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HomeMy WebLinkAboutContract 47922 _, 4;tmy 10 p.O.E•FILE PING CO. ewer-I Cx 'S FORT WORTH cmr SEC10 M-rAff 1J, 9 ' ' lows COPY COWRA T 010, CUE1j I*PARI"EN' PROJECT MANUAL FOR THE CONSTRUCTION OF CONCRETE RESTORATION (2016-1) AT VARIOUS LOCATIONS City Project No.100064 ■ Betsy Price David Cooke Mayor City Manager Douglas W.Wiersig,P.E. Director,Transportation and Public Works Department ■ r Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2016 P'6,E OF eoeoa•e.eo•. � o • t' MAD 1. .'•a e/���•q..__ :•:aA.•./ a • / ,f�o—oe oboe i s OFFICIAL RECORD CITY SECRETARY lyS FT. WORTH, TX RECEIVED' '., JUN 2 3 2016 n 0005 15-1 ADDENDA Page 1 of 1 1 SECTION 00 05 15 2 ADDENDA No. 1 3 4 5 The Contract and documents for this project are hereby revised or amended to clarify the followings: 6 7 1. Remove SECTION 00 45 00—'MINORITY BUSINESS ENTERPRIDE GOAL and replace 8 with attached revised SECTION 00 45 00—MINORITY BUSINESS ENTERPRISE GOAL 9 10 Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of 11 bidding.Failure to return a signed copy of this addendum may be grounds for rendering the bid as 12 nonresponsive. 13 14 Receipt Acknowledges: 15 16 By: By: 17 Tariqul Islam 18 Project Manager 19 20 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100064 Revised July 1,2011 00 4540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (M[BE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL. 14 The City's MBE goal on this project is 14% of the total bid (Base bid applies to Parks and 15 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 16 project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered responsive etto�ecifications. Elie 33 Offezorlthall de�erihe MBE documentation zll person to the approprlate'employee of the Managmg 34 Ile ent an obtain adate/time recex�t Sueli ieceipt shall be.evrdene ,that er. eceived ihq, 35 documezltatiotlill tlie.time Allocated.:A faxed copywill aot be acre telt. 1. Subcontractor Utilization Form,if goal received by 2:00 p.m., on the second City business days after is met or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second City business days after Utilization Form,if participation is less the bid opening date,exclusive of the bid opening date. than statedgoal: 3. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second 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 received by 2:00 p.m., on the second City business days after will perform all subcontracting/supplier the bid opening date,exclusive of the bid opening date. work: 5. Joint Venture Form,if utilizing a joint received by 2:00 p.m., on the second City business days after venture to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100064 Revised April 17.2015 Official site of the atyof Fort Worth,Texas CITY COUNCIL AGENDA FOR' T` t un COUNCIL ACTION: Approved on 6/7/2016 DATE: 6/7/2016 REFERENCE C-27756 LOG NAME: 2000NCRETE RESTORATION NO.: 2016-1 CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT. Authorize Execution of a Contract with BDD Enterprises LLC d/b/a Cheyenne Construction Company in the Amount of$1,118,470.00 for Concrete Street Restoration at Fifteen Locations and Provide for Project Costs and Contingencies for a Total Project Amount of $1,342,164.00 (COUNCIL DISTRICTS 4, 5 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with BDD Enterprises LLC d/b/a Cheyenne Construction Company, in the amount of$1,118,470.00 for Concrete Street Restoration 2016-1 at 15 locations. DISCUSSION: In the Fiscal Year 2016 Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. The Concrete Restoration 2016-1 Contract provides for the repair M and reconstruction of failed concrete pavement at 15 locations listed on the attachment provided (City Project No. 100064). Description Amount Design $ 0.00 Construction $1,118,470.00 Project Management/Inspection/Contingencies,Etc. $ 223,694.00 F Total Project Budget $1,342,164.00 Construction for this project is to start in approximately June 2016 with a completion date of approximately November 2016. Funding for this project is included in the Fiscal Year 2016 General Capital Projects Fund. This project was advertised for bid on December 24, 2015 and December 31, 2015 in the Fort Worth Star- Telegram. On January 21, 2016, the following bids were received: Bidder Amount NACC Inc. $ 291,820.00 Cheyenne Construction Co. $ 1,118,470.00 FNH Construction LLC $ 1,136,135.00 Jackson Construction Ltd $ 1,186,830.20 Ragle Inc. $ 1,197,120.00 After bid opening NACC Inc., requested to withdraw its bid stating a major error in their bid price. After OFFICE — BDD Enterprises LLC d/b/a Cheyenne Construction Company is in compliance with the City's BDE Ordinance by committing to 15 percent MBE participation. The City's MBE goal on this project is 14 percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICTS 4, 5 and 9, Mapsco 35M, 36G, 36K, 36L, 36P, 36R, 36T, 36V, 55U, 62M and 63W. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the General Capital Projects Fund. Total Current and Pending Sub- Remaining Description Appropriation projects Balance Concrete Restoration Programmable Project P00019 $1,788,700.00 $1,788,700.00 $ 0.00 Contract Street Maintenance Programmable Project P00020 Fund 39412 $9,834,188.00 $1,464,111.47 $8,371,713.53 TO Fund Department Account Project Program Activity Budget Reference# Amount 1D ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 E30100 0200431 5740010 100064 003380 2016 $794,871.0 39412 0200431 5740010 100377 003380 $547,293.0 i Submitted for City Manager's Office by Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Tariqul Islam (2488) k ATTACHMENTS " Form 1295 Concrete Restoration 2016-1 pdf Map 01 CR 2016-1 L2).Ddf Map 02 CR 2016-1.pdf Map 03 CR 2016-1.pdf Map 04 CR 2016-1.Ddf Map 05 CR 2016-1.pdf Street List CR 2016-1.adf FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 ■ SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 00 05 10 Mayor and Council Communication 00 05 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 004100 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 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 31 20 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 01 57 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 70 00 Mobilization and Remobilization _ 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project;hard copies are included in the Project's Contract Documents Division 02-EAsting Conditions CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 0241 13 Selective Site Demolition 0241 15 Paving Removal Division 31 - Earthwork 3123 16 Unclassified Excavation Division 32-Exterior Improvements 32 11 23 Flexible Base Courses 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 17 23 Pavement Markings 32 17 25 Curb Address Painting 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching,Seeding,and Sodding Division 33—Utilities 3305 10 Utility Trench Excavation,Embedment,and Backfill 33 05 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade Division 34-Transportation 3471 13 Traffic Control Division 35—Special(TxDOT) 99 99 00 TxDOT Geogrid Base Reinforcement Appendix GC-6.06.D Minority and Women Owned Business Enterprise Documents GC-6.07 Wage Rates A Street Locations and Quantity,Plans and Details B Standards END OF SECTION Cr'Y OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 22,2013 001113-1 INVITATION TO BIDDERS Page 1 of 2 • 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of CONCRETE RESTORATION(2016-1)AT VARIOUS 5 LOCATIONS,City Project No. 100064 will be received by the City of Fort Worth Purchasing 6 Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M.CST,Thursday,January 21,2016,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 ■ 18 11,000 S.Y Remove Concrete and Replace with 7"Concrete Pavement HES 19 5,500 S.Y. Geogrid 20 1,210 C.Y. Flex Base 21 100 C. Y Concrete HES 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 27 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 28 suppliers. 29 30 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 31 392-8363.City of Fort Worth,TPW, 1000 Throckmorton St.,Fort Worth,TX 76102. 32 33 The cost of Bidding and Contract Documents is: $30.00 34 35 PREBID CONFERENCE 36 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 37 BIDDERS at the following location,date,and time: 38 DATE: Wednesday,January 6,2015 39 TIME: 09.00 A.M. 40 PLACE: Transportation and Public Works,Street Services,5001 James Avenue, Suite#: 41 201,Fort Worth,Texas 76115 42 43 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 44 City reserves the right to waive irregularities and to accept or reject bids. 45 46 INQUIRIES 47 All inquiries relative to this procurement should be addressed to the following: 48 Attn: Tariqul Islam,City of Fort Worth 49 Email: tariqul.islam@fortworthTexas.gov CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 001113-2 INVOCATION TO BIDDERS Page 2 of 2 1 Phone: 817-392-2486 2 3 ADVERTISEMENT DATES 4 December 24, 2015 5 December 31, 2015 6 7 END OF SECTION r CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 s 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 ■ 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS ' 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 -GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership, company, association,or corporation acting 12 directly through a duly authorized representative,submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership,company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Sgccessful 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 33 34 35 36 37 38 39 ,ffmst be pmpamd to submit te City within 40 seven(7)ealefidar-days pr-ief:to Bid epening,the deeamente6en identified in Seetien 00 41 4 5 11,BIDDERS PREQUALIFIGATIONS. 42 43 3.2.1. • 44 the City eentoet as provided in Paragraph 64. 45 46 s CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The Cky mseFves the fight to require any pFe qualified eentreeter-who is th@ appfffflt 18w 2 ,in its sole 3 , 4 , 5 to assist the City in evaluating and assessing the ability of the appe&efit low bidder-(s)to 6 7City's 8 infeFffwfien, 9 City Geoneil. FailiaFe to submit the addifieaa4 k4eFffiafiea, 10 11 68fified iff Wfififig ef a Fee8WAH0fldafi0fl tO the City GOHfleil. 12 13 3.4. 14 . 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid,each Bidder shall: " 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including "technical data" referred to in 22 Paragraph 4.2.below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. 34 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site(except Underground Facilities)that 37 have been identified in the Contract Documents as containing reliable "technical 38 data" and(ii) reports and drawings of Hazardous Environmental Conditions,if any, 39 at the Site that have been identified in the Contract Documents as containing 40 reliable "technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish. All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents. No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto, shall be 49 binding upon the City. 50 CrrY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 r 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 ' 1 4.1.7. Perform independent research,investigations,tests,borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide ' 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion,and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates,investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 ' 20 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, • 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 ■ 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any,on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder ■ 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified ■ 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data,interpretations,opinions or information. 45 ■ CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods,techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required - 6 by the Contract Documents,(iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 15 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 - 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits,and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH CONCRETE RESTORATION('_016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 f 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 r 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications ' 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation and Public Works 15 Fax: 817-392-7969 16 Email: tariqul.islamC fortworthtexas.gov,Phone: 817-392-2486 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents. 23 24 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 26 Project. Bidders are encouraged to attend and participate in the conference. City will 27 transmit to all prospective Bidders of record such Addenda as City considers necessary 28 in response to questions arising at the conference. Oral statements may not be relied 29 upon and will not be binding or legally effective. 30 31 7. Bid Security 32 ' 33 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 34 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 35 the requirements of Paragraphs 5.01 of the General Conditions. 36 37 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 40 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 41 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 42 other Bidders whom City believes to have a reasonable chance of receiving the award 43 will be retained by City until final contract execution. 44 45 8. Contract Times 46 The number of days within which,or the dates by which,Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the ' 49 attached Bid Form. 50 CrrY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the - 6 Bidding Documents without consideration of possible substitute or"or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City,application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 0125 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 20 SBE Utilization Form,Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint - 22 Venture Form as appropriate.The Forms including documentation must be received 23 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 24 opening date.The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, = 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required.All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 d 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder, and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 • 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any . 42 time prior to the opening of Bids. After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors,Suppliers,and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 i 1 17.4. Contractor shall perform with his own organization,work of a value not less than 2 35%of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 = 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CrrY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised November 27,2012 0035 13-l CONFLICT OF INTEREST AFFIDAVIT Page l of l 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as`you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ_Pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 Eo- CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 Q 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 OD f Ort,5.e S L.L e- CdA By: ,��-Yt��f A6 28 Company —I (Please Print) 29 Ckd7e+-+t.c 00'7tafi^tu---h-v, Cvnr 30 Iia E. Ave-, Signature: Cfi 31 Address 32 .3.0- 1C::1 33 6jr+ V/0V44+, 7. '/[c IO Z Title: V ©PeM I O K S 34 City/State/Zip (Please PrInt) 35 36 37 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION Do (U111 \1 ti Cite Project No.100065 Revised March 27,2012 004100 BID FORM Pagel of 3 +r SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 �► FOR: Concrete Restoration(2016-1) City Project No.: 100064 Units/Sections: CONCRETE PAVING 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. 1 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 WORIN STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Bid_Form-Proposal-Bond_Vendor_Comphance(0)-Copy 0041 00 BID FORM Pane 2 of I 3. PrequalificatHm The Bidder acknowledges that the felleAingNNarkt�pLs must be perfonned onl� b� prequaiified eentraetof:s and subcontFaetors� a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work ;and/or achievement of Milestones; within the times specified in the Agreement. i. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a suretymeeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 r e. MWBE Forms(optional at time of bid) f. Prequalifieation Statement.Section 00 15 12 g. Conflict of Interest Affidavit,Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid.amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided ' below.please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 62. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification r and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 'Total Bid $1,118,470.00 7. Bid Submittal This Bid is submitted on 21-Jan-16 by the entity named below. CITY OF FORT wk ORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Bid_Form-Proposal-Bond_Vendor_Compliance(0)-Copy W 41 00 BID FORM Page 3 of 3 Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: I Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: " Jonathan White Addendum No.4: (Printed Name) Title: VP of Operations Company: BDD Enterprises DBA Cheyenne Construction Co Corporate Seal: Address: 1212 E.Lancaster Ave,3rd Floor Fort Worth,TX 76102 State of Incorporation: Texas Email: �ite[rDcheyenneconstco.com Phone: 817-741-5177 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Bid—Form-Proposal-Bond—Vendor—Compliance(0)-Copy SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value * Item No. Section No. Measure Quantity 1 0135.0201 Remobilization 01 7000 EA 1 $500.00 $500.00 2 3305.0108 Miscellaneous Adjustment(Utilities) 33 05 14 LS 1 $5,000.00 $5,000.00 3 3471.0002 Portable Message Sign 3471 13 WK 6 $1,500.00 $9,000.00 4 9999.0000 Remove and Replace 6"Concrete Driveway 02 41 13/32 13 20 SF 605 $15.00 $9,075.00 5 9999.0000 Remove Concrete and Replace with 7"Concrete Pavement HES 02 41 15/32 13 13 SY 11,000 $84.70 $931,700.00 6 3123.0101 Unclassified Excavation 31 2316 CY 100 $55.00 $5,500.00 7 3211.0122 Flex Base,Type A,GR-2 3211 23 CY 1,210 $42.00 $50,820.00 8 3213.0208 Concrete HES(extra depth) 3213 13 CY 100 $135.00 $13,500.00 9 3292.0100 Block Sod Placement 32 92 13 SY 1,500 $14.00 $21,000.00 10 3213.0700 Joint Sealant 32 13 73 LF 2,000 $2.50 $5,000.00 11 9999.0000 Geogrid Tensar(TRIAX 140-475)or Approved Equal 99 99 00 SY 5,500 $3.75 $20,625.00 12 9999.0000 Remove and Replace 4"Sidewalk 02 41 13/32 13 20 SF 200 $14.60 $2,920.00 13 3217.5001 Curb Address Painting 32 1725 EA 5 $150.00 $750.00 14 0241.0300 Remove ADA Ramp 0241 13 EA 2 $1,100.00 $2,200.00 15 3213.0501 Install Barrier Free Ramp 32 1320 EA 2 $1,300.00 $2,600.00 16 3346.0108 6"Pipe Underdrain,Type 8 33 46 00 LF 100 $58.00 $5,800.00 17 3217.2001 Raised Marker TY W 32 17 23 EA 200 $5.00 $1,000.00 18 3217.2002 Raised Marker TY Y 32 17 23 EA 200 $5.00 $1,000.00 19 3217.2101 REFL Raised Marker TY I-A 32 17 23 EA 20 $6.00 $120.00 20 3217 2102 REFL Raised Marker TY I-C 32 17 23 EA 20 $6.00 $120.00 21 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 20 $6.00 $120.00 22 3217.2104 REEL Raised Marker TY II-C-R 32 17 23 EA 20 $6.00 $120.00 =- 23 3441.1301 Loop Detector Cable Sawcut 3441 10 LF 500 $2.00 $1,000.00 24 3441.1302 14 AWG Loop Detect Cable 3441 10 LF 500 $16:00 $8,000.00 25 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 200 $20.00 $4,000.00 26 3217.0501 24"Solid White Thermoplastic(HAE)Crosswalk Lines 32 17 23 LF 100 $20.00 $2,000.00 27 9999.0096 Paving Construction Allowance EA 1 $15,000.00 $15,000.00 Total Bid $1,118,470.00 t. CrrY OF FORT WMTH STANDARD CONMUCTION SPECIFICADON O XLNEYTS F-Rcnad X1 1%Z7 Bid Fam-Pmps4 ,Yandv CMVhW.*0)-Cagy 0043 13 BID BOND Page I or I SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) BDD Enterprises DBA Cheyenne Construction Co hereinafter called the Principal,and(Surety Name) Developers Surety and Indemnity Company a corporation or firm duly authorized to transact surety business in the State of Texas,hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid and No/100 Dollars ($ 5%G.A.B. ), 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 Concrete Restoration(2016-1) 0 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 terns 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 21 st day of January ,2016. By: BDD Enlrprises DBA Cheyenne Construction Co UP o�- ofeyol i6v► �j (Signature and Title of Principal) *B'✓. evel 4Sud I mnit?y Company Brad (Signature of Attorney-of-Fact) ' *Attach Power of Attorney(Surety)for Attorev-in-Fact Impressed Surety Seal Only END Of SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 0041 00_00.42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compliance(0)-Copy IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede Ilamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tam bien puede escribir al Surety: P.O. Box 19725 P.O. Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage,rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web: http://www.tdi.state.tx.us web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. F� AmTrust Surety An AmTrust Financial Company Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurely.com ID-1404(TX)(Rev.4/15) r a s+ POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint "'Brent Baldwin,Brock Baldwin,William D.Baldwin,Michael B.Hill,Brady K.Cox,Blaine Allen,Monica Campos,Russ Frenzel, jointly or severally as its true and lawful Attomey(s)win-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Atlomey(s}in•Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s}eh•Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 11sl,2008. RESOLVED,that a combination of arty two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice•President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,quafiying the altomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shad be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused time presents to be signed by its officers and attested by its Secretary or Assistant Secretary this November 21,2013. =IpBy: .� ANO Daniel Young,Senior Vice-President y,'��.... OCT,10 By. Mark J.Lansdon,Vice-President o��; 1 9 3 6 r /ovylkVN as: State of Callfomia „yE ,,,.�0 County of Orange On November 21,2013 before me, Antordo Alvarado,Notary Public Date Here Insert Name and Title of the Officer penally appeared Daniel Young and Mark J.Laradart Name(s)of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/herAheir authorized capacity(ies),and that by hisfierAheir signatures)on the instrument the person(s),or the entity upon behalf of ANTONIO ALVARADO which the person(s)acted,executed the instrument o COMM.#2033556 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is NOTARY PUBLIC CALIFORNIA �3:(@My=.,,, ORANGE COUNTY true and correct �l Aug:9'2017 WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attorney remains in full force and has riot been revoked and.furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,CaWomia,this 2 I St day of January ,2016. By: &.- A!A��� _ Cassie J.Berrisfo , ssistant Secretary ID-1438(Rev.11/13) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page I of I ■ SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER ■ Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that,in order to be awarded a contract as low bidder,nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. } A. Nonresident bidders in the State of .......... �,our principal place of business, are required to be Dere percent lower dian resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of $tau EI'c of BL" ,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. ❑' BIDDER: Company: BDD Enterprises DBA Cheyenne v: Jonathan White Address: Address Here 1212 E.Lancaster Ave,3rd Floor (Signature) Fort Worth,TX 76102 Title: VP of�nOperations 4 Date: ` 'F e END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ■ Form Revised 20110627 Bid_Form-Proposal-Bond_Vendor_Compliance(0)-Copy r 00 45 26- I CONTRACTOR COMPLIANCE w'ITH WORKER'S COMPENSATION LAW Paoe I of I I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended. Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. GGO 1-539590-0202003 Contractor further certifies that, pursuant to Texas Labor 6 Code, Section 406.096(b), as amended. it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 I 1 -60 f4Vf41(D%-1-56. LL-C- Q>PIPI By: _ JMa, IrJkZ�e, 12 pnpan 13Ca kfanr lease Print 14 12.12 iF LAAAt ,4fG✓A✓e- Signature: 15 Address 16 3►'d F1c1�-Y' 17 66- WaYlik , 77 -74, /02 Title: ISP c, t 18 City/State/Zip Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 �j,b] P62 le- , known to me to be the person whose name is 27 subscribed to the foregoing instrument. and acknowledged to me that he/she executed the same as 28 the act and deed of + L for the purposes and 29 consideration therein expressed and in the c pacity therein stated. 30 31 GIVE.^,1 UNDER MY HAND AND SEAL OF OFFICE this_ c�-J-S± day of 32 Ja4U4.0Lr!x 204. 33 34 35 _ //� !� 36 NotararyPublic in and for the State of Texas 37 38 END OF SECTION =otpwP�B�n; JEANE OAKMAN Notary Public 39 STATE OF TEXAS °'` '' MY Comm,Exp.March 25,2019 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100064 Re%ked July I,2011 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 6%of the total bid(Base bid applies to Parks and Community 15 Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an 16 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 17 responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered responsive to the specifications. 33 er r sbsYl deliver tlie'lVlt it 8ocuiine_ar'ljort in person to they 34 eparintent and obtain g aiehimc receipt, Suc4 receipt shall be evxc rc 35 ift 1. Subcontractor Utilization Form,if goal received by 2:00 p.m., on the second City business days after is met or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second City business days after Utilization Form,if participation is less the bid opening date,exclusive of the bid opening date. than statedgoal: 3. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second 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 received by 2:00 p.m., on the second City business days after •— will perform all subcontracting/supplier the bid opening date,exclusive of the bid opening date. work: 5. Joint Venture Form,if utilizing a joint received by 2:00 p.m., on the second City business days after venture to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100065 Revised April 17,2015 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 7, 2016 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and BDD Enterprises LLC d/b/a Cheyenne Construction Company, authorized to do 6 business in Texas,acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Concrete Restoration (2016-1) at Various Locations • 16 Clhr Project Number 100064 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 180 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding,the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH Concrete Restoration(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100064 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of One Million, One Hundred Eighteen Thousand, Four 38 Hundred Seventy and 00/100 DOLLARS($1,118,470.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project speck) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Concrete Restoration(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100064 Revised August 17,2012 M • 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss, damage 88 or destruction of property of the city, arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. ' 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Concrete Restoration(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100061 Revised August 17,2012 ' 005243-4 Agreement Page 4 of 4 ' 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 127 Contractor: City of Fort W ���cN rF�cprz,SrsS LLQ . CiteyEuttE &,,457- By: s- B : Jay Chapa B h+. /h Assistant City Manager (Signature) Date 3 rte• � 2/ �- � ORT`L Attest: Q (Printed Name) City S ret ary >. (Seal) ~ Title: 6�0 V Address: /2 r 2 &-C,— Avg M&C C Date: - 6 _ dtoo omnglCity/State/Zip: riwTX 7�/DjAPprov as rrand Legality: : Date T Douglas . Black Assistant City Attorney 128 129 130 APPROVAL RECOMMENDED: 131 132 ( � 133 1 ��y 134 Douglasiei sig, P.E. 135 DIRECTIR, 136 OFFICIAL RECORD Transportation &Public Works Departfnent 137 CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Concrete Restoration(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100064 Revised August 17,2012 0061 13- l PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND Bond No. 713936P 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BDD Enterprises LLC d/b/a Cheyenne Construction Company ,known as 8 "Principal' herein and Developers Surety and Indemnity Company , a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more),are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas,known as "City" herein, in the penal One Million One Hundred Eigghteen Thousand 12 sum of, Four Hundred Seventv and Y6/100 Dollars 13 ($ 1,118,470.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made, we bind 15 ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 7th day of June ,2016 ,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as CONCRETE RESTORATION(2016-1), 22 AT VARIOUS LOCATIONS,City Project No.100064. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 0061 0-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 15th day of 6 June , 20 16 . 7 PRIINCIPAL: 8 BDD Enterprises LLC d/b/a 9 Chevenne Constr i 10 1 l BY: /�• hn 12 Signature 13 ATTEST: 14 15 YN /Ylq.cAer� 16 (Prin ipal)Secretary Name and Title 17 18 Address: 1212 E. Lancaster Ave_.Rd Floor 19 Fort Worth, TX 76t02 21 21 22 Witness as tc Princ' al 23 SURETY: 24 Developers Surety- and Indemnity Company 25 26i ? 27 BY: I _ 28 a re 29 r 30 Brady K. :ox, Attorney-in-Fact 31 Name and Title 32 33 Address: P.O. Box 19725 34 lrvine.CA 92623-9725 35 36 4A44i 37 Witness as to Surety Tonie Petranek Telephone Number:949.263.3300 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 00 61 14-t PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND Bond No. 713936P 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, BDD Enterprises LI..0 d/b/a Cheyenne Construction Company , known as 8 "Principal" herein, and Developers Surety and Indemnity Company a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas known as "City" herein, One Million One Hundred Eighteen thousand 12 in the penal sum of Four Hundred Seventv and No/100 Dollars 13 ($ 1,118,470.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 7th day of June , 20 16 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as CONCRETE RESTORATION (2016-1) AT VARIOUS 22 LOCATIONS, City Project No. 100067. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 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 15th day of 3 June —,20 16 4 PRINCIPAL: BDD Enterprises LLC d/b/a Cheyenne qonstruction Compapy ATTEST: BY: h' �y'^ AignatuYe (.al•664 CJlc lam` 4&*+ M• (Principal) Secretary Name and Title Address: 1212 E. Lancaster Ave.,3r Floor 21ki� Aii7--- Fort Worth, TX 76102 tness as to Principa SURETY: Developers Surety and Indemnity Company ATTEST:) BanaSii Brady K. Cox, Attorney-in-Fact (Surety) Secretary,Lindsey Locker—man Name and Title Address: P.O. Box 19725 Irvine, CA 92623-9725 Witness as to Surety , '['onie Yetranek Telephone Number. 949.263.3300 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE,BOND Bond No. 713936P 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we BDD Enterprises LLC d/b/a Cheyenne Construction Company,known as 9 "Principal" herein and Developers Suretv and Indemnity Company a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas,known as L 1 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, One Million One Hundred Eighteen Thousand 13 in the sum of Four Hundred Seventy-and-No/100 Dollars 14 ($ 1,118,470.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 7th day of June , 20 16 , which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the "Work") as provided for in said contract and designated as CONCRETE RESTORATION 25 (2016-1) AT VARIOUS LOCATIONS,City Project No. 100064; and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CrrY OF FORT WORTH CONCRETE RESTORATION(2016-t) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100064 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 l 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City, to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and ll 12 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 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 I 15th day of 3 June ,2016 4 5 PRINCIPAL: 6 BDD Enterprises LLC d/b/a 7 Chevenne Construction Com • ny 8 9 BY: 10 Sigt azure 7J 11 ATTEST: 12 13 1�414 �t rr CI+ l]'1 • yVl e art!"��s �✓ 14 (Principal)Secretary Name and Title 15 16 Address: 1212 E. Lancaster Ave.,3rd Floor 17 Fort Worth,TX 76102 18 19 Ian 20 WAness as to Principat 21 SURETY: 22 Developers Surety and Indemnity Company 23 24 25 BY: 26 atur 27 28 Brady K. Cox,Attorney-in-Fact 29 IATTE Name and Title 30 31 Address: P.O. Box 19725 32 (Surety)Secretary ,Lindsey Lockerman Irvine, CA 92623-9725 33 34 949.263.3300 35 Witness as to Surety , Tonic Petranck Telephone dumber: 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH CONCRETE RESTORATION(2016-1) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100064 Revised July 1,2011 IMPORTANT NOTICE AVISO IMPORTANCE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: Usted tambien puedeescribir al Surety: P.O. Box 19725 P.O. Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener informacion acerca de compa- coverage, rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax4 512-475-1771 Fax#512-475-1771 web: http://www.tdi.state.tx.us web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(dtdi.state.tx.us E-mail: ConsumerProtection(dtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is riot resolved, you may contact the Texas no se resuelve la disputa, puede entonces comum- Department of Insurance. carrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA: Este aviso es solo This notice is for information only and does not para proposito de informacion y no se convierte en become a part or condition of the attached document. parte o condicion del documento adjunto. F� AmTrust Surety An Arrarust Financial Gnmpanv Developers Surety and Indemnity Company Indemnity Company of California CorePointe Insurance Company 17771 Cowan, Suite 100 Irvine, CA 92614 1-800-782-1546 www.AmTrustSurety.com ID-1404(TX)(Rev.4/15) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint "Trenae Donovan,Brent Baldwin,Brock Baldwin,William D.Baldwin,Michael B. Hill, Brady K.Cox,Blaine Allen,Monica Campos, Russ Frenzel,Toni Petranek,jointly or severally' as its true and lawful Attomey(s}in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said wporation,as surely,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s}in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(syin-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qual"rig the attomey(s)named in the Power of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Seaehary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this 18th day of April,2016. \ �..� ,�.� tV AND/'�O hJ� By T. Daniel Young,Senior Vice-President a c ? o10 O 1938 O By: Mark Lansdon,Vice-President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validi of that document. State of California County of Orange On Agri 18,2016 before me, Lucille Raymond.Notary Public Doe Haw Inst Nam ord Tib dee Oban personally appeared Duel Yam and Mark Leraa w Nv*#)of sgntoi who proved to me on the basis of satisfactory evidence tD be the person(s)whose name(s)is/are subscribed In the within instrument and acknowledged to me that helshelthey executed the same in histherhheir authorized capacity(ies),and that by his/herbeir signature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,exerted the instrument. Commission 12001915 0Orange Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of Calrfomia that the foregoing paragraph is Z County true and correct. M Comm.E iris Oct 1 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucilltoyil6nd,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is exerted in the City of Irvine,Cal'domia,this 15tH day of Ami 2016 C/o ANDOCT OCTpp,, nr By: ' O Cassie J. msford,Assistant S tary ID-1438(Rev 04116) Or DATE(MMIDDIYYYY) ACCWV CERTIFICATE OF LIABILITY INSURANCE 6/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 NAME:CONTACT Bridget Hanvey Baldwin-Cox Agency, LLC PHC"� E (972)644-2688 A1C No: (972)644-6035 5930 Preston View Blvd Ste 200 D AEDRE g ncoxaenc SS: g y'corn brid et@baldwiDDRE INSURER(S)AFFORDING COVERAGE NAIC t Dallas TX 75240 INSURERA:EMC Insurance Companies 21515 INSURED INSURERB:Imperium Insurance Company 35408 BDD Enterprises, LLC INSURER C: dba Cheyenne Construction Co INSURER D: P. 0. Box 126269 INSURERE: Fort Worth TX 76126 INSURER F COVERAGES CERTIFICATE NUMBER:CL1642905013 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE Of INSURANCE POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY X I COMMERCIAL GENERAL LIABILrrY EACH OCCURRENCE 6 1,000,000 A CLAWS-MADE X�OCCUR PREMISES Ea xc urrerce $ 100,000 SD44992 4/30/2016 4/30/2017 MED EYP IAny)ne person) $ 5,000 PFR SONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: iENERAL 4GGREGA7E $ 2,0 00,000 POLICY ��� LOC PRODIJCT.i-COMPa0PAG3 $ 2,000,000 OTHER Is AUTOMOBILE LIABILITY `'"``IGLE' $ 1,000,000 IEa accident A X ANY AUTO BODILY INJURY(Per person) $ ALLOSOWNED SCHEDULED 5944992 4/30/2016 4/30/2017 BODILY INJURY(Per aocident) $ X HIRED AUTOS X LTOS NON-OVMIED "R'OPERT'r DAMAGE $ AUTOS �F er accident Is X UMBRELLA LIAR I X I OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 GED X PETEN ICN3 10,000 SD44992 4/30/2016 4/30/2017 6 WORKERS COMPENSATIONPF_R JTn- AND EMPLOYERS'LIABILITY YIN X STATUTE ER ANY PPOPRIETOR.PARTNERIF%ECUT]VE E L.EACH ACCIDENT 6 1,000,000 �FF:r-ERIMEMBER EXCLUDED? NIA B (Mandatary in NH) IEBD-01002135-00 4/30/2016 4/30/2017 EL DISEASE-EAENIPLOYE- $ 1,000,000 IIyes,describe under DESCRIPTION OF OPERATIONS blow EL DISEASE-POLICY LIMN $ 1 000 000 A Inland Marine SC44992 4/30/2016 4/30/2017 LessedlRentedEquipment 8250,000 A Installation Floater SC44992 4/30/2016 4/30/2017 Umt:per job(cap 500,000) 8250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re: Concrete Restoration (2016-1) City Project No. 100064 Blanket additional insured and blanket waiver of subrogation provided to the certificate holder when required by written contract with the named insured. Umbrella follows form of underlying policies. 30 Day NOC provided and 10 day NOC for non-payment per policy term and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmlorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE 5� F�-ll Baldwin/BEF O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 POLICY # 5D44942 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY BASIS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Project: BLANKET COVERAGE•AS REQUIRED BY WRITTEN CONTRACT Location of Project: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II—Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" performed for that additional insured at the location designated and described in the Schedule of this endorsement. The insurance provided to the person or organization shown in the Schedule is Primary Insurance and we will not seek contribution from any other insurance available to that additional insured. CG7193.1(1-06) Includes copyrighted material of ISO Properties,Inc.with its permission. Page t of 1 Policy # 5D44992 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard". CG7555(11.04) Includes copyrighted material of 150 Properties.Inc.with its oermisslon. Noe 1 of 1 Policy # 5E44992 COMMERCIAL AUTO CA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement charges the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: BDD Enterprises LLC Authorized Representative) SCHEDULE Name and Address of Additional Insured: BLANKET COVERAGE.AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will to shown in the Declarations as applicable to this endorsement.) A. Who Is An Insured (Section Il) is amended to C. You are authorized to act for the additional insured include as an"insured" the person(s) or organiza- named in the Schedule or Declarations in all mat- tion(s) shown in the Schedule, but only with re- ters pertaining to this insurance. spect to their legal liability for acts or omissions of D. We will mail the additional insured named in the a person for whom Liability Coverage is afforded Schedule or Declarations notice of any cancella- under this policy. tion of this policy. If we cancel, we will give 10 B. The additional insured named in the Schedule or days notice to the additional insured. Declarations is not required to pay for any premi- E. The additional insured named in the Schedule or ums stated in the policy or earned from the policy. Declarations will retain any right of recovery as a Any return premium and any dividend, if applica- claimant under this policy._ ble, declared by us shall be paid to you. CA 04 03 06 04 0 ISO Properties, Inc., 2003 Page 1 of 1 ❑ POLICY # 5E44992 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM The TRANSFER OF RIGHTS OF RECOVERY 1. "Garage operations" means the ownership, AGAINST OTHERS TO US Condition Section is maintenance or use of locations for garage added to and replaced by the following: business and that portion of the roads or other We waive any right of recovery we may have against accesses that adjoin these locations. "Garage any person or organization against whom you have operations" includes the ownership, agreed to waive such right of recovery in a written maintenance or use of the "autos" indicated in agreement or written contract because of payments Section I of this Coverage Form as covered we make for injury or damage arising out of your "autos". "Garage operations" also include all ongoing operations or "work you performed" under a operations necessary or incidental to a garage written contract or written agreement with that person business. or organization and included in the "Garage 2. "Work you performed"includes: Operations". a. Work that someone performed on your A. The following definitions are added to the behalf; and Definition Section of this endorsement only: b. The providing of or failure to provide warnings or instructions. CA7392(12•05) Includes copyrighted material of ISO Properties,Inc,with its permission. Page 1 of 1 Policy# IERD-01002135-00 TEXAS WORIaRS' CONIP ENS ATIO .a.\-D E.NIPLOI'ERS' UX]3=1'E;NDORSENIENT W"C 42 03 04 A Is Reprint Effective January 1, 2000 TEXAS NV.IiLA-ER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEME-NT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arsing out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1 ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operaton& All Texas Operations 3 Premium The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for.he above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Inc I. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCAT10N DOCUMENTS Revision:Dece n a2l,2012 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page f Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters........................................................................ .............................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................Al 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance......................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenter21,2012 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment................................................................................... 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..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deremba2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price;Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections;Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ................... ............56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination...... ... .............................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CrN OF PORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece n w 21,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoanber2l,2012 00 7200-1 General Conditions Page 1 of 63 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed d 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 fonds. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. ' 11. Buzzsaw—City's on-line,electronic document management and collaboration system. 12. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece n w2l,2012 00 7200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoernber2l,2012 00 7200-1 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:D ceniber2l,2012 00 7200-1 General Conditions Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item—An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans—See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Denember2l,2012 00 7200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). a 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. Is 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decendba21,2012 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or 0 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 1 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:Decembe2l,2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoata21,2012 00 7200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards .. A. Standards,Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each a part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and . conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 00 7200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 00 7200-1 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 in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. • 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted, and/or relocated by others. • B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH • STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decewber21,2012