsmv. -I`they can be fi.)und in the fielder: 38 Prolct-f Drilu'l71'.\'.'I incl Orrrtt'i wSee sf►rets 2?5-234. act c. Will the conductor:; 0111\ the furnishedr1tistalled and not pmveml up" -fit i. The t'0n(111ctors shall lie furtlished. installed and terminated at the panel. ••k' 41 END OF SECTION `;`•• 1`►tri 00 • .......................A . I" t 00311 x112017 o I1 11t-1.11h 1 t'. 44 111 IDi.�-!;�� 16„, ;es•.'1;_;�lt.rn,i!ut+.n;rtta!+is SIANI):AR1)1 t)N.,,Ik1 t'll1A ,V1('111CIrltt��flct('II\�1t:�Tg u11:- Rr•;t.r.t Iut, 1 2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 001113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Precinct Line Road Street Lighting Improvements will be 5 received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth; Texas 76102 11 until 1:30 P.M.CST,Thursday,March 16,2017, and bids will be opened publicly and read aloud 12 at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The maj or work will consist of the(approximate)following: 16 23 roadway illumination poles 17 42 type 33A arms and LED lighting fixtures 18 4,817 LF quadplex aluminum electric conductor 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City at the time of bid opening. The procedures for qualification and pre- 23 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at http://www.fortworthgov.oraurchasing-/and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 29 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 30 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 31 Parties Form 1295 and the form must be submitted to the Project Manager before the 32 contract will be presented to the City Council. The form can be obtained at 33 httys://www.ethics.state.tx.us/tee/1295-Info.litm . 34 35 Copies of the Bidding and Contract Documents may be purchased from Alex Garcia at Freese 36 and Nichols,Inc.at 4055 International Plaza, Suite 200,Fort Worth,TX 76109. 37 38 The cost of Bidding and Contract Documents with half size drawings is: $100 39 40 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 41 City reserves the right to waive irregularities and to accept or reject bids. 42 43 INQUIRIES 44 All inquiries relative to this procurement.should be addressed to the following: 45 Attn: Michael Weiss,PE, City of Fort Worth 46 Email: Michael.Weiss@fortworthtexas.gov 47 Phone: 817-392-8485 48 AND/OR 49 Attn: Alex Garcia,PE,Freese and Nichols,Inc. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 23,2015 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Email: alex.garcia@freese.com 2 Phone: 817-735-7300 3 4 ADVERTISEMENT DATES 5 Thursday February 16,2017 6 Thursday February 23,2017 7 8 END OF SECTION CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 23,2015 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 10 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://projectpoint.buzzsaw.com/fortworthizov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%20PaviU 42 %20Contractor%2OPregualification%2OProUam/PREOUALIFICATION%2OREO 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https:Hproieetpoint.buzzsaw.com/fortworthaov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%20Paving 48 %20Contractor%2OPregualification%2OProgram/PREOUALIFICATION%2OREO 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?12ublic CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 2 3.1.3. Water and Sanitary Sewer—Renilirements document located at- 3 https://proiepMoint.buzzsaw.com/fortworthgov/Fesources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 5 OSanitM%2OSewer%2OContractor%2OPrequalification%2OProjzram/WSS%20pre 6 qual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City, in its sole 19 discretion may require, including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project, and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame.Based upon the City's assessment of the submitted 24 information, a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,if requested,may be grounds 26 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification, additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 3.5.Not Used 33 34 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 35 36 4.1.Before submitting a Bid, each Bidder shall: 37 38 4.1.1. Examine and carefully study the Contract Documents and other related data 39 identified in the Bidding Documents(including"technical data" referred to in 40 Paragraph 4.2. below).No information given by City or any representative of the 41 City other than that contained in the Contract Documents and officially 42 promulgated addenda thereto, shall be binding upon the City. 43 44 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 45 site conditions that may affect cost,progress,performance or furnishing of the 46 Work. 47 48 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 49 progress,performance or furnishing of the Work. 50 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.4.Not Used 2 3 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 4 contiguous to the Site and all drawings of physical conditions relating to existing 5 surface or subsurface structures at the Site(except Underground Facilities)that 6 have been identified in the Contract Documents as containing reliable "technical 7 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 8 at the Site that have been identified in the Contract Documents as containing 9 reliable "technical data." 10 11 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 12 the information which the City will furnish.All additional information and data 13 which the City will supply after promulgation of the formal Contract Documents 14 shall be issued in the form of written addenda and shall become part of the Contract 15 Documents just as though such addenda were actually written into the original 16 Contract Documents.No information given by the City other than that contained in 17 the Contract Documents and officially promulgated addenda thereto, shall be 18 binding upon the City. 19 20 4.1.7. Perform independent research, investigations,tests,borings, and such other means 21 as may be necessary to gain a complete knowledge of the conditions which will be 22 encountered during the construction of the project. On request, City may provide 23 each Bidder access to the site to conduct such examinations, investigations, 24 explorations,tests and studies as each Bidder deems necessary for submission of a 25 Bid. Bidder must fill all holes and clean up and restore the site to its former 26 conditions upon completion of such explorations,investigations,tests and studies. 27 28 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 29 cost of doing the Work,time required for its completion,and obtain all information 30 required to make a proposal.Bidders shall rely exclusively and solely upon their 31 own estimates,investigation, research,tests, explorations, and other data which are 32 necessary for full and complete information upon which the proposal is to be based. 33 It is understood that the submission of a proposal is prima-facie evidence that the 34 Bidder has made the investigation, examinations and tests herein required. Claims 35 for additional compensation due to variations between conditions actually 36 encountered in construction and as indicated in the Contract Documents will not be 37 allowed. 38 39 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 40 between the Contract Documents and such other related documents.The Contractor 41 shall not take advantage of any gross error or omission in the Contract Documents, 42 and the City shall be permitted to make such corrections or interpretations as may 43 be deemed necessary for fulfillment of the intent of the Contract Documents. 44 45 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 46 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00/47 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 2 the site which have been utilized by City in preparation of the Contract Documents. 3 The logs of Soil Borings,if any, on the plans are for general information only. 4 Neither the City nor the Engineer guarantee that the data shown is representative of 5 conditions which actually exist. 6 7 4.2.2. those drawings of physical conditions in or relating to existing surface and 8 subsurface structures(except Underground Facilities)which are at or contiguous to 9 the site that have been utilized by City in preparation of the Contract Documents. 10 11 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 12 on request. Those reports and drawings may not be part of the Contract 13 Documents,but the "technical data" contained therein upon which Bidder is entitled 14 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 15 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 16 responsible for any interpretation or conclusion drawn from any "technical data" or 17 any other data,interpretations, opinions or information. 18 19 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 20 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 21 exception the Bid is premised upon performing and furnishing the Work required by the 22 Contract Documents and applying the specific means,methods,techniques,sequences or 23 procedures of construction(if any)that may be shown or indicated or expressly required 24 by the Contract Documents,(iii)that Bidder has given City written notice of all 25 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 26 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 27 etc.,have not been resolved through the interpretations by City as described in 28 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 29 and convey understanding of all terms and conditions for performing and furnishing the 30 Work. 31 32 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated 33 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 34 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 35 Documents. 36 37 5. Availability of Lands for Work,Etc. 38 39 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 40 access thereto and other lands designated for use by Contractor in performing the Work 41 are identified in the Contract Documents. All additional lands and access thereto 42 required for temporary construction facilities,construction equipment or storage of 43 materials and equipment to be incorporated in the Work are to be obtained and paid for 44 by Contractor. Easements for permanent structures or permanent changes in existing 45 facilities are to be obtained and paid for by City unless otherwise provided in the 46 Contract Documents. 47 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 2 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 3 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 4 the award of contract at any time before the Bidder begins any construction work on the 5 project. 6 7 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 8 way, easements, and/or permits,and shall submit a schedule to the City of how 9 construction will proceed in the other areas of the project that do not require permits 10 and/or easements. 11 12 6. Interpretations and Addenda 13 14 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 15 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 16 received after this day may not be responded to. Interpretations or clarifications 17 considered necessary by City in response to such questions will be issued by Addenda 18 delivered to all parties recorded by City as having received the Bidding Documents. 19 Only questions answered by formal written Addenda will be binding. Oral and other 20 interpretations or clarifications will be without legal effect. 21 22 Address questions to: 23 24 City of Fort Worth 25 1000 Throckmorton Street 26 Fort Worth,TX 76102 27 Attn: Michael Weiss, PE, Transportation and Public Works 28 Email:Mchael.Weiss@fortworthtexas.gov 29 Phone:817-392-8485 30 31 32 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 33 City. 34 35 6.3.Addenda or clarifications may be posted via Buzzsaw at 36 bgps://projectpgint.buzzsaw.com/clienttfortworthgov/Infrastructure%2OProiects/00147%20- 37 %20Precinct%2OLine%2ORoad%2OROW/Proiect%2ODrawings/Final%2ODesign%2ODrawings/ 38 SD%20Extension 39 40 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 41 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 42 Project. Bidders are encouraged to attend and participate in the conference. City will 43 transmit to all prospective Bidders of record such Addenda as City considers necessary 44 in response to questions arising at the conference. Oral statements may not be relied 45 upon and will not be binding or legally effective. 46 47 7. Bid Security 48 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 2 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 3 the requirements of Paragraphs 5.01 of the General Conditions. 4 5 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 6 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 7 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 8 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 9 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 10 other Bidders whom City believes to have a reasonable chance of receiving the award 11 will be retained by City until final contract execution. 12 13 8. Contract Times 14 The number of days within which, or the dates by which,Milestones are to be achieved in 15 accordance with the General Requirements and the Work is to be completed and ready for 16 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 17 attached Bid Form. 18 19 9. Liquidated Damages 20 Provisions for liquidated damages are set forth in the Agreement. 21 22 10. Substitute and "Or-Equal" Items 23 The Contract,if awarded,will be on the basis of materials and equipment described in the 24 Bidding Documents without consideration of possible substitute or"or-equal" items. 25 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 26 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 27 City,application for such acceptance will not be considered by City until after the Effective 28 Date of the Agreement. The procedure for submission of any such application by Contractor 29 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 30 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 31 32 11. Subcontractors,Suppliers and Others 33 34 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 35 12-2011 (as amended),the City has goals for the participation of minority business 36 and/or small business enterprises in City contracts.A copy of the Ordinance can be 37 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 38 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 39 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 40 Venture Form as appropriate.The Forms including documentation must be received 41 by the City no later than 2:00 P.M. CST, on the second business days after the bid 42 opening date. The Bidder shall obtain a receipt from the City as evidence the 43 documentation was received.Failure to comply shall render the bid as non- 44 responsive. 45 46 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 47 or organization against whom Contractor has reasonable objection. 48 49 12. Bid Form 50 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 2 obtained from the City. 3 4 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 5 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 6 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 7 price item listed therein. In the case of optional alternatives,the words "No Bid," 8 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 9 written in ink in both words and numerals, for which the Bidder proposes to do the 10 work contemplated or furnish materials required. All prices shall be written legibly. 11 In case of discrepancy between price in written words and the price in written 12 numerals,the price in written words shall govern. 13 14 12.3. Bids by corporations shall be executed in the corporate name by the president or a 15 vice-president or other corporate officer accompanied by evidence of authority to 16 sign. The corporate seal shall be affixed. The corporate address and state of 17 incorporation shall be shown below the signature. 18 19 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 20 partner, whose title must appear under the signature accompanied by evidence of 21 authority to sign. The official address of the partnership shall be shown below the 22 signature. 23 24 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 25 member and accompanied by evidence of authority to sign. The state of formation of 26 the firm and the official address of the firm shall be shown. 27 28 12.6. Bids by individuals shall show the Bidder's name and official address. 29 30 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 31 indicated on the Bid Form. The official address of the joint venture shall be shown. 32 33 12.8. All names shall be typed or printed in ink below the signature. 34 35 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 36 which shall be filled in on the Bid Form. 37 38 12.10. Postal and e-mail addresses and telephone number for communications regarding the 39 Bid shall be shown. 40 41 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 42 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 43 to State Law Non Resident Bidder. 44 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 13. Submission of Bids 2 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 3 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 4 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 5 envelope,marked with the City Project Number,Project title,the name and address of 6 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 7 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 8 envelope with the notation"BID ENCLOSED" on the face of it. 9 10 14. Modification and Withdrawal of Bids 11 12 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 13 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 14 must be made in writing by an appropriate document duly executed in the manner 15 that a Bid must be executed and delivered to the place where Bids are to be submitted 16 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 17 are opened and publicly read aloud,the Bids for which a withdrawal request has been 18 properly filed may,at the option of the City, be returned unopened. 19 20 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 21 time set for the closing of Bid receipt. 22 23 15. Opening of Bids 24 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 25 abstract of the amounts of the base Bids and major alternates(if any)will be made available 26 to Bidders after the opening of Bids. 27 28 16. Bids to Remain Subject to Acceptance 29 All Bids will remain subject to acceptance for the time period specified for Notice of Award 30 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 31 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 32 33 17. Evaluation of Bids and Award of Contract 34 35 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 36 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 37 and to reject the Bid of any Bidder if City believes that it would not be in the best 38 interest of the Project to make an award to that Bidder,whether because the Bid is 39 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 40 meet any other pertinent standard or criteria established by City. City also reserves 41 the right to waive informalities not involving price,contract time or changes in the 42 Work with the Successful Bidder. Discrepancies between the multiplication of units 43 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 44 between the indicated sum of any column of figures and the correct sum thereof will 45 be resolved in favor of the correct sum. Discrepancies between words and figures 46 will be resolved in favor of the words. 47 CITY OF FORT WORTH Precinct Line Road Street Lighting Improrentents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 2 among the Bidders,Bidder is an interested party to any litigation against City, 3 City or Bidder may have a claim against the other or be engaged in litigation, 4 Bidder is in arrears on any existing contract or has defaulted on a previous 5 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 6 Bidder has uncompleted work which in the judgment of the City will prevent or 7 hinder the prompt completion of additional work if awarded. 8 9 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 10 other persons and organizations proposed for those portions of the Work as to which 11 the identity of Subcontractors, Suppliers, and other persons and organizations must 12 be submitted as provided in the Contract Documents or upon the request of the City. 13 City also may consider the operating costs,maintenance requirements,performance 14 data and guarantees of major items of materials and equipment proposed for 15 incorporation in the Work when such data is required to be submitted prior to the 16 Notice of Award. 17 18 17.3. City may conduct such investigations as City deems necessary to assist in the 19 evaluation of any Bid and to establish the responsibility, qualifications, and financial 20 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 21 organizations to perform and furnish the Work in accordance with the Contract 22 Documents to City's satisfaction within the prescribed time. 23 24 17.4. Contractor shall perform with his own organization, work of a value not less than 25 35%of the value embraced on the Contract, unless otherwise approved by the City. 26 27 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 28 responsive Bidder whose evaluation by City indicates that the award will be in the 29 best interests of the City. 30 31 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 32 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 33 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 34 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 35 comparable contract in the state in which the nonresident's principal place of 36 business is located. 37 38 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 39 to be awarded, City will award the Contract within 90 days after the day of the Bid 40 opening unless extended in writing. No other act of City or others will constitute 41 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 42 the City. 43 44 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 45 46 18. Signing of Agreement 47 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 48 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 49 Contractor shall sign and deliver the required number of counterparts of the Agreement to 50 City with the required Bonds, Certificates of Insurance, and all other required documentation. 51 City shall thereafter deliver one fully signed counterpart to Contractor. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised August 21,2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 2 3 4 END OF SECTION CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00/47 Revised August 21,2015 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ. df 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 F--] CIQ Form is being provided to the City Secretary 18 19 F-1 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 Standard Utility Construction,Inc. By: Greg Pinkerton 28 Company (P a Print) 29 30 2630 W.Freeway Ste.200 Signature: 31 Address 32 33 Fort Worth,TX 76102 Title: Vice President Operations 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Precinct Line Road Sheet Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised March 27,2012 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Precinct Line Road Street Lighting Improvements City Project No.: 00147 Units/Sections: 01 General 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.xls 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. Roadway and Pedestrian Lighting b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 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 41 00_00 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. Total Bid $77,875.07 7. Bid Submittal This Bid is submitted on March by the entity named below. Respectfully s bmi e Receipt is acknowledged of the initial following Addenda: Ai By: Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: Greg Pinkerton Addendum No. 4: (Printed Name) Title: Vice-President Opera0vii— Company: Standard Utility Construction,Inn Corporate Seal: Address: 2630 W, Freeway Ste.200 FoftWorth,TX 76102 State of Incorporation: Texas Email: gregpinkerton@standard-utility.com. Phone: 81 T-738-8400 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.zls 00 42 43 BID PROPOSAL Page I of 1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Unit of Bid No. Description Specification Section No. Measure Quantity Unit Price Bid Value 3441.1645 Furnish/Install Type 33A Arm 34 41 20 EA 42_ $357.80 $15,027.60 3441.3051 Furnish/Install LED Lighting Fixture(137 watt AT132 Cobra Head) 3441 20 EA 42 �_ $469.52 $19,719.84 3441.3352 Furnish/Install Rdway Illum TY 18 Pole �344120 EA 23 $1,652.71 $38,012.33 3441.3404 2-2-2-4 Quadplex Alum Elec Conductor 3441 20 LF 4817 .$0.90-- _I_ $4335.30 _ 3471.0001 Traffic Control 3471 13 MO I 2 $260.00 _ $520,00 3471.0002 Portable Message Sign 13471 13 WK 10 I $26.00 I $260.00 3471.0003 Traffic Control Details IM 71 13 EA 1 So.nn $0.00 Bid Summary Total Bi $77,875.07 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook-ds OD 43 13 BID BOND Page 4 of 8 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Standard Utility Construction, Inc. hereinafter called the Principal,and(Surety Name) SureTec Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of Greatest Amount Bid and No/100 Dollars ($, S% of GAB .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Precinct Line Road Street Lighting Improvements NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance With the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance With the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, Without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 16th day of March 2017. By: Compa y N e ere Standard Utility Construction, Inc. (Signature and'ritle of Principal) "By: Surety Name Here SureTec Insu11rance Company \ \ aron Clary-Attorney n Fact (Signet of Attorney-of--Fact) "Attach Power of Attorney(Surety) for Attomey-in-Fact Impressed Surety Seal Only 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 3700 45 12_00 35 13—Bid Propose)Workbook.xls SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage,rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: htW://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 06042014 1 POA#: 4221768 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Kae Perdue,John D. Fulkerson,Tom P.Ellis III,Donnie D. Doan,Dawn Davis,Kristi Meek, Walter J.De La Rosa,Sharon Clary, E. Ryan Bowles its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 05/18/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President,any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 27th day of June A.D, 2016 y�aAti�F SURETEC INSURANCE COMPANY „X...q, By, w; w ,y= John I� 5 2f os Jr: resident ; State of Texas ss: �;, 1 , Y€ County of Harriss On this 27th day of June A.D. 2016 before me personally came John Knox Jr.,to me known,who,being by me duly swom,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. C UELYN MALDONADO Notary PublicState olTexasomm.Exp.5/18/2017 JacgYlelyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of rCAN A.D. Bre t Beaty,Assistant§ecretary Any instrument issued in excess of the penalty stated above is totally void and without any vaiidtty- For verification of the authority of this power you may call(713)812-0800 any business ttay betwftn-8:00 am and 5:00 pm CST. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 5 of 8 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank ,our principal place of business, are required to be �'� Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas.X BIDDER: Standard Utility By: Greg Pinkerton Construction, Inc. irI'1 fzr 2630 W. Freeway Ste.200 (Signature) Fort Worth, TX 76102 Title: Vice-President Operations Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 004511 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun& Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital =current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None" or"N/A" should be inserted. 38 (2) A minimum of five (5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 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 Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 0045 12-1 PREQUALIFICATION STATEMENT Page I of I 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Roadwa-v and Standard Utility Construction, Inc. March 13, 2019 Pedestrian Lighting 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 14 Standard Utility Construction,Inc. By: Greg Pinkerton 15 Company j(PP) in 16 17 2630 W.Freeway Ste. 200 Signature: 18 Address 19 20 Fort Worth/Texas/76102 Title: Vice-President Operations 21 City/State/Zip (Please Print) 22 23 Date: 03/15/2017 24 25 END OF SECTION 26 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00/47 Revised July 1,2011 March 14,2017 Mr. Michael D. Navarro Standard Utility Construction Inc. 2630 W Freeway, Suite 200 Fort Worth,Texas 76102 RE: City of Fort Worth Street Lighting Pre-Qualification Mr.Navarro: Please accept this letter as Standard Utility Construction Inc. approval of pre-qualification for the installation of roadway and pedestrian lighting in the City of Fort Worth beginning today, March 14, 2017 through March 13, 2019. i If you need additional information or have any questions,please contact me at 817-392-8618 or by email at Quenell.Johnsonnfortworthtexas.gov. Sincerely, Quenell T. Johnso ,PE Senior Professional Engineer Transportation and Public Works Department i Fort Worth TRANSPORTATION AND PUBLIC WORKS DEPARTMENT TRAFFIC MANAGEMENT DNIsm I I I I` THE Crrr OF FORT WORTH ' 5001 Aims AvERUE * FORT WORTH,TEAS 76115 817-392-7738 FAx 817-392-2533 t%d•IM•2011 0 Printed on,ecyclea paper 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" 0045 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ❑ Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring- Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development,42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development,All Sizes Water Transmission, Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH Precinct Lane Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 20,2012 0045 13-3 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 (I5,000 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 Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 20,2012 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 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 Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 20,2012 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 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 Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 20,2012 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director, or stockholder or relative thereof. CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised December 20,2012 00 45 26-1 CONTRACTOR COMPLIANCE Will[WORKER'S COMPENSATION LAW Page I of I 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.00147.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 I 1 Standard Utility Construction, Inc. By: Greg Pinkerton 12 Company (Pl ase Pri t) 13 14 2630 W. Freeway, Ste. 200 Signature:_ 15 Address 16 17 Fort Worth,Texas 76102 Title: Vice President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority.on this day personally appeared 26 Greg Pinkerton ,known to me to be the person whose name is 27 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of Vice President,Standard Utility Construction for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of 32 May 2017 33 .. � 34 ;��a�'?�e., ANGELA fJ DEFEE HOBBS 35 rr° :�'; NOTARY PUELIC w• :•: ID# 130814092 36 pT000VVVQ State of Texas Notary P lc in and f he ate of Texas Fov?�• Comm.Exp.09-08-2020 37 38 END OF SECTION 39 CITY OF FORT WORTH Precinct Line Rood Srreel Lighting huprorements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 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 10%of the total bid value of the contract 14 15 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 16 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 17 18 COMPLIANCE TO BID SPECIFICATIONS 19 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 20 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 21 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 22 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 23 3. Good Faith Effort documentation,or; 24 4. Prime Waiver documentation. 25 26 SUBMITTAL OF REQUIRED DOCUMENTATION 27 The applicable documents must be received by the Purchasing Division, within the following times 28 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 29 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 30 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 31 time allocated. A faxed and/or emailed copy will not be accepted. 32 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 stated goal: 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. 33 34 35 36 37 38 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The MfWBE Office at(817)212-2674. 8 END OF SECTION CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised June 9,2015 ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Standard Utility Construction, Inc. PROJECT NAME: f MMIDBE NON-M/MDBE ( Precinct Line Road Street Lighting Improvements BID DATE March 16,2017 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 10 % 10 % =00,47 Identify all subcontractors/suppliers you will use on this project i Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m.five(5)City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule,conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being ' considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six(6)county marketplace at the time of bid. Marketplace is the geographic area of Tarrant Dallas Denton .Johnson Parker, and Wise counties. i Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1St tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace,that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized,the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned -by the MBE as outlined in the lease agreement. .Jr) I :59 OUT Rev.5/30/12 ATTACHMENT IA FolzTWPage 4 of 4 _ Ir— Total Dollar Amount of MBE Subcontractors/Suppliers $55,863.00 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $55,863.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for Initiating action under Federal,State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one(1)year. //a__ /w _,/ Greg Pinkerton Authori d Signature Printed Signature Vice President TMe contact Name title(If different) Standard Utility Construction, Inc. (817) 738-8400 Company Name Telephone andlor Fax 2630 W. Freeway Ste. 200 gregpinkerton@standard-utility.com Address E-mail Address Fort Worth, TX 76102 03/15/2017 costowzip Rate 3-� -17 P'12 :00 OUT Rev.5/30/12 CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW DEPARTMENT AND CITY MANAGER APPROVAL To: Michael Weiss Project Manager From: Tasha Kilgore (817) 212-2643 M/WBE Office Staff Extension Date: April 04, 2017 In the Amount of $77,875.07 TPW-00147 DOE/Project No. Project/Bid: Precint Line Road Streetlight Improvements 1. Compliance with the City's Business Diversity Enterprise (BDE) Ordinance has been achieved by the following method: a) Standard Utility Construction. Inc. is in compliance with the City's BDE Ordinance by committing to 12% MBE participation. The City's MBE goal on this project is 10%. 004541-1 SMALL BUSINESS ENTERPRISE GOAL Page 1 of 2 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 If the total dollar value of the contract is $50,000 or more, then a SBE subcontracting goal is 4 applicable. 5 6 POLICY STATEMENT 7 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 8 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 9 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 10 11 SBE PROJECT GOAL 12 The City's SBE goal on this project is <Insert proiect goal percentage>%of the base bid (Base bid 13 applies to Parks and Community Services). 14 15 Note: If both MSE and SBE subcontracting goals are established for this project, then an 16 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 17 responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a SBE subcontracting goal is applied Offerors are required 21 to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 24 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchase Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. Thi offe"r 31 " deliver the SBE documentation in person to the appropriate employee of the pmhasing 32 OvWw and obtain a date/time receipt. Such receipt shall be evidence that the City received#be 33 doomamdafim,in the time allocated. A faxed and/or emailedPy will not be >l� 1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m.,on the second City business met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business Utilization Form,if participation is less than days after the bid opening date, exclusive of the bid opening statedgoal: date. 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business Utilization Form,if no MBE participation: days after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm received no later than 2:00 p.m.,on the second City business will perform all subcontracting/supplier work: days after the bid opening date, exclusive of the bid opening date. 34 CITY OF FORT WORTH Precinct Line Road Street Lighting 1Wrovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised June 9,2015 004541-2 SMALL BUSINESS ENTERPRISE GOAL Page 2 of 2 1 5. Joint Venture Form,if goal is met or received no later than 2:00 p.m., on the second City business exceeded: days after the bid opening date, exclusive of the bid opening date. 2 3 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE 4 ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO 5 SPECIFICATIONS. 6 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN 7 THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL 8 RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. 9 THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A 10 DISQUALIFICATION PERIOD OF THREE YEARS. 11 Any questions, please contact the M/WBE Office at(817)212-2674 12 13 END OF SECTION CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised June 9,2015 005243-I Agreement Parc I of 5 1 SECTION 00 52 43 2 AGREEMC//T� __ �,/�3 THIS AGREEMENT,authorizedon /�011111s matiic by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Standard Utility Construction,Inc. 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 1 I Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Streel Lky-lifinz on Precinct Line Road 17 001,17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 90 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City One Thousand Dollars ($1.000.00) for each day that expires after the time specified 34 in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. CITY OF FORT WORTFI Precinct Line Raul Street Lighting Improvemenis STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised January 6.2017 005243-2 Agreement Page 2 of 5 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds ofSeventy.4eren Thousand Eklif Hundred Seventi-Fire 39 and 07/100 Dollars (S77.875.07). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(pr(#ect specirc) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 j. Form 1295 Certification No.2017-205562 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the [affective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Precinct Line Road Street Lighting hnproventents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised January 6,2017 005243-3 Agreement Page 3 of 5 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of,or alleged to arise out of,the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by anv act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by anv act,omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability, 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all III remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court For the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Precinct Line Road Street Ligbdrrg Improrcineirls STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised January 6.2017 WWOM nt Kwo 445 117 7.6 Other Provisions. I IS The Contractor agrees to Irl ' at least minimum "age per hour fir all labor as the same is 111) classified, promulgated and set out by the City. it copy of which is attached hereto and IN made it part hereof the sante as If It\\'ere copied 1'erbatim herein. 121 7.7 :Authority to Sign. 122 Contractor shall attach evidence Of authority to sign Agreement, if other than duly 123 authorised signatory ordw Contractor. 124 1?; CI'I'y UP KURT WORTI I Precinct Line Rend Street Lighting Improvements Sl'M)ARI),CONS Yk(IC PION SPIVIFICA I'I()N DOC'UMFNTS 00147 Re\'iscJJanuar� 0.'_'017 0052,13-5 Agreement Page 5 of 5 126 IN WITNESS WIII;RI:OF, City and Contractor have executed this Agreement in multiple 127 counterparts. 128 129 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 130 Contractor: City of ,ort I orth STANDARD UTILITY CONSTRUCTION 4AX(7 av Ch pa By:-41 Assistant City Manager (Signature) Date "7 Greg Pinkerton Attest: _ (Printed Name) City Secretary 0Y FQR (Seal) �0........ , ,►� . Title: Vice President `:. :g U Address: 2630 W. Freeway,Ste. 200 M&C No IK4-c- Date: Fort Worth/Texas/76102 City/State/Zip. Contract Compliance Manager. By signing, I acknowledge that I am the person 5-26-2017 responsible for the monitoring and Date administration of this contract, including ensuring all performance and reporting requirements. AZ"vi:-� Michael Weiss, P.E. Senior Professional Engineer Ap proved 0 Form and Legality: — �- -- Douglas W. Black 5r,Assistant City Attorney 131 132 133 APPROVAL RECOMMENDED: 134 135 W// '1� / f 136 l� U7 OFFICIAL RECORDDotrglcr Piersig. P.E. 138 D1REC R, 139 CITY SECRETARY Transporlalion&Public Wo s Deparinrew 140 FT.WORTH,TX C ITY Or FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMI:NTs 00147 Revised January 6.2017 Bond No.4409878 13 Issued In 4 Four Counterparts 0061 O-1 p PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Standard Utility Construction, Inc. ,known as 8 "Principal"herein and SureTec Insurance Company ,a corporate 9 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal 12 sum of,Seventy-Seven Thousand Eight Hundred Seventy-Five&07/100 Dollars 13 ($ 77,875.07 ),lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 15 ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Pnnc'pal h s entered into a certain written contract with the City �l d rn i rl 5 � cc yve 18 awarded tk�e---- —da�^f_ —�'nn__,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law,in the prosecution of the Work,including any Change 21 Orders,as provided for in said Contract designated as Street Lighting on Precinct Line Road, 22 00147. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Precinct Line Road Sheet Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNRD and SEALED 5 this instrument by duly authorized agents and officers on this the (� day of 6 Ju 20-a. 7 PRINCIPAL: 8 Standard Utility Construction, Inc. 9 10 11 BY: 12 Signature 13 ATT14 L 15 A/P 16 (Principal)Secretary Name and Title 17 18 Address: 2630 W. Freeway 19 Suite 200 20 Fort Worth,TX 76102 21 22 4he toPrinc' al 23 SURETY: 24 SureTec Insurance Company 25 -- — -- 26 27 BY: 28 Signature 29 30 Sharon Clary-Attorney-In-Fact 31 Name and Title 32 33 Address: 8144 Walnut Hill Lane 34 16th Floor 35 /n Dallas,TX 75231 36la) V J 37 Witness as to Surety Telephone Number: 972-770-1600 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 Bond No.4409878 Issued In (4) Four Counterparts 0061 14.1 PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Standard Utility Construction, Inc. known as 8 "Principal" herein, and SureTec Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a I 1 municipal corporation created pursuant to the laws of the State of Texas, known as"City" herein, 12 in the penal sum of Seventy-Seven Thousand Eight Hundred Seventy-Five&07/100 Dollars 13 ($_ 77,875.07 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas,for the payment of which sum well and truly be made,we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 HEREAS,Prmcip 1 has entered into a certain written Contract with City, awarded the 18 which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Sit-eel Lighting on Prechiel Lige Road, 00147. 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 Goverrunent 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 Precinct Line Rood Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 006114-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 ,20 . 4 PRINCIPAL: Standard Utility Construction,Inc. ATTEST: BY: 1 JAW#e P. h4a4tw'l Signature ,e&- -,(/" 12Lg,4s A Sre�kt rhe h4-'b (Principal)Sec etary Name and Title Address: 2630 W. Freeway Suite 200 4Fort Worth,TX 76102 _ itn as to ci al SURETY: SureTec Insurance Company ATTEST: BY: % _ Signature Sharon Clary-Attorney-In-Fact` (Surety)Secretary Name and Title Address: 8144 Walnut Hill Lane 16th Floor Dallas,TX 75231 Witness as to Surety Telephone Number: 972-770-1600 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. l l END OF SECTION 12 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 .Revised July 1,2011 Bond No.4409878 Issued in (4) Four Counterparts 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TA.RRANT § 7 That we Standard Utility Construction,Inc. ,known as 8 "Principal'herein and SureTec Insurance Company ,a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 12 in the sum of Seventy-Seven Thousand Eight Hundred Seventy-Five&07/100 Dollars 13 ($ 77,875.07 ),lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas,for payment of which suln 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.Princ'pal has entered into a certain written contract with the City awarded 19 - /5 citti which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials,equipment labor and other accessories as defined by law,in the prosecution of the 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work") as provided for in said contract and designated as Street Lighting on Precinct Line 24 Road, 00147; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 - after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 006119-2 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 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 i CITY OF FORT WORTH Precinct Line Road Street Lighting Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day of 3 20..L. 4 5 PRINCIPAL: 6 Standard Utility Construction,Inc. 7 Al 8 9 BY: _ 10 Signature 11 A 12 /tal•t�-� oL � �I � 0 13 14 (Principal)Secret6y Name and Title 15 16 Address: 2630 W.Freeway 17 Suite 200 18 Fort Worth,TX 76102 19 20 AieOtoPrine-Vipal 21 SURETY: 22 SureTec Insurance Company 23 24 C 25 B1.i r: 26 Signature 27 28 Sharon Clary-Attorney-In-Fagg 29 ATTEST: Name and Title 30 f, 31 _ Address: 8144 Walnut Hill LaJie- 32 (Sur y) ecretary 16th Floor _ 33 Dallas,TX 75231 } 34 35 Witness as to Surety Telephone Number: 972-770-1600 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address,both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. , 41 CITY OF FORT WORTH Precinct Lune Road Street Lighting Improvement? STANDARD CONVRUCIION SPECIFICATION DOCUMENTS 00147 Revised July 1,2011 I SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1 nn7 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. -------------------------------------------------------------------------------------------------------------------------- Texas Rider 06042015 1 POA#: 4221768 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Kae Perdue,John D. Fulkerson,Tom P. Ellis III, Donnie D. Doan, Dawn Davis,Kristi Meek, Walter J.De La Rosa, Sharon Clary, E. Ryan Bowles its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments,or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 001100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2019 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizanccs,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999.) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, is corporate seal to be hereto affixed this 19th day of April ,A.D. 2017 . BRAN ou"w SURETEC SURAN C 5 X...9F�,o By. LU w ;a John Knox ., resid t State of Texas ss: 7�•,v 1 �;'Y County of Harris n.n„ems On this i9th day of April,A.D. 2017 before me personally came John Knox Jr.,to me known,who,being by me y sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN GREENLEAF =a°,• Notary Public,State of Texas V. Comm.Expires 05-18-2021 Jac I n Greenleaf Notary Public Notary ID 126903029 9 y , y My commission expires May 18,2021 L M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of A.D. J 1)/W[7r M.Brent Beaty,Assistant Sec etary Any instrument issued in excess of the penalty stated above is totally vo@and without any validity. For verification of the authority of this power you may call(713)812-0800 apy business day between 8:00 am and 5:00 pm CST. DATE(MM/DD/YYYY) ACC)OR V CERTIFICATE OF LIABILITY INSURANCE 5/30/2017 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 CONTNAME: Cindy Williams Ml a Marsh&McLennan Agency, LLC company PHONE (AIg17-288-3907 FAX 817-288-3857 301 Commerce Street, Ste 2201 E-MAIL Fort Worth TX 76102 cindy_williams@mhbt.com INSURFRISi AFFORDING COVERAGE NAIC# INSURERA:The Charter Oak Fire Insurance Co. 25615 INSURED STANDUTI INSURER B:Travelers Indemnity Company 25658 Standard Utility Construction, Inc. INSURER C:Navi ators Insurance Group 2630 W. Freeway, Ste.200 Fort Worth TX 76102 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1482298879 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 i TYPE OF INSURANCE AD Li POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY C07C21413817 3/1/2017 3/1/2018 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE �X OCCUR � PREMISES Ea occurrence $300,000 �Xl 10.000 Property MED EXP(Any one person) $5,000 Damage Ded. PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 I POLICY� X JE O F7 LOC PRODUCTS-COMP/0P AGG $4,000.000 OTHER: $ B AUTOMOBILE LIABILITY 8107CO5012717 3/1/2017 3/1/2018 Ea accident)SINGLE L $2,000,000 I X ANY AUTO BODILY INJURY(Per person) $ �l ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ ' HIRED AUTOS NON-OWNED PROPERTY DAMAGE X X `--I AUTOS � � Per accident $ � $ C �I UMBRELLA LIAB Xi OCCUR H017EXC4535301V 3/1/2017 3/1/2018 EACH OCCURRENCE $9,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $9,000,000 DED RETENTION$ $ B WORKERS COMPENSATION UB7C21298117 3/1/2017 3/1/2018 X PER1 OTH- AND EMPLOYERS'LIABILITY YIN1 I STATUTE ER ANY PRO PRIETOR/PARTN ER/EXEC UTI VEE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED. [N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEO $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured form#CGT800 edition 09/10 applies to the General Liability policy. Waiver of subrogation form#CGD316 edition 11/11 applies to the General Liability policy. Primary& Non-Contributory General Liability form#CGT800 edition 09/10. Additional Insured form#CAT353 edition 02/15 applies to the Automobile Liability policy. Waiver of subrogation form#CAT353 edition 02/15 applies to the Automobile Liability policy. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation and Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: STANDUTI _ LOC#: ACC>RD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED MHBT, a Marsh &McLennan Agency, LLC company Standard Utility Construction, Inc. 2630 W. Freeway, Ste. 200 POLICY NUMBER Fort Worth Tx 76102 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Waiver of subrogation form#WC420304 edition 06/14 applies to the Workers Compensation policy. Alternate Employer Endorsement Form#WC000301 edition 01/94 applies to the Workers Compensation policy. Notice of Cancellation form#ILT405 edition 03/11 applies to the General Liability policy. Notice of Cancellation form#ILT405 edition 03/11 applies to the Automobile Liability policy. Notice of Cancellation form#WC420601 edition 01/94 applies to the Workers'Compensation policy. The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability,Automobile Liability and Worker's Compensation policy(ies)includes a blanket notice of cancellation to the certificate holder endorsement, providing for(60)days'advance written notice if the policy is canceled by the company,or 10 days' written notice before the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. Project: Precinct Line Road Streetlight Improvements City Project Number:00147 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.i-4 and 6 f(there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3.5,and 6 it 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, 2017-205562 Standard Utility Construction Fort Worth,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 05!10(2017 being filed. City of Fort Worth 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. 00147 This supercedes certificate#2017-196129 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Navarro,Michael Colleyvil e,TX United States X Pinkerton,Gregory Fort Worth,TX United States X Brockenbush.Thomas Fort Worth,TX United States X Standish,Kathi Fort Worth,TX United States X Standish,Kelly Fort Worth,TX United States X Standish,Steve Fort Worth,TX United States X Standish,Glenna Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under perwity of perjury,that the above disclosure is Utre and correct ,EIA N DEFEE HOBBS ia°' OTARY PUBLIC • a�, :D#130814092 q %•' ` '•. State of Texas r of;,:• mni Ex.) u3-_e•23�-4• Signatu f authorized agent of contmong business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me,by the said r this the_ ttilrtri 2010 ,to certify wNch,wiliness my(land arid seal 40111ce. ' - i ignatufe officer administering oath Printed nam I othcer administering oath Title of officer adaunistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 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 SPECIFICATION DOCUMENTS Revision:February 2,2016 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................................................... 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 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................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 Manager ............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments................................................................ .................52 ..................................... 14.03 Contractor's Warranty of Title ...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnory 2,2016