Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 46310
CITY SECRETAW k CONTRACT WO. 4tU FORT WORTH _;.GE. FILE CONSTRuCTICA'4I' COPY PROJECT MANUA�.LIEW L)FpART'I F-NT FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-E, PART 3 CITY PROJECT NO.02386 WATER PROJECT NO.P253-6081700238688 SANITARY PROJECT NO.P258-7081700238688 D.O.E. NO.7351 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Acting Director, Water Department Prepared for The City of Fort Worth 2014 ro-r�- ry —r-'F Ott Prepared by: ��PZE OF `fkgl� * + i..... . . . @RENT.E LEWIS Q�GINEERI�G +++-� .... .92662....... TX Firm Reg.No.12218 +:�•�`' l S • i •'�`"" 3950 Fossil Creek Blvd.,Suite 204 t;sSJ� ��'E�;= RECORD Fort Worth,Texas 053.00 6137 �FICIAI. EBG Project No. 12053.00 CITY sECRSTARY . If RECEIVED, AN 0 17 PM. FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014, WSM-E, PART 3 CITY PROJECT NO.02386 WATER PROJECT NO.P253-6081700238688 SANITARY PROJECT NO.P258-7081700238688 D.O.E.NO.7351 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Acting Director, Water Department Prepared for r The City of Fort Worth 2014 ra-ry`- ry Prepared by: ,~Ptd OF Tf�-tt r*. *1 r BRENT E, LEWIS r F� �G �....... GWEEFZ1 �:, .....926fi2.......: TX Firm Reg.No. 12218 •� CE�lSE •'� � 3950 Fossil Creek Blvd.,Suite 204 NAL Fort ENS•.. Fort Worth,Texas 053.0 �r��% �• EBG Project No. 12053.00 /+,"� I FO WO S. City of Fort Worth Standard Construction Specification Documents ON I� Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 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 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 0177 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 22,2013 City Project No.02386 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents 99 99 00 Temporary Asphalt Sidewalks,Driveways and Barrier Free Ramps 99 99 01 Temporary Asphalt Curb and Gutters Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: h!ps:Hprojecipoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Constnlction%2ODocuiric-iits/Si)ecific:itions Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03—Concrete 033000 Cast-in-Place Concrete 03 34 13 Controlled Low Strength Material 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 31 2323 Borrow 31 2500 Erosion and Sediment Control Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 33 Cement Treated Base Courses 321216 Asphalt Paving 32 13 13 Concrete Paving 31 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 3216 13 Concrete Curb and Gutters and Valley Gutters 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching,Seeding,and Sodding Division 33-Utilities 33 01 30 Sewer and Man tic)le Testing 3301 31 Closed Circuit Television(CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 30 Temporary Water Service 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains �• CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 22,2013 City Project No.02386 "4` 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 12 Water Line Lowering 3305 13 Frame Cover and Grade Rings 3305 17 Concrete Collars 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers-Locators 33 1105 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC)Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1240 Fire Hydrants 33 31 20 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33 31 50 Sanitary Sewer Service Connections and Service Line 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures Division 34- Transportation 3471 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority Business Enterprise Goal GC-6.07 Wage Rates GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 22,2013 City Project No.02386 IN M&C Review Pagel of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR_ TTWORT.H COUNCIL ACTION: Approved on 12/9/2014 -Ordinance Nos. 21585-12-2014 & 21586-12-2014 DATE: 12/9/2014 REFERENCE NO.: **C-27121 LOG NAME: 6014WSMEP3- CANARY CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Canary Construction, Inc., in the Amount of $748,703.00 for Water and Sanitary Sewer Replacement Contract 2014 WSM-E, Part 3 on Cain Court, Martha Lane, Normandy Road, North Edgewood Terrace and Rand Street, Provide for Project Costs and Contingencies for a Project Total in the Amount of $805,203.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: I� 1. Authorize the transfer of $805,203.00 from the Water and Sewer Operating Fund in the amount of $618,144.00 to the Water Capital Projects Fund and in the amount of $187,059.( to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriatioi in the Water Capital Projects Fund in the amount of $618,144.00 and the Sewer Capital Projects Fund in the amount of $187,059.00 from available funds; and 3. Authorize the execution of a contract with Canary Construction, Inc., in the amount of $748,703.00 for Water and Sanitary Sewer Replacement Contract 2014 WSM-E, Part 3. DISCUSSION: On September 9, 2014, (M&C C-26961) the City Council authorized an Engineering Agreement with EBG Engineering, LLC, to prepare the plans and specifications for Water and Sanitary Sewer Replacement Contract 2014, WSM-E. This Mayor and Council Communication is to authorize a construction contract for the replacement o the deteriorated water and/or sanitary sewer mains as indicated on the following streets: STREET FROM TO SCOPE OF WORK Cain Court North Edgewood West Dead End Water Terrace -` Martha Lane Frovine Street North Edgewood Water Terrace Normandy Road 110akland Boulevard IlSouth Ederville Road Water N. Edgewood Martha Lane Normandy Road Water/Sewer Terrace Rand Street IlSouth Ederville Road Meadowbrook Drive Water/Sewer The project was advertised for bid on October 16, 2014 and October 23, 2014 in the Fort Worth Star- Telegram. On November 6, 2014 the following bids were received: http://www.fortworthgov.org/council_packet/mc review.asp?ID=20563&councildate=12... 12/16/2014 M&C Review Page 2 of 3 BIDDER AMOUNT TIME OF COMPLETION Canary Construction, Inc. $748,703.00 130 Calendar Days lUtilitex Construction, Inc. $751,204.08 Excel 4 Construction, LLP $798,430.42 Atkins Brothers Equipment Company, Inc. $831,750.00 Jackson Construction, Ltd. $851,261.00 F— In addition to the contract cost, $22,500.00 (water: $16,500.00; sewer: $6,000.00) is required for construction staking, inspection and material testing and $34,000.00 (water: $25,000.00; sewer: $9,000.00) is provided for project contingencies. M/WBE Office - Canary Construction, Inc., is in compliance with the City's BDE Ordinance by committing to 17 percent MBE participation on this project. The City's MBE goal on this project is 15 percent. The project is located in COUNCIL DISTRICT 8, Mapsco 78D and 79A. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets as appropriated, of the Water Capital Projects Fund and the Sewer Capita Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&21 1) PE45 538040 0609020 $618,144.0 P253 476045 6081702386ZZ $618,144.00 1) PE45 538040 0709020 $187,059.0 2) P253 531200 608170238652 $1,000.00 3) P253 541200 608170238688 $576,644.0 2) P253 531350 608170238652 $3,000.00 3) P258 541200 708170238688 $172.059.0 2) P253 511010 608170238680 $2,000.00 2) P253 531350 608170238680 $500.00 ,M 2) P253 533010 608170238681 $500.00 2) P253 531200 608170238684 $2,500.00 2) P253 531350 608170238684 $1,000.00 2) P253 531350 608170238685 $6,000.00 2) P253 541200 608170238688 $601,644.00 2) P258 531200 708170238652 $500.00 2) P258 531350 708170238652 $1,000.00 2) P258 511010 708170238680 $1,000.00 2) P258 531350 708170238680 $250.00 2) P258 533010 708170238681 250.00 2) P258 531200 708170238684 $1,000.00 2) P258 531350 708170238684 $500.00 http://www.fortworthgov.org/council_packet/mc review.asp?ID=20563&councildate=l2... 12/16/2014 M&C Review Page 3 of 3 2) P258 531350 708170238685 $1,500.00 2) P258 541200 708170238688 $181.059.00 1&2) $187,059.00 P253 476045 7081702386ZZ Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS 6014WSMEP3-CANARY MAP 01 R.rdf 6014WSMEP3-CANARY P253 A015.docx 6014WSMEP3-CANARY P258 A015.docx http://www.fortworthgov.org/council_packet/mc review.asp?ID=20563&councildate=12... 12/16/2014 ADDENDUM NO. 1 CITY OF FORT WORTH WATER DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2014,WSM-E,PART 3 City Project No.02386 Water Project No.P253-608170238688 Sanitary Sewer Project No.P258-708170238688 D.O.E.NO.7351 Addendum No. 1.Issue Date: October 30,2014 Bid Receipt Date: November 6,2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. GENERAL Time is of the essence. The Contractor shall be prepared to start construction by the second week of January 2015 due to coordination with T/PW pavement rehabilitation projects. All time limits for Milestones,if any, and Final Acceptance within 130 days as stated in the Contract Documents are of the essence to this Contract. PRO.7F,CT MANUAL Remove and replace the following items in the Contract Documents: 1. Remove Section 00 4100 Bid Form in its entirety and Replace with the attached Section 00 4100 Bid Form.—Contract Time increased to 130 days. 2. Remove Section 00 42 43 Proposal Form in its entirety and Replace with the attached Section 00 42 43 Proposal Form.—Trak Control Tune for Section A— Water Improvements increased to 2.83 months and Section B—Sanitary Sewer Line Improvement bid items have been renumbered. 3. Remove Section 00 45 40 Minority Business Enterprise Goal in its entirety and Replace with the attached Section 00 45 40 Minority Business Enterprise Goal.—The City's MBE goal has been changed to 15%. r 4. Remove Section 00 52 43 Agreement in its entirety and Replace with the attached Section 00 52 43 Agreement,—Contract Time increased to 130 days. 5. Remove Appendix GC-4.02 Subsurface and Physical Conditions section in its entirety and Replace with the attached Appendix GC-4.02 Subsurface and Physical Conditions section.—Adds additional pavement cures for Martha Ln.., N. Edgewood Terr. and Normandy St.. ADDENDUM NO. 1 1 of 2 6. Remove Appendix GC-6.06D Minority Business Enterprise Goal section in its entirety and Replace with the attached Appendix GC-6.06D Minority Business Enterprise Goal section.—The City's MBE goal has been changed to 15%, All other provisions of the contract documents,drawings and project manual shall remain unchanged. Failure to return a signed copy of the addendum with the Proposal shall be grounds for tendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of bid submittal. a Water Department Andrew T.Cronberg,P.E. RFCEIP`l' ACKNOWI.F,CX.TF.D: Acting Director 1 / By.- BY: 4 Tony Sholola,P.E. Company: ,v}7 �. Engineering Manager(Water Dept.) ADDENDUM NO. 1 2 of 2 001113-1 INVrtATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Water and Sanitary Sewer Replacement,Contract 2014, 6 WSM-E,Part 3, City Project No.02386,DOE No. 7351, Water Project No. P253-608170238688 7 and Sanitary Sewer Project No. P258-708170238688 will be received by the City of Fort Worth 8 Purchasing Office: 9 10 City of Fort Worth 11 Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth,Texas 76102 14 until {1:30 P.M. CST,Thursday,November 6,2014,and bids will be opened publicly and read 15 aloud at 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 20 Section A—Water Line Improvements 21 4,169 LF 8"Water Pipe 22 107 LF 8"DIP Water Pipe 23 31 LF 6"Water Pipe 24 62 EA 1"Water Services 25 16 EA 8"Gate Valves 26 3 EA 6"Gate Valves 27 3 EA Fire Hydrants 28 a 29 Section B—Sanitary Sewer Line Improvements 30 333 LF 10" Sewer Pipe 31 88 LF 8" Sewer Pipe 32 802 LF 8"DIP Sewer Pipe 33 19 EA 4"Sewer Services 34 5 EA 4' Sewer Manholes 35 36 37 PREQUALIFICATION 38 The improvements included in this project must be performed by a contractor who is pre- 39 qualified by the City at the time of bid opening.The procedures for qualification and pre- 40 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 41 42 DOCUMENT EXAMINATION AND PROCUREMENTS 43 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 44 of Fort Worth's Purchasing Division website at ht!p://www.fortworthgov.org(purchasing/and 45 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 46 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 47 suppliers. 48 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised July 1,2011 City Project No.02386 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Copies of the Bidding and Contract Documents may be purchased from 2 3 EBG Engineering,LLC 4 3950 Fossil Creek Blvd., Suite 204 5 Fort Worth,Texas 76137 6 (817) 847-9581 7 8 The cost of Bidding and Contract Documents is: 9 Set of Bidding and Contract Documents with full size drawings: $50 10 Set of Bidding and Contract Documents with half size(if available)drawings: $30 11 12 PREBID CONFERENCE M. 13 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 14 BIDDERS at the following location,date,and time: 15 DATE: October 28, 2014 16 TIME: 9:30 AM 17 PLACE: City of Fort Worth Water Department 18 311 W. 10th Street 19 Fort Worth,Texas 76102 20 LOCATION: Conference Room 21 22 23 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 24 City reserves the right to waive irregularities and to accept or reject bids. 25 26 INQUIRIES 27 All inquiries relative to this procurement should be addressed to the following: 28 Attn: Mr.Liam Conlon,City of Fort Worth 29 Email: Liam.Conlon@fortworthtexas.gov 30 Phone: (817) 392-6824 31 AND/OR 32 Attn: Brent E.Lewis,EBG Engineering,LLC. 33 Email: blewis@ebgeng.com 34 Phone: (817) 847-9581 35 36 ADVERTISEMENT DATES 37 October 16, 2014 38 October 23, 2014 39 40 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised July 1,2011 City Project No.02386 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 Defined Terms 4 I� 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; r 40 https://projectpoint,buzzsaw.con/fortworthgyov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProjzram/PREQUALIFICATION%20REo 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https:/Hproiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaviniz 48 %20Contractor%2OPrequalification%o2OPro2ram/PREQUALIFICATION%20REQ „! 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https://prrojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%20and%2 5 OSanitM%2OSewer%2OContractor%2OPrequalification%2OProg_ram/WSS%20pre 6 qual%20requirements.doc?p1!blic 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 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid,each Bidder shall: 35 36 4.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents (including "technical data" referred to in 38 Paragraph 4.2.below). No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost,progress,performance or furnishing of the 44 Work. 45 r 46 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 49 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities) that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data 11 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research,investigations, tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request,City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. b. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion, and obtain all information .. 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates,investigation,research,tests,explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings,if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 1 49 conditions which actually exist. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures (except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents,but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is �- 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data,interpretations, opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 27 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing w 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way,easements, and/or permits are not obtained, the City reserves the right to cancel _ 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 dft CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way,easements, and/or permits, and shall submit a schedule to the City of how - 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to - 9 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Mr.Liam Conlon,Water Department 22 Fax: (817) 392-8195 23 Email: Liam.Conlon@fortworthtexas.gov 24 Phone: (817) 392-6824 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at: 31 https://projectpoint.buzzsaw.com/client/fortworthgovllnfrastructure Projects/02386- 32 Water and Sewer Replace Contract 2014 WSM-E Part 3/Bid Documents Package/ 33 Addenda 34 35 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 36 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 37 Project. Bidders are encouraged to attend and participate in the conference. City will 38 transmit to all prospective Bidders of record such Addenda as City considers necessary 39 in response to questions arising at the conference. Oral statements may not be relied 40 upon and will not be binding or legally effective. 41 42 7. Bid Security 43 44 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 45 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 46 the requirements of Paragraphs 5.01 of the General Conditions. 47 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 MR 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which,or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract,if awarded, will be on the basis of materials and equipment described in the MM 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General w 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others r` 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint -� 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 38 opening date.The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received.Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor,Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a �. 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. - 23 24 17. Evaluation of Bids and Award of Contract 25 �. 26 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 27 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best F 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded,City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds,Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised November 27,2012 City Project No.02386 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. htti2://www.ethics.state.tx.us/forms/CIQ,pd hfti)://www.ethics.state.tx.us/forms/CIS.pd CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: 0 By: � 0 Signature: 0 0 Title; 0 a, END OF SECTION A l�N CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 4++ Form Revised 20120327 _Bid Proposal Workbook.xls 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Water and Sanitary Sewer Replacement Contract 2014,WSM-E, Part 3 City Project No.: 02386 Units/Sections: Section A-Water Line Improvements Section B-Sanitary Sewer Line Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. 'coercive practice" means harming or threatening to harm,directly or indirectly, persons or their _ property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook* 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution, Urban and Renewal, 12-inch diameter and smaller b. Sewer Collection System, Urban/Renewal,8-inches and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 130 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. MW BE Forms (optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 'If necessary,CIO or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 00 41 00 BID FORM Page 3 of 3 7. Bid Submittal f 1 This Bid is submitted on ! `w' f by the entity named below. Respe submitted, Receipt is acknowledged of the Initial following Addenda: By: I Addendum No. 1: (S nature) Addendum No. 2: Addendum No. 3: Addendum No. 4: (Printed Name) ,ff Company: �_1c;f �` �t. lis 1 `a' x`-t'. - y �. Corporate Seal: r t ( Address: State of Incorporation: f}...-k /�yy ,,^,, Email: t.�L�l��'� ,( f tom' Phone: ��— r END OF SECTION it it r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS _Bid Proposal Workbook.xls Form Revised 20120327 004243 BID PRCROSAL pati 1 d2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Section Unit of Bid No. Description No. Measure �ftLy Unit Price Bid V" Section A-Water Line Improvements 1 3311.0451 12"DIP Water 3311 10 a. LF 64 SS t70 _ Jr2 0,00 ._,__._..___.._..._-._.___,._,__...___..._.._.__,_.___.._. _ 2 3311.0241 8"Water Pipe_ _._.. ...._... 3311 10,33 11 12 -LF 3,217 5( .p a^` ..... _-- -. ._..._------•-...._---.......i- --..._ 3... ..3311 0251$ DIP Water 3311 10 LF 1 180 5-,S-,o___ _Q.._ _ �Dt? 00 .__. ... .. ....... .. _. 4 1.0 1 41 G Water Pi 33 11 10,33 1112 LF 31 _ OD 5 3311.0001 Ductile Iron Water Fittings wf Restraint 331111 TON 1.75 tQmm ' O� _...-----_.(6 inch through 12-inch Pipe).._........._. ......... _._. _._ 7 Q 7 6 0241 1302 Remove 6"Water Valve 02 41 14 EA 9 1 tiJ 3_x(1:_C�3._.3�__. Q 7 0241.1303 Remove 8'Water Valve 02 41 14 8 0241.1305 Remove 12'Water Vafve 02 41 14 FA 2 ,Q p /� 9. 0241_1510 Salvage Fire Hydrant_.._.__ ... _... ...-. . ........02......._ 14___.. ...11-- -2.. 10 3201.04 Temporary Asphalt Pavement Repair 3201 18 LF 4,183 (Water) .._-... .. .. .. ...... ... '..©�__ 7S2 19,00 3201 0113 6 Wide Asphalt Pavement Repair, 11 320117 LF 210 Residential(Water) 9a, p() _(�G !! 12 3201 0614 Conc Pvrrt Repair,Residential(Water) 32 01 29 SY 45 _....... 99990000TemporaryAsphalt Pvmt Repair Water 13 Service 3201 18 LF yS,0�650 00tAA _ _ 14 9999,0000 Te ra As halt Sidewalk ter 99 99 00 SF _50 _ _ 15 9999.0000 Temporary Asphalt Driveway Repair(Water) 999900 SF 60M t1 5 00 700"0'0 a' -. ..._....._......_._..... .._........... ----_-..._._.__....__._.........._................_............,....._.............................__.__............................................................._._.-............_..... ._...._._._....._._-- - - KV----- 9999.0000 Temporary Asphalt Curb and Gutter Repair e 16 (Water) 999901 LF 190 2-0,00 Ti 3292.0101 Utility Service Surface Restoration Sodding 32 92 13 SY 135 �,Q _ y�..__e._�_ 18 3304_0101 Temporary Water Services 33 04 30 LS 1 g _ ---t 19 3305.0003 8'Water Line Lowerin 33 0512 EA S__.. _.i�soQ.zQl2._..Z - ads OQ 9 _. 20 3305 0109 Trench Safety(Water) 33 05 10 LF _ .5 21 3312 0001 Pire Hydrant 331240 EA 3 3�'p,(e D JA,{t7 per¢ 22 3312 0117 Connection to Existing 4'-12"Wafter Main 33 i2 25 EA 18 23 0241 1512 Salvage 1"Water Meter^ _._econ..........._..__.._._ 02 41 14 EA 5_ 24 3312.2001 1 Water Sernce Meter Rnection 331210 F.A 62 Z,�O,GQ 0 ._---- _-.__ . ._. ., .. _ J 25 3312 2003 1 Water Service 331210 EA M 62 26 3312.2004 1 Private Water Service 331210 LF 75 00 27 33123002 6'Gate Valve 28 3312 3003 8"Gate Valve 3312 20 EA 20_ .__ 29 3312.30051Y Gate Valve 3312 20 EA 2j 30 3471.0001 Traffic Control 31 3125.0101 SWPPP a 1 acre(Water) 31 25 00 LS— 1 Water Line Improviments Total f76/ e G%vim CIrY OF FORT WORTH 3rANDARDCONSrRUCnONSPECh7CATIONDOCU S Faonitevi"dW120120 - Bid Pmp®i woed-*xb 004243 SIDPROPOSAL Pare 2 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application rProject Item Information Biddes Proposal Bi,W!a Item Specification Section Unit or Bid NO. Description No. Measure Quantity Unit Price Bidvalue Section B-Sanitary Sewer Line Improvements - 32 3331.4201 10'Sewer Pipe ._.._._............ 33 11 10,33 31 20 LF 333 c OD F^_ .0 33 3331.4115 8'Sewer Pipe _.....__ 3311 10,33 31 20 LF �88 2,00 34 3331 41198"DIP Sewer Pipe __ 33 31 20 LF 802 39 3305.01 Trench Safety(Sanitary Sewer) 330510 LF 1,223 36 3301 0001 Pre CCN Inspection 330131 LF 1,218 �)�EO 37 3301 0002 Post-CCN Inspection 330131 LF 1,223 ._...___.... _. 38 3331 3101 4 SewerService 333150 EA 22 - 1.00.00_ 2Ut pOt1.00 39 3331.33114"Sewer Service Reconnection 33 31 50 EA 22 ,OQ (� 40 33391001 4 Manhole 33 3910,33 39 20 EA 5p0 41 3339.1003 4'Extra De h Manhole 33 3910,33 39 20 VF 3 �2 0 0,00 06,01)._._,.__ pt 42 3339.0001 Epoxy Manhole Liner 33 39 80.. VF . 11p _._.-.__ �. 7��� 43 3305.0112 Concrete Collar 33 05 17 EA ti _„ ._.. _St Oe.l ._ 1s_. . G0. - ---. ..._...... - 44 3305.0113 Trench Water Stops 33. EA 45 3301.0101 Manhole Vacuum Testing 330130 EA 5 46 3201`0400 Temporaij sp It Paving Repair(Sewer) 32 01 18 �F...... __Tam_ ._..22•©D _ 2... 47 3201.0123 6'Wide Asphalt Pvrrd Repar,Arterial(Sewer) 3201 17 LF 155 bS,00 ld,d7S.v© 48 9999.0000 Temporary Asphalt Pvmt Repair,Sewer 32 01 18 LF 100 Service 20.GD Zj Oo0,00 ._........�....__ .... _. _ ._...__._-----. .._ . ._.__..._ _.__...._............ _ - ' _.._.._ ... ._ .» _ __.-__- _- 49 9999.0000 Temporary Asphalt Driveway Repair(Sewer) 999900 SF 40 50 9999.0000 Temporary Asphalt Curb and Gutter Repair 999901 LF 65 22,00 04 30-00 (Sewer) 51 3292.0101 Utility Serviceu .Srface Restoration Sodding 32 92 13 SY 50 __....__.u........ ......._._.......... ......__._._..__ ....._. 52 330.0001 Concrete Ef=seSevier Pipe_._........_..............._.._............ - _ Cy 10 2s�•CJ 2. 5400.00 _..__53......._. 3471.0001 Traffic Control(Sanitary Sewer) 3471 13 54 3125.0101 SWPPP 2 1 acre(Sanitary Sewerj 31 25 00 LS 1 2.&0.00 ZOO•o a Sanitary Sewer Line Improvements Total j 00 Total Bid er and Sptii�r� q8/7 63, 00 END OF SECTION ' s CrrY OFFORT WORTtd STANDARD CONSTRUCTION SPEC71CATIONDOCUMF.NO FcamRrvi1ed20120120 WenCDuoisL 00 43 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) L, el .14 L 0 +. ,1�(' hereinafter called the Principal, and(Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spe'l out Numbers Here q FN1 No/100 Dollars ($ Numerals Here .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 Water and Sanitary Sewer Replacement Contract 2014,WSM-E, Part 3 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of , 2014. By: 0 (Signature and Title of Principal) By.. St . (Signature of Attorney-of-Fact) `Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal -. Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 _Bid Proposal Workbook.xls No 00 43 37 PW VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 P& 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 $f , our principal place of business, are required to be % to percent lower than resident bidders by State Law. A copy of the statute is attached. PM Nonresident bidders in the State of b# 6= 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. `1 -- BIDDER: 0 By: 0 0 0 Signature) 0 w Title: 0 . r Date: w END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS _Bid Proposal Workbook-As Revised 20110627 i 00 45 11 -1 BIDDERS PREQUALIFICATIONS i 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 i 20 (4) Statement of Retained Earnings I21 (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 E)e 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised July 1,2011 City Project No.02386 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact,independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised July 1,2011 City Project No.02386 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 8 END OF SECTION 9 r I CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised July 1,2011 City Project No.02386 004512 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution, Urban and c Renewal, 12-inch diameter and Company Nama Hwv(* �x smaller777777'7m % 777 Sewer Collection System, Urban/Renewal 8-inches and Covn 8 N2"me. smaller _ x s � #REF! Company Name.Flora oT space 4 X ..uP:..c= .r, .'� e+C #REF! Corr`rpany Narr1e Here or spare The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: 0 By: 0 i1\ 0 0 (Signature) 0 Title: 0 Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Bid Proposal Workbook.xls Form Revised 20120120 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 02386. Contractor further certifies that, pursuant to Texas Labor Code, Section -- 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 12 9 , F .,,T '� „By. 6 I r 13 Company 14 15 Signature: 16 Address 17 18 _ Title: 19 City/Sthte%ip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 `lG5 24 COUNTY O § 25 26 BEFORE ME the undersigned authority,on this day personally appeared 27 P4 A,t �rs T-7 61 ,known to me to be the person whose name is 28 subscribed to the o,} foregn instt,agd ackpowledged to me that he/she executed the same as 29 the act and deed of C''arum/V Asl rue/x'0'1 for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND ANI) SEAL OF OFFICE this 2 i y of 33 Dt C• 2�\\\11NIIIIIIIII//// 34 AN ER SoNti�,��� t 35 36 37 = = N Publicin and for the State of Texas 38 ��i •• 'p. OF 39 �i, F &CTION 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Pad 3 Revised July 1,2011 City Project No.02386 PM 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 ^� 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 15% of the total bid (Base bid applies to Parks and 16 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 17 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 PP& 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: ~ 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive.Any questions,please contact the M/WBE Office at(817) 392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The FP 34 r shall deliver the MBE documentation in person to the appropriate employee of the Al ` l 35 Deportimm.and obtain a date/time receipt. Such receipt shall be evidence that the City received tW 36judw in the time allocated. A faxed twuy will not be acc ed,1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after �. Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014,WSM-E,Part 3 Revised December 20,20I2 City Project No.02386 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 9 December 2014 is made by and between the City of 4 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager,("City"), and CANARY CONSTRUCTION,INC, authorized to do business in Texas, 6 acting by and through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Water and Sanitary Sewer Replacement Contract 2014 WSM-E Part 3 City Project No. 16 02386 DOE 7351 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 130 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. r CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM_E,Part 3 Revised June 4,2012 City Project No.02386 005243-2 Agreement Page 2 of 4 36 Article 4.CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of SEVEN HUNDRED FORTY EIGHT THOUSAND 39 SEVEN HUNDRED AND THREE DOLLARS AND NO CENTS($748,703.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued,become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM E,Part 3 Revised June 4,2012 City Project No.02386 005243-3 Agreement Page 3 of 4 75 Article 6.INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of,the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleeed or proven that all or some of the damages being 82 sought were caused,in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. y 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. v 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM_E,Part 3 NO Revised June 4,2012 City Project No.02386 005243-4 Agreement Page 4 of 4 120 7.6 Other Provisions. 121 The Contractor agrees to pay at least minimum wage per hour for all labor as the 122 same is classified, promulgated and set out by the City, a copy of which is attached 123 hereto and made a part hereof the same as if it were copied verbatim herein. 124 7.7 Authority to Sign. 125 Contractor shall attach evidence of authority to sign Agreement, if other than duly 126 authorized signatory of the Contractor. 127 128 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 129 counterparts. 130 131 This Agreement is effective as of the last date signed by the Parties ("Effective Date'. �. 132 Contractor: City of Fort Worth Canary Construction, .Inc. ��� r+ gy; � Fernando Costa By: Assistant City Manager (Signature) Date - Attest: (Printed Name) Mary i. Ka ser, City Secretary 0 �0*00 o°°°'°� "y (Seal) I--� 8� 'Tii� e n� a tle: T�e5 y Address: "OO000000° M&C L Z T�x�►5 Date: ! L 'f• J y City/State/Zip: CVj 7 D (� p Legality: A rov s to Form and Le ali Date Dougla . Black Assistant City Attorney 133 134 135 APPROVAL RECOMMENDED: 136 137 138 139 Andrew T. Cronberg, P-E(J 140 OFFICIAL RECORD Interim DIRECTOR, 141 CITY SECRETARY water Department 142 FT.WORTH,TX CITY OF FORT WORTH Water and Sanitary Sewer Contract 2014 WSM-E,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.2386 Revised August 17,2012 Bond No. 4394701 0061 13-1 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,Canary Construction,Inc.,known as"Principal"herein and 8 SureTec Insurance Company a corporate surety(sureties, if more than one)duly authorized to 9 do business in the State of Texas, known as"Surety"herein(whether one or more),are held and 10 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of 11 Texas,known as"City"herein,in the penal sum of,SEVEN HUNDRED FORTY EIGHT 12 LHOUSAND SEVEN HU,aRED AND THREE DOLLARS AND NO CENTS 13 ($748,703.00)lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, 15 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 9 day of December,2014,which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work,including any Change Orders, 20 as provided for in said Contract designated as Water and Sanitary Sewer Replacement Contract 21 2014 WSM-E Part 3 City Project No. 02386 DOE 73R 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E,Part 3 Revised July 1,2011 City Project No.02396 Bond No. 4394701 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in rt 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 9 day of December.2014. 6 PRINCIPAL: 7 Cana1v Construction, Inc. - 8 9 10 BY, 11 nature 12 A ST• I4 i 15 (Princii cretary Name and Title 16 17 Address: 523 Greenwich Lane 18 Coppell, TX 75019 19 20 21 Witn as to Pri 'pal 22 SURETY: 23 SureTec Insurance Company - 24 25 26 BY: 27ignature 28 29 Joseph P. O'Connor, Attorney-in-Fact 30 Name and Title _ 31 32 Address: 9737 Great Hills Trail, Suite 320 33 Austin, TX 78759 34 ss 35 C 36 itness as to S et Kate Jau gui Telephone Number:1-866-732-0099 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If _ 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E,Part 3 Revised July 1,2011 City Project No.02386 p Bond No. 4394701 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 9 day of December,2014. 3 4 PRINCIPAL: ana y Co1],qtr1lct on., Tnc- ATT T: BY: !" ig ture - WAro I aX4 (5U k en r �. .W (Iffin ' ec taryName and Title Address: 523 Greenwich Lane Connell TX 75019 Itnes o Prin al SURETY: SureTec Insurance C:omlpany aft ATTEST: BY: Si gi Calfu;rcK Joseph P. O'Connor, Attorney-in-Fact (Surety)Secretary Name and Title Address. 9737 Great Hills Trail, Suite 320 Austin TX 78759 itness as to S r y, Kate uregui Telephone Number: 1-866-732-0099 S 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. 11 END OF SECTION 12 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E Part 3 Revised July 1,2011 City Project No.02386 Bond No. 4394701 0061 19-1 MAINTENANCE BOND Pagel of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Canary Construction Inc., known as"Principal"herein and SureTec 8 Insurance Company ,a corporate surety(sureties, if more than one)duty authorized to do 9 business in the State of Texas, known as"Surety"herein(whether one or more),are held and 10 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of 11 the State of Texas,known as"City"herein, in the sum of SEVEN HUNDRED FORTY EIGHT 12 THOUSAND SEVEN HUNDRED AND THREE DOLLARS AND NO CENTS 13 ($748,703.00), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors, we 15 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 9 19 day of December,2014,which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as Water and Sanitary Sewer Realacement Contract 2014 WSM-E Part 3 City 24 Project No.02386 DOE 7351;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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E Part 3 Revised July I,2011 City Project No.02386 Bond No. 4394701 0061 19-2 MAINTENANCE BOND Page 2 of 3 ' 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion r- 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 bome 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 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E Part 3, Revised July 1,2011 City Project No.02386 Bond No. 4394701 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 9 day of December,2014. 3 4 PRINCIPAL: 5 Can Construction, Inc. 6 8 BYAgnature 9 10 4ATT :11 1213 Secretary Name and Title 14 15 Address: 523 Greenwich Lane 16 Coppell, TX 75019 17 18 19 Witness a Princip 20 SURETY: 21 SureTec Insurance Company 22 23 24 BY: 25 nature 26 27 Joseph P. O'Connor, Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 9737 Great Hills Trail, Suite 320 31 (Surety)Secretary Austin TX 78759 32 33 _ 34 itne s as to Sure Kate Jauregui Telephone Number:l-8 6 6-732-0099 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-E Part 3 Revised July 1,2011 City Project No.02386 { SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------- Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. -------------------------------------------------------------------------------------------------------- Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev 1.1.06 POA N: 4221025 a 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 Paul G.Adam,Peter S.Batjer,Joseph P.O'Connor, Lisa W. Friend, Casey Simmons, Barbara Newcomb,Susan D.B.Muniz,Kate Jauregui 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 Attomey-in-fact may do in the premises. Said appointment shall continue in force until 12/3112016 and is made under and by authority of the following F0 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Anorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) PE 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 21st day of March,A.D.2013. (d, , SURETEC INSURANCE COMPANY XA .03% By: John Knox Jr resident State of Texas ss: .County of Harris ....WIIN*„IMS On this 21 st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. !� SDONADOlicxas5/1812017 Jacq elyn 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 Director,_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 27A11day of ,_ [ ,A D. A'2; M.l� Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. CANAR-1 OP ID.:AS CERTIFICATE OF LIABILITY INSURANCE D12/22/2014YJ ►� 12/22/2014 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Trimble-Batjer San Angelo PHONE Andrea Bale OFAX P 0 Box 2480 11C,No Etl:325-340-9933 ac No: 325-653-4883 San Angelo,TX 76902-2480 Joseph P.O'ConnorSJT NB ADDRESS:andrea@trimble-batjer.com INSURERS AFFORDING COVERAGE NAIC# ... INSURER A:Bituminous Casualty Corp 20095 INSURED Canary Construction,Inc. INSURER B:Texas Mutual Ins.Co. 22945 523 Greenwich Lane Coppell,TX 75019 INSURER C: ai INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AODL SUB POLICY NUMBER MM/DDY EFF M°�o EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLP3600922H 04/12/2014 04/12/2015 PREMISES Ea occurrence $ 100,00 CLAIMS-MADE EK OCCUR MED EXP(Any one person) $ 5,00 SEE BELOW PERSONAL 8 ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE UMIr APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICYX PRO- LOC $ JE T AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A X ANY AUTO CAP3600931 H 04/12/2014 04/12/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS $ AUTOS PER ACCIDEN See Below $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAR CLAIMS-MADE CUP2805058H 04/12/2014 04/12/2015 AGGREGATE 5 2,000,000 DED I X I RETENTIONS 10000 $ WORKERS COMPENSATIONX WC STATU- OTH- AND EMPLOYERS'LIABILITY Y IN T Y L ,. B ANY PROPRIETOR/PARTNER/EXECUTIVE� N 1 A SF0001199748 04/12/2014 04/12/2015 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 0 es,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) SEE REVERSE FOR SPECIAL PROVISIONS. RE: Water 6 Sanitary Sewer Replacement Contract 2014 WSM-E Part 3 CERTIFICATE HOLDER CANCELLATION CITFTT1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Ft Worth 1000 Throckmorton -_ Ft Worth,TX 76102-6312 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CANAR-1 PAGE 2 NOTEPAD INSURED'S NAME Canary Construction,Inc. OP ID:AB Date 12/22/2014 **SPEC'AL PROVISIONS- Policies include a blanket additional insured endorsement (except wc) (with general liability including products/completed operations) primary 6 non-contributory coverage, and a blanket waiver of subrogation endorsement all in favor of any person or organization as required by signed, written contract unless otherwise endorsed. HAVE ISSUED AN INDUSTRY STANDARD ACORD CERTIFICATE OF INSURANCE FOR OUR CUSTOMER. A LAW PASSED BY THE TEXAS LEGISLATURE'EFFECTIVE JANUARY 1, 2012 (SENATE BILL 425) PROHIBITS US FROM ADDING SPECIAL WORDING TO THE CERTIFICATE THAT WOULD (1) ALTER, AMEND OR EXTEND COVERAGE OR TERMS AND CONDITIONS PROVIDED BY THE INSURANCE POLICY; AND (2) PROVIDE FALSE OR MISLEADING INFORMATION CONCERNING THE INSURANCE POLICY; OR (3) REFER TO A LEGAL OR INSURANCE REQUIREMENT CONTAINED IN A CONTRACT. +w .r STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page fi 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............................................................................................................................11 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 WL CITY OF FORT WORTH P, STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 .- 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative.................................................................. .. ............................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 = 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 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.......................................................... 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 - 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dacember2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Cmanges 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 A rticle 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15 -Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 Article17—Miscellaneous.......................................... , .......,.........................,,............................................62 17.01 Giving Notice.............................................. ... .......... ...........i.,..................................................62 17.02 Computation of Times.................................... ............................................................................62 17.03 Cumulative Remedies....................... . .. ...................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings..................................... . .................................................................................. .,...,....63 MV i1 a CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 UU/L UU-1 General Conditions Page I of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed ,. below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, !- correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor �• during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. .. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid s, security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH �. STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/L UU-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts dw involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. dW 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the .� Contract. A demand for money or services by a third parry is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember21,2012 UU/L UU-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. , 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU/1 UU-I General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. Mq 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square Eq inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dezernber2l,2012 UU UU-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising rthe Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. r53. Project Representative—The authorized representative of the City who will be assigned to the Site. r54. Public Meeting An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. ,Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. ,Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications .�, may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. A 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. r CITY OF FORT WORTH WL STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/1 UU-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. r 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours —Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or MF providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions .� not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 VU/1 UU-1 General Conditions Page 7 of 63 w., 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean .., furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in - accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU 12 UU-I General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the y, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deatnber2l,20I2 "" UU12UU-I General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is po provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by Implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there r were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies rA. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each rpart of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected rthereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the ON performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU 12 UU-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies.- 1. iscrepancies.•1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: _ 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:DeoeniW21,2012 UU UU-l General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting ~� from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply �I in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. P" i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenker2l,2012