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PROJECT MANUAL -----
FOR
2014 CIP
SIDEWALK CONTRACT 1
.. At Various Locations
City Project No. 02406
DOE No. 7372
Betsy Price David Cooke
Mayor City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
.. Prepared by
The City of Fort Worth
TRANSPORTATION AND PUBLIC WORKS
OF or
2015 CC- to Otto%
OFFICIAL RECORD ' * •
/...........s.....i.i.�
CITY SECRETARY 1,, 1 NUS....l..i..
•• r �; 88823
FT.WORTH,TX �+ o . 60
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RECEIVED MAY 14`Z0B `��!
M&C Review Page 1 of 3
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWoRTH
COUNCIL ACTION: Approved on 4/21/2015
DATE: 4/21/2015 REFERENCE NO.: **C-27269 LOG NAME: 202014 CIP SIDEWALKCONTRACT 1
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Contract with P.C. Contractors, LLC, in the Amount of
$653,667.87 for the Construction of Approximately 50,375 Square Feet of Concrete
Sidewalk and 65 Americans with Disabilities Act Barrier Free Ramps Throughout the City
of Fort Worth and Provide for Additional Construction Costs and Contingencies for a Total
Project Amount of$884,484.84 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 3, 6, 7
and 9)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a contract with P.C. Contractors, LLC, in the
amount of$653,667.87 for construction of approximately 50,375 square feet of concrete sidewalk and 65
Americans with Disabilities Act barrier free ramps at multiple locations.
DISCUSSION:
The 2014 Capital Improvement Program (2014 CIP) includes Sidewalk funds in the amount of
$10,000,000.00 for citywide installation of sidewalks over a five year period. The City's capital project
implementation plan allocated$1,000,000.00 in FY2014-15 for sidewalk projects under the 2014 Capital
Improvement Program. An additional$42,531.98 from Council District 7 undesignated funds will be applied
towards Council District 7 Sidewalks included in this project. The project goal of the sidewalk program is to
focus on streets with high pedestrian activity where sidewalks or Americans with Disabilities Act(ADA) barrier
free ramps do not exist, gaps in the existing sidewalk network exist or there are opportunities to extend the
current sidewalk network. The sidewalk program seeks to improve the use, safety and comfort for
pedestrians.
The 2014 CIP Sidewalk Contract No. 1 provides for the construction of approximately 50,400 square feet of
sidewalk and 65 ADA barrier free ramps to fill gaps in areas of high pedestrian activity that are included in
City Project No. 02406 of the 2014 CIP.
Construction is scheduled to begin May 2015 with project completion by September 30, 2015.
ITEM COSTS
Construction Bid $653,667.87
Construction Contingencies 25percent) $163,416.97
.. Subtotal Construction: $817,084.84
Construction M mt, Surveying, Material Testing and Inspection 1 $67,400.00
Subtotal Services: $67,400.00
TOTAL PROJECT COSTS: 1 $884,484.841
The project was advertised for bid in the Fort Worth Star-Telegram on January 15, 2015 and January 22,
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20993&councildate=4/21/2015 4/27/2015
MR M&C Review Page 2 of 3
2015. On February 12, 2015, the following bids were received:
Bidders Amounts
_ P.C. Contractors, LLC $653,667.87
FNH Construction, LLC $744,842.65
Northstar Construction, LLC $783,803.00
Arreguin Group, Inc. $845,664.75
I Bradley Douglas Construction Services, LLC $857,254.75
This project is included in the 2014 CIP. Available resources within the General Fund will be used to
provide interim financing for these expenses until debt is issued. Once debt associated with this project is
sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official
intent to reimburse that was adopted as part of the ordinance canvassing the bond election-Ordinance No.
21241-05-2014.
M/WBE Office—P.C. Contractors, LLC, is in compliance with the City's BDE Ordinance by committing to 21
percent MBE participation on this project. The City's MBE goal on this project is 16 percent.
FUND Existing FY15 Additional Total to Date Projected Total
Appropriation Appropriation Program Encumbered/ Revised
Budget Expenditures Proram
grogram
•. 2014 Bond $1,000,000.00 $0 $10,000,000.00 $841,952.86 $9,158,047.14
Program -
Sidewalks
1998 CIP $38,411.25 $0 $38,411.25 $38,411.25 $0
CD7
Undesignated
1993 CIP $4,120.73 $0 $4,120.73 $4,120.73 $0
Mo CD7
Undesignated
TOTAL 1 $1,042,531.981 $0 1 $10,042,531.981 $884,484.841 $9158 047.14
MR These sidewalk projects are located in COUNCIL DISTRICTS 3, 6, 7 and 9, Mapsco 73T, 74K, 75L, 75T,
75Y, 76L, 88Q, 88T, 89C, 89W, 90D, 90K, 90Q, 102D, 103J, 103K, 103N and 103W.
r FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are included in the Fiscal Year 2015
Adopted Budget of the 2014 Bond Program per Ordinance No. 21457-09-2014 and funds are available in
.. the General Fund to pay expenses which will be incurred on this contract until reimbursement can occur
from the issuance of public securities, and that funds are available, as appropriated, of the current capital
budgets in the 1998 Street Improvements Fund and the 1993 Street Improvements Fund.
® TO Fund/Account/Centers FROM Fund/Account/Centers
C111 541200 020111038132 $4,120.73
.� C210 541200 201380240683 $611.135.89
C115 541200 020115038132 $38,411.25
Submitted for City Manager's Office by: Fernando Costa(6122)
Originating Department Head: Douglas W. Wiersig (7801)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20993&councildate=4/21/2015 4/27;'2 15
no M&C Review Page 3 of 3
no
Additional Information Contact: Tariqul Islam (2486)
David Jodray (2891)
..
..
ATTACHMENTS
Map 2014 CIP Sidewalk Contract 1.pdf
,., Sidewalk Locations.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=20993&councildate=4/21/2015 4/27/2015
000000-1
_ TABLE OF CONTENTS
Page 1 of 2
1 SECTION 00 00 00
2 TABLE OF CONTENTS
3
a. 4 Division 00-General Conditions
5 0005 10 Mayor and Council Communication
6 0005 15 Addenda
7 00 11 13 Invitation to Bidders
8 0021 13 Instructions to Bidders
9 0035 13 Conflict of Interest Affidavit
10 00 41 00 Bid Form
11 00 42 43 Proposal Form Unit Price
12 0043 13 Bid Bond
13 00 43 37 Vendor Compliance to State Law Nonresident Bidder
14 00 45 26 Contractor Compliance with Workers'Compensation Law
15 00 45 40 Minority Business Enterprise Goal
16 00 52 43 Agreement
17 0061 13 Performance Bond
18 0061 14 Payment Bond
19 0061 19 Maintenance Bond
20 00 61 25 Certificate of Insurance
21 00 72 00 General Conditions
22 007300 Supplementary Conditions
23
24 Division 01-General Requirements
25 01 11 00 Summary of Work
26 0131 19 Preconstruction Meeting
27 013120 Project Meetings
28 0132 16 Construction Progress Schedule
ri 29 01 32 33 Preconstruction Video
30 0135 13 Special Project Procedures
31 01 45 23 Testing and Inspection Services
32 01 5000 Temporary Facilities and Controls
33 01 55 26 Street Use Permit and Modifications to Traffic Control
34 01 58 13 Temporary Project Signage
35 01 70 00 Mobilization and Remobilization
36 01 71 23 Construction Staking
37 01 74 23 Cleaning
38 0177 19 Closeout Requirements
39 01 78 39 Project Record Documents
40
41 Division 02-Existing Conditions
42 0241 13 Selective Site Demolition
43 0241 15 Paving Removal
44
45 Division 31-Earthwork
46 31 1000 Site Clearing
47 3123 16 Unclassified Excavation
48
49 Division 32-Exterior Improvements
CITY OF FORT WORTH 2014 CEP SIDEWALK CONTRACT1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 024 D6
Revised November 9,2011
000000-2
TABLE OF CONTENTS
Page 2 of 2
1 32 13 13 Concrete Paving
2 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps
3 32 13 73 Concrete Paving Joint Sealants
4 32 16 13 Concrete Curb and Gutters and Valley Gutters
5 32 1723 Pavement Markings
6 32 17 25 Curb Address Painting
7 32 32 13 Cast-In-Place Concrete Retaining Walls
8 3291 19 Topsoil Placement and Finishing of Parkways
9 3292 13 Hydro-Mulching, Seeding,and Sodding
10
11 Division 33—Utilities
12 33 05 13 Frame,Cover,and Grade Rings
13 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade
14
15 Division 34-Transportation
16 3471 13 Traffic Control
17
18 Technical Specifications listed below are included for this Project by reference and can be
19 viewed/downloaded from the City's Buzzsaw site at:
20
21 hips:Hprojectpoint.buzzsaw.com/client/fortworthizov/Resources/02%20-
22 %20Construction%2ODocuments/Specifications
23
24 Division 99—Special Technical Specifications
25 9999.0096 Paving Construction Allowance
26
27 Appendix
28 GC-6.06.D Minority and Women Owned Business Enterprise Compliance
29 GC-6.07 Wage Rates
30 A Locations
31 B Standards and Details
32
33 END OF SECTION
CITY OF FORT WORTH 2014 CEP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 9,2011
000510-1
MAYOR AND COUNCIL COMMUNICATION(M&C)
Page 1 of 1
1 SECTION 00 0510
2 MAYOR AND COUNCIL COMMUNICATION(M&C)
3
4
5
6 [Assembler. For Contract Document execution, remove this page and replace with the approved
7 M&C for the award of the project. M&C insert shall be on blue paper.]
8
9
10
11
12
13
14
15
16
17
18
14
20 END OF SECTION
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
000515-1
ADDENDA
Page 1 of 1
1 SECTION 00 0515
2 ADDENDA
3
4
5
6 [Assembler. For Contract Document execution, remove this page and replace with any addenda
7 issued during bidding.]
8
9
10
11
12
13
14
15 —
16
17
18
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21
22
23
24 END OF SECTION
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
001113-1
INVITATION TO BIDDERS
Page 1 of 2
1 SECTION 00 11 13
2 INVITATION TO BIDDERS
3
4 RECEIPT OF BIDS
5 Sealed bids for the construction of 2014 CIP CONCRETE SIDEWALK CONTRACT 1,AT
6 VARIOUS LOCATIONS,City project#02406,will be received by the City of Fort Worth
7 Purchasing Office:
8
9 City of Fort Worth
10 Purchasing Division
11 1000 Throckmorton Street
12 Fort Worth,Texas 76102
13 until 1:30 P.M.CST,Thursday,February 12, 2015, and bids will be opened publicly and read
14 aloud at 2:00 PM CST in the Council Chambers.
15
16 GENERAL DESCRIPTION OF WORK
17 The major work will consist of the(approximate)following:
18
68,900 S.F. 4"Concrete sidewalk
651 L.F. 7 inch Concrete Curb&Gutter
3,725 S.F. Concrete Retaining wall
70 EA Install ADA Ramp
6,720 S.Y. Block Sod Placement
19 DOCUMENT EXANIINATION AND PROCUREMENTS
20 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
21 of Fort Worth's Purchasing Division website at hqR://www.fortworthgov.org/purchasinp-,/and
22 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The
23 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or
24 suppliers.
25
_ 26 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817-
27 392-8459,City of Fort Worth,Transportation and Public Works, 1000 Throckmorton St.,Fort
28 Worth,TX 76102
29
30 The cost of Bidding and Contract Documents is: $30.00
31
32 PREBID CONFERENCE
33 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO
34 BIDDERS at the following location, date,and time:
35 DATE: Wednesday,January 28,2015
36 TIME: 9:00 A.M.
37 PLACE: Transportation and Public Works, 1000 Throckmorton St.,RM#: 270,Fort
38 Worth,Texas 76102
y 39 LOCATION: Municipal Building,2°d Floor
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ;2406
Revised November 27,2012
001113-2
INVITATION TO BIDDERS
Page 2 of 2
1
2
3 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
4 City reserves the right to waive irregularities and to accept or reject bids.
5
6 INQUIRIES
7 All inquiries relative to this procurement should be addressed to the following:
8 Attn: Tariqul Islam, City of Fort Worth
9 Email: tariqul.islam@fortworthtexas.gov
10 Phone: 817-392-2486
11
12 ADVERTISEMENT DATES
13 January 15,2015..
14 January 22,2015
15
16 END OF SECTION
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,20I2 _
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.
Y 7
8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
9 meanings indicated below which are applicable to both the singular and plural thereof.
10
11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting
12 directly through a duly authorized representative,submitting a bid for performing
13 the work contemplated under the Contract Documents.
14
15 1.2.2. Nonresident Bidder:Any person,firm,partnership,company,association,or
16 corporation acting directly through a duly authorized representative,submitting a
17 bid for performing the work contemplated under the Contract Documents whose
18 principal place of business is not in the State of Texas.
19
-- 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
21 (on the basis of City's evaluation as hereinafter provided)makes an award.
22
23 2. Copies of Bidding Documents
24
25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
26 resulting from the Bidders use of incomplete sets of Bidding Documents.
27
28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the
29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
- 30 for any other use.
31
32
33
34
35
36
not pfequa4fied(even if im&efteady opened)sh.A-11-
37 fellows-
i-38
39 ,
40 ,
41 .
42
43
44 .
45
46
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
002113-2
INSTRUCTIONS TO BIDDERS
Page 2 of 9
1
2 ,in it's sele
3 ,
4
5 to assist the City in eyaluatiRg and assessing the ability of the appafefA low biddef(s�*
6
7 the s6pulated fiffie ffame.Based upon the City's
8
9 City Getme4l. Fagdfe to submit the additional infeffnation,
10
11 �.
12
13 3.4.In addition fe pmquehfieation,
14 .
15 'r
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. < >Be advised,City,in accordance with Title VI of the Civil Rights Act of 1964,
34 78 Stat.252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal
35 Regulations,Department of Transportation,Subtitle A,Office of the Secretary,Part
36 21,Nondiscrimination in Federally-assisted programs of the Department of
37 Transportation issued pursuant to such Act,hereby notifies all bidders that it will
38 affirmatively insure that in any contract entered into pursuant to this advertisement,
39 minority business enterprises will be afforded full opportunity to submit bids in
40 response to this invitation and will not be discriminated against on the grounds of
41 race,color,or national origin in consideration of award.
42
43 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or
44 contiguous to the Site and all drawings of physical conditions relating to existing
45 surface or subsurface structures at the Site(except Underground Facilities)that
46 have been identified in the Contract Documents as containing reliable"technical
47 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any,
48 at the Site that have been identified in the Contract Documents as containing
49 reliable"technical data."
50
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
_ 002113-3
INSTRUCTIONS TO BIDDERS
Page 3 of 9
1 4.1.6.Be advised that the Contract Documents on file with the City shall constitute all of
2 the information which the City will furnish.All additional information and data
3 which the City will supply after promulgation of the formal Contract Documents
4 shall be issued in the form of written addenda and shall become part of the Contract
5 Documents just as though such addenda were actually written into the original
6 Contract Documents.No information given by the City other than that contained in
7 the Contract Documents and officially promulgated addenda thereto,shall be
8 binding upon the City.
9
10 4.1.7.Perform independent research,investigations,tests,borings,and such other means
11 as may be necessary to gain a complete knowledge of the conditions which will be
12 encountered during the construction of the project.On request,City may provide
13 each Bidder access to the site to conduct such examinations,investigations,
4 14 explorations,tests and studies as each Bidder deems necessary for submission of a
15 Bid. Bidder must fill all holes and clean up and restore the site to its former
16 conditions upon completion of such explorations,investigations,tests and studies.
17
18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the
19 cost of doing the Work,time required for its completion,and obtain all information
20 required to make a proposal.Bidders shall rely exclusively and solely upon their
21 own estimates,investigation,research,tests,explorations,and other data which are
22 necessary for full and complete information upon which the proposal is to be based.
23 It is understood that the submission of a proposal is prima-facie evidence that the
24 Bidder has made the investigation,examinations and tests herein required.Claims
25 for additional compensation due to variations between conditions actually
26 encountered in construction and as indicated in the Contract Documents will not be
27 allowed.
28
29 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or
30 between the Contract Documents and such other related documents.The Contractor
31 shall not take advantage of any gross error or omission in the Contract Documents,
32 and the City shall be permitted to make such corrections or interpretations as may
33 be deemed necessary for fulfillment of the intent of the Contract Documents.
34
35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: .
36
37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
38 the site which have been utilized by City in preparation of the Contract Documents.
39 The logs of Soil Borings,if any,on the plans are for general information only.
40 Neither the City nor the Engineer guarantee that the data shown is representative of
41 conditions which actually exist.
42
43 4.2.2. those drawings of physical conditions in or relating to existing surface and
44 subsurface structures(except Underground Facilities)which are at or contiguous to
45 the site that have been utilized by City in preparation of the Contract Documents.
46
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
0021 13-4
INSTRUCTIONS TO BIDDERS
Page 4 of 9
1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
2 on request. Those reports and drawings may not be part of the Contract
3 Documents,but the"technical data"contained therein upon which Bidder is entitled
4 to rely as provided in Paragraph 4.02.of the General Conditions has been identified
5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
6 responsible for any interpretation or conclusion drawn from any"technical data"or
7 any other data,interpretations,opinions or information.
8 -�
9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)
10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without
11 exception the Bid is premised upon performing and furnishing the Work required by the
12 Contract Documents and applying the specific means,methods,techniques,sequences or
13 procedures of construction(if any)that may be shown or indicated or expressly required
14 by the Contract Documents,(iii)that Bidder has given City written notice of all
15 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the
16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts,
17 etc.,have not been resolved through the interpretations by City as described in
18 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate
19 and convey understanding of all terms and conditions for performing and furnishing the
20 Work.
21
22 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated
23 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by
24 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract
25 Documents.
26
27 S. Availability of Lands for Work,Etc.
28
29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for
30 access thereto and other lands designated for use by Contractor in performing the Work
31 are identified in the Contract Documents. All additional lands and access thereto
32 required for temporary construction facilities,construction equipment or storage of
33 materials and equipment to be incorporated in the Work are to be obtained and paid for
34 by Contractor. Easements for permanent structures or permanent changes in existing
35 facilities are to be obtained and paid for by City unless otherwise provided in the
36 Contract Documents.
37
38 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed
39 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right-
40 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel
41 the award of contract at any time before the Bidder begins any construction work on the
42 project.
43
44 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
45 way,easements,and/or permits,and shall submit a schedule to the City of how _
46 construction will proceed in the other areas of the project that do not require permits
47 and/or easements.
48
49 6. Interpretations and Addenda
50
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
® 002113-5
INSTRUCTIONS TO BIDDERS
Page 5 of 9
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&Public Works
15 Fax: 817-392-7969
16 Email:tariqul.islam@fortworthtexas.gov Phone: 817-392-2486
17
18 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by
19 City.
20
21 Addenda or clarifications may be posted via Buzzsaw at:
22 https://projectR2int.buzzsaw.com/client/fortworthgov/Infrastructure%20Projects/2014%20CIP%2OStreet%
23 20Reconstruction%20-%2OContract%201>
24
25 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or
26 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
27 Project. Bidders are encouraged to attend and participate in the conference. City will
28 transmit to all prospective Bidders of record such Addenda as City considers necessary
29 in response to questions arising at the conference. Oral statements may not be relied
30 upon and will not be binding or legally effective.
31
32 7. Bid Security
33
34 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
35 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
36 the requirements of Paragraphs 5.01 of the General Conditions.
37
38 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
40 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in
41 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited.
42 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
43 other Bidders whom City believes to have a reasonable chance of receiving the award
44 will be retained by City until final contract execution.
45
46 8. Contract Times
47 The number of days within which,or the dates by which,Milestones are to be achieved in
48 accordance with the General Requirements and the Work is to be completed and ready for
49 Final Acceptance is set forth in the Agreement,or incorporated therein by reference to the
50 attached Bid Form.
51
CrrY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
002113-6
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-
8 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 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
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
10 12.6. Bids by individuals shall show the Bidder's name and official address.
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
w. 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 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
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
49 17.4. Contractor shall perform with his own organization,work of a value not less than
50 35%of the value embraced on the Contract,unless otherwise approved by the City.
51
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
002113-9
INSTRUCTIONS TO BIDDERS
Page 9 of 9
1 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and
2 responsive Bidder whose evaluation by City indicates that the award will be in the
3 best interests of the City.
_. 4
5 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award
6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
9 comparable contract in the state in which the nonresident's principal place of
10 business is located.
AW 11
12 17.7. A contract is not awarded until formal City Council authorization.If the Contract is
13 to be awarded,City will award the Contract within 90 days after the day of the Bid
14 opening unless extended in writing. No other act of City or others will constitute
15 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by
16 the City.
17
18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
19
20 18. Signing of Agreement
21 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the
22 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
23 Contractor shall sign and deliver the required number of counterparts of the Agreement to
24 City with the required Bonds,Certificates of Insurance,and all other required documentation.
25 City shall thereafter deliver one fully signed counterpart to Contractor.
26
27
28
29 END OF SECTION
CITY OF FORT WORTH 2014 CIP SIDEWALK CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised November 27,2012
003513-1
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
1 SECTION 00 3513
2 CONFLICT OF INTEREST AFFIDAVIT
3
4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth
5 (also referred to as "City") procurement are required to complete Conflict of Interest
6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure
7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the
8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on
9 City Work.The referenced forms may be downloaded from the website links provided below.
10
11 htlp://www.ethics.state.tx.us/forms/CIO.pdf
12
13 hqp://www.ethics.state.tx.us/forms/CIS.pdf
14
15 [] CIQ Form is on file with City Secretary
16
17 [] CIQ Form is being provided to the City Secretary
18
19 CIS Form is on File with City Secretary
20
21 CIS Form is being provided to the City Secretary
22
23
24
25 BIDDER:
26
27 By:
28 Company (Please Print)
29 ..
30 Signature:
31 Address
32
33 Title: "
34 City/State/Zip (Please Print)
35
36
37 END OF SECTION
CITY OF FORT WORTH
ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2014 CIP SIDEWALK CONTRACT 1
Revised March 27,2012 02406
00 513
BID ORM
Page of 8
SECTION 00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also
referred to as"City')procurement are required to complete Conflict of Interest Questionnaire(the
attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS
Form)below pursuant to state law.This affidavit will certify that the Bidder has on file with the City
Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also
be downloaded from the website links provided below.
http://www.ethics.state.tx.us/forms/CIQ.pdf
httl2://www.ethics.state.tx.us/forms/CIS.pdf
❑ CIQ Form is on file with City Secretary
❑ CIQ Form is being provided to the City Secretary
0 CIS Form is on File with City Secretary
❑ CIS Form is being provided to the City Secretary
BIDDER:
P.C. Contractors LLC By: Chase Patterson
PO Box 470930 Signature:�?
Fort Worth,Tx
76147 Title: President
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Revised Bid--ropcsal wo*k k
003513-1
CONFLICT OF INTEREST AFFIDAVIT
Page 1 of 1
1 SECTION 00 35 13
2 CONFLICT OF INTEREST AFFIDAVIT
3
4 Each bidder, offeror, or respondent(hereinafter also referred to as "you")to a City of Fort Worth
5 (also referred to as "City") procurement are required to complete Conflict of Interest
6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure
7 Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the
8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on
9 City Work.The referenced forms may be downloaded from the website links provided below.
10
11 ht!V://www.ethics.state.tx.us/forms/CLQ.Vdf
12
13 httl2://www.ethics.state.tx.us/forms/CIS.12df
14
15 0 CIQ Form is on file with City Secretary
16
17 [•] CIQ Form is being provided to the City Secretary
18
19 CIS Form is on File with City Secretary
20
21 CIS Form is being provided to the City Secretary
22
23
24
25 BIDDER:
26
27 � - �` _
.�'L • 01'�Y?n�l7�C� 1-�--L-� By:
28 Company (Please,
29
30 Pb' �� Signature:
31 Address
32
33 Title: P�-tS)6QV4-
34 City/State/Zip (Please Print)
35
36
37 END OF SECTION
CITY OF FORT WORTH
ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 4SIDEWALK CONTRACT 1
0240066
Revised March 27,2012 02
00 41 00
BID FORM
Page 1 of 8
SECTION 00 41 00
BID FORM
TO: The City Manager
clo:The Purchasing Department
1000 Throckmorton Street
City of Fort Worth,Texas 76102
FOR: 2014 CIP CONCRETE SIDEWALK CONTRACT 1
AT VARIOUS LOCATIONS
City Project No.: 02406
Units/Sections: SIDEWALK IMPROVEMENT
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, organizati n,
or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the
purposes of this Paragraph:
a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding
process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to
deprive City of the benefits of free and open competition.
c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the
knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. 'coercive practice"means harming or threatening to harm,directly or indirectly,persons or their props
to influence their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 410000 43 13_00 42 4300 43 3700 45 12_00 35 13—Revised Bid Proposal Workbook
00 41 00
BID FORM
Page 2 of 8
3. Rrequalifieatme
The BaddeF acknowledges that the following work types must be perfOFFned only by pFequalified reAtFartors and subeentFastemi
a.
b.
C.
d.
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within 180 calendar days after the date when
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work
{and/or achievement of Milestones)within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form,Section 00 4100
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of
the General Conditions.
c. Proposal Form,Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37
e. MWBE Forms(optional at time of bid)
f. Prequalifleation Statement,Serstaon 00 46 12
g. Conflict of Interest Affidavit,Section 00 35 13
'If necessary,CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the sp ce
provided below,please enter the total bid amount for this project. Only this figure will be read publicly by the City ate
bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to
verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities
shown in this proposal and then totaling all of the extended amounts.
Total Bid $653,667.87
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 41 00_00 43 13 00 42 43_00 43 37_00 45 12 00 35 13—Revised Bid Proposal Workbook
00 41 00
BID FORM
Page 3 of 8
7. Bid Submittal
This Bid is submitted on 2-12-15 by the entity named below.
Respectfully submitte Receipt is acknowledged of Initial
the following Addenda:
By: -' Addendum No. 1:
(Signature) Addendum No.2:
Addendum No.3:
Chase Patterson Addendum No.4:
(Printed Name)
Title: President
Company: P.C.Contractors LLC Corporate Seal:
Address: PO Box 470930
Fort Worth,Tx
76147
State of Incorporation: Tx
I _
Email: Chase _occontractorsllc.com
Phone: 817-343-4792
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 00 410000 4313_00 42 4300 43 37_00 4512_00 3513_Revised Bid Proposal 7
00 42 43
BID PROPOSAL
Page 1 of 1
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 3305.0108 Miscellaneous Adjustment(Utilities) 33 05 14 LS 1 $ 6,000.00 $6,000.00
.. 2 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 506 $ 2.19 $1,108.14
3 3216.0102 7"Concrete Curb&Gutter 32 16 13 LF 651 $ 18.00 $11,718.00
4 0241.0401 Remove Concrete Driveway 0241 13 SF 850 $ 1.03 $875.50
5 3213.0401 6"Concrete Driveway 32 13 20 SF 850 $ 3.73 $3,170.50
7 0241.0100 Remove Sidewalk 0241 13 SF 947 $ 0.74 $700.78
8 3213.0301 4"Conc Sidewalk 32 13 20 SF 38,265 $ 3.90 $149,233.50
9 3213.0311 4"Conc Sidewalk,Adjacent to Curb 33 13 20 SF 10,200 $ 4.34 $44,268.00
10 3213.0303 6"Conc Sidewalk 32 13 20 SF j 1,910 $ 5.24 $10,008.40
11 3232.0100 Concrete Retaining Wall with Sidewalk,Face 32 32 13 SF 3,725 $ 30.85 $114,916.25
12 3232.0101 Concrete Retaining Wall with Sidewalk,Sidewalk 32 32 13 SF 18,625 $ 8.88 $165,390.00
13 9999.0000 4"Concrete Sidewalk with Flume per Detail 32 13 20 EA 1 $ 310.00 $310.00
14 10241.0300 Remove ADA Ramp 0241 13 EA 13 $ 376.00 $4,888.00
15 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 12 $ 1,264.00 $15,168.00
16 3213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 20 $ 1,137.00 $22,740.00
17 3213.0507 Barrier Free Ramp,Type P-2 32 13 20 EA 31 $ 1,179.00 $36,549.00
18 3213.0510 Barrier Free Ramp,Type C-3 32 13 20 EA 1 $ 965.00 $965.00
19 3305.0107 Manhole Adjustment,Minor 33 05 14 EA 2 $ 241.00 $482.00
20 3305.0111 Valve Box Adjustment 33 05 14 EA 2 $ 100.00 $200.00
21 3305.0108 Miscellaneous Structure Adjustment(Water Meter Box) 33 05 14 EA 2 $ 100.00 $200.00
22 3217.0001 4"Solid White Thermoplastic(HAS)Lane Lines 32 17 23 LF 100 $ 6.61 $661.00
23 3217.5001 Curb Address Painting 32 17 25 EA 4 $ 78.00 $312.00
24 13292.0100 Block Sod Placement 32 92 13 SY 6,720 $ 4.89 $32,860.80
25 3110.0102 6"-12"Tree Removal 31 1000 EA 7 $ 264.00 $1,848.00
26 3110.0103 12"-18"Tree Removal 31 1000 EA 5 $ 819.00 $4,095.00
27 9999.0096 Paving Construction Allowance EA 1 $25,000.00 $25,000.00
Total Bid $653,667.87
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13-Revised Bid Proposal Workbook
-' 4337
VENDOR COMPLIANCE TO LAW
7of8
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the
same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a
comparable contract in the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders
must check the box in Section B.
A. Nonresident bidders in the State of our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of oyr company or our parent company or majority owner is
in the State of Texas. C�
BIDDER:
P.C.Contractors LLC By: Chase Patterson
Z
PO Box 470930 4�
Fort Worth,Tx (Signature)
76147
Title: President
Date:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 00 410000 43 13_00 42 4300 43 37_00 45 12_00 35 13 Revised Bid Proposal 7
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1 SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it
4 provides worker's compensation insurance coverage for all of its employees employed on City
5 Project No. GG01-539590-0202003 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:
1
111 c o �y:
3�.0-. C �oY.. 1-
12 Companry2��� (Ple
13 `�Jl�x
14 � �� _ Signatur .
15 Address16
,� `
- 17 l�X� �X �Q �``� Title: C'�-CS Z
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 �. ,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 .cC-4"r'�CA-0 Y-- L-1-- for the purposes and
29 consideration therein expressed and in the capacity therein stated.
30
31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1C7 day of
1
32 , 20 �
4 33
34
UA
35
36 f'llglics � Notary Public in and for the e o exas
37 a
38q�oFP, ; END OF SECTION
10-
39
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTRA�T 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
004540-1
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 16% 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 to the specifications. The
33dfferor shall deliver the MBE documentation in person to the appropriate employee of the Managing
34 Department and obtain a date/time receipt Such receipt shall be evidence that the City received the
....
35 documentation in the time allocated. A faxed co ` will not be accepted:
1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after
or exceeded: the bid opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after
Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received by 5:00 p.m, five (5) City business days after
Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after
perform all subcontracting/supplier work: the bid o ening date,exclusive of the bid opening date.
5.•Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after
to meet or exceed goal. the bid opening date,exclusive of the bid opening date.
36 END OF SECTION
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Reyised December 20,2012
005243-1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT,authorized on APRIL 21,2015 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 P.C.CONTRACTORS,LLC,authorized to do business in Texas,acting by and
6 through its duly authorized representative,("Contractor").
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1.WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
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:
t 15 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
16 City Project NO.02370
17 Article 3.CONTRACT TIlVIE
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 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.02406
Revised August 17,20I2
005243-2
Agreement
4 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 SIX HUNDRED FIFTY THREE THOUSAND SIX
38 HUNDRED SIXTY SEVEN DOLLARS AND EIGHTY SEVEN CENTS($653,667.87).
39 Article 5.CONTRACT DOCUMENTS
40 5.1 CONTENTS:
41 A. The Contract Documents which comprise the entire agreement between City and
42 Contractor concerning the Work consist of the following:
43 1. This Agreement.
44 2. Attachments to this Agreement:
45 a. Bid Form
46 1) Proposal Form
47 2) Vendor Compliance to State Law Non-Resident Bidder
48 3) Prequalification Statement
49 4) State and Federal documents(project specific)
50 b. Current Prevailing Wage Rate Table
51 c. Insurance ACORD Form(s)
52 d. Payment Bond
53 e. Performance Bond
54 f. Maintenance Bond
55 g. Power of Attorney for the Bonds
56 h. Worker's Compensation Affidavit
57 i. 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 2014 CIP CONCRETE SIDEWALK,CONTR,kCT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.D2406
Revised August 17,2012
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 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.02406
Revised August 17,2012
005243-4
i
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 4
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").
3 127
Contractor: City of Fort Worth
e Ccs -Fro-c ims L c- C- /
By: h
Fernando Costa
By: Assistant City Manager
(Signature)
Date / S
Attes o
(Printed Name) Sf City ary �
(Se (Nd�)
�Title: ��'2s -�!
Address:
Vii•-rr- /,.1�� � rj� M&C
Date:
City/State/Zip: A prove s to Form and Legality:
Date Douglas W.Back
Assistant City Attorney
128
129
130 "7 RECOMMENDED:
131
132
133
134 Douglas . Wiersig, P.E.
135
136 OFFICIAL RECORD Transportation and Public Works
137 CITY SECRETARY
FT.WORTH,TX
A.
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.02406
Revised August 17,2012
0061 13-1
PERFORMANCE BOND
Page 1 of 2
1 SECTION 00 6113
2 PERFORMANCE BOND Bond No: PB11509800672
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we,P.C.CONTRACTORS,LLC,known as"Principal"herein and
8 Philadelphia Indemnity Insurance Company ,a corporate surety(sureties, if more than
r
9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one
10 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created
11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of, SIX HUNDRED
12 FIFTY THREE THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS AND EIGHTY
13 SEVEN CENTS($653,667.87), 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 21 day of APRIL,2015,which Contract is hereby referred to and made a part hereof
19 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other
20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as
21 provided for in said Contract designated as 2014 CIP CONCRETE SIDEWALK,CONTRACT 1,
22 CITY PROJECT NO. 02406
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 2014 CIP CONCRETE SIDEWALK,CONTI LACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in
3 accordance with the provisions of said statue.
4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
5 this instrument by duly authorized agents and officers on this the 1st day of
6 May ,20 15 .
7 PRINCIPAL:
8 P.C. Contractors, LLC
9
10
I1 BY: i
12 Signature
13 A7rEST)
14
15 Chase Patterson, President
1 ti ---(Principal)Principal)Secretary Name and Title
17
18 Address: 102 West Hidden Meadow Court
19 Cresson, Texas 76035
20
21 _
22 Witness as to Principal
23 SURETY:
24 Philadelphia Indemnity Insurance Company
25
26
27 BY:
28 Signa e
29
30 Tom Young, Attorney-in-Fact
31 Name and Title
32
33 Address: One Bala Plaza, Suite 100
34 Bala Cynwyd, Pennsylvania 19004
35
36
37 Witness as to Surety Telephone Number: 877-438-7459
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 2014 CIP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
0061 14-1
PAYMENT BOND
Page 1 of 2
1 SECTION 00 6114 Bond No: PB11509800672
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, P.C. CONTRACTORS, LLC, known as "Principal" herein, and
8 Philadelphia Indemnity Insurance Company a corporate surety
9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
12 penal sum of SIX HUNDRED FIFTY THREE THOUSAND SIX HUNDRED SIXTY
13 SEVEN DOLLARS AND EIGHTY SEVEN CENTS (5653,667,87), lawful money of the
14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum
15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and
16 assigns,jointly and severally,firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 21 day of APRIL, 2015, which Contract is hereby referred to and made a part hereof for all
19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other
20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
21 designated as 2014 CIP CONCRETE SIDEWALK,CONTRACT 1,CITY PROJECT NO 02406.
22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
26 force and effect.
27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
29 accordance with the provisions of said statute.
30
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,CONTI tACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
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 1 St day of
3 May ,20 15
4
PRINCIPAL:
P.C. Contractors, LLC
ATI --. BY: h—
Signature
Chase Patterson, President
cepa)Secretary Name and Title
Address: 102 West Hidden Meadow Court
Cresson, Texas 76035
Witness as to Principal
SURETY:
Philadelphia Indemnity Insurance Company
ATTEST: BY:
Signature
Ate- Tom Young, Attorney-in-Fact
'Surety) Secretary c Name and Title
Address: One Bala Plaza, Suite 100
Bala Cynwyd, Pennsylvania 19004
Diane Brown
Witness as to Surety
Telephone Number: 877-438-7459
S
6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the
7 bylaws showing that this person has authority to sign such obligation. If Surety's physical
8 address is different from its mailing address,both must be provided.
9
10 The date of the bond shall not be prior to the date the Contract is awarded.
11 END OF SECTION
12
CITY OF FORT WORTH 2014 CEP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
0061 19-1
MAINTENANCE BOND
Page I of 3
1 SECTION 00 6119 Bond No: PB11509800672
2 MAINTENANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7
8 That we P.C.CONTRACTORS,LLC,known as"Principal"herein and
9 Philadelphia Indemnity Insurance Company ,a corporate surety(sureties, if more than
10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one
I I or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created
12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of SIX
13 HUNDRED FIFTY THREE THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS
14 AND EIGHTY SEVEN CENTS (5653,667.87), lawful money of the United States,to be paid in
15 Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the
16 City and its successors,we bind ourselves,our heirs,executors,administrators,successors and
17 assigns,jointly and severally,firmly by these presents.
18
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded
20 the 21 day of APRIL,2015,which Contract is hereby referred to and a made part hereof for all
21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories
22 as defined by law,in the prosecution of the Work, including any Work resulting from a duly
23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and
24 designated as 2014 CIP CONCRETE SIDEWALK,CONTRACT 1,CITY PROJECT NO 02406;
25 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.
CITY OF FORT WORTH 2014 CIP CONCRETE SIDEWALK,COW LACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1
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
11
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
is
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 2014 CIP CONCRETE SIDEWALK,CONTI LACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
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 1 st day of
3 May 220 15
4
5 PRINCIPAL:
6 P.C. Contractors, LLC
7
8
9
10 Signature
11 A ST:
12
13Chase Patterson, President
14 . 1pal)Secretary Name and Title
15
16 Address: 102 West Hidden Meadow Court
17 Cresson, Texas 76035
18 '
19
20 Witness as to Principal
21 SURETY:
22 Philadelphia Indemnity Insurance Company
23
24
25 BY:
26 Signature
27
28 Tom Young, Attorney-in-Fact
29 ATTEST: Name and Title
30
31 Address: One Bala Plaza, Suite 100
32 (Surety)Secretary Bala Cynwyd. Pennsylvania 19004
33
34 Diane Brown
35 Witness as to Surety Telephone Number: 877-438-7459
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 2014 CEP CONCRETE SIDEWALK,CONTRACT 1
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02406
Revised July 1,2011
Z044
PHILADELPHIA INDEMNITY INSURANCE COMPANY Bond No: PB11509 00672
One Bala Plaza,Suite 100
aw Bala Cynwyd,PA 19004
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation org ized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint: Jared Young,Fred A.Thetford,Jr.,"Tobin Tucker, om Young
and Fred A.Thetford,Ill of Contract Bond Agency,LLC.
Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings
obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Dir ctors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I`day of July,2011.
RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the
Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given. And,be it
FURTHER
RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and biding upon the Company in the future with the respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIG 14ED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013.
1927 -
,5._C9
(Seal)
Robert D.O'Leary Jr„President&CEO
Philadelphia Indemnity Insurance Company
On this 7`h day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me dulysv orn said th
he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrui ient is the
Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed.
COMMONWEALTH
MM
FEHNMVANIA
NOTARIAL SEAL
DANIELLE
Mwy
Twp.,W,Notary Pub11c �(/J
Lower Marian T .,tabntgom Cou /�
Commission Marcl►�2019
Notary Public:
wm residing at: Bala Cynwyd.PA
(Notary Seal)
My commission expires: March 22,2016
I,CraigP.Keller,Executive Vice President,Chief Financial Officer and Secretary ary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify th
the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effe t.I do
further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly
elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 1 St day of May .20 1
Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
J
IMPORTANT NOTICE ADVISO IMPORTANTE
To obtain information or make a complaint: Para obener informacion o para someter una
You may call the Surety's toll free telephone queja: Usted puede Ilamar al numero de
number for information or to make a telefono gratis de para informacion o para
complaint at: someter una queja al:
1-877-438-7459 1-877-438-7459
You may also write Philadelphia Indemnity Usted tanbien puede escribir a Philadelphia
Insurance Company at: Indemnity Insurance Company at:
One Bala Plaza, Suite 100 One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004
Attention: Senior Vice President and Attention: Senior Vice President and
Director of Surety Director of Surety
You may contact the Texas Department of Puede comunicarse con el Departamento de
Insurance to obtain information on Seguros de Texas para obtener information
companies, coverage, rights or complaints acerca de companias, coberturas, derechos
at: o quejas al:
1-800-252-3439. 1-800-252-3439
You may write the Texas Department of Puede escribir al Departmento de Seguros
Insurance at: 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: httr)://www.tdi.state.tx.us Web: httr)://www.tdi.state.tx.us
Email: ConsumerProtectionCcD-tdi.state.tx.us Email: Co nsumerProtection(-)-tdi.state.t&.-ys
PREMIUM OR CLAIM DISPUTES: Should DISPUTAS SOBRE PRIMAS 0
you have a dispute concerning your RECLAMOS: Si tiene una disputa
premium or about a claim, you should concerniente a su prima o a un reclamo,
contact the Surety first. If the dispute is not debe comunicarse con el Surety primero. Si
resolved, you may contact the Texas no se resuelve la disputa, puede entoncIs
Department of Insurance. comunicarrse con el departamento (TDI),
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este
This notice is for information only and does aviso es solo para proposito de informacion
not become a part or condition of the y no se convierte en parte o condicion del
attached document. documento adjunto.
DATE(MM/DD/YYYY)
/7 CERTIFICATE OF LIABILITY INSURANCE 4/29/2015
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 NA EAC Jared Young
CONTRACT BOND AGENCY PHONE Fnx
(817)731-2568 .(817)731-3117
PO Box 100096 EDDRL FSS.jyoung@contractbond.net
Fort Worth, TX 76185
INSURERS AFFORDING COVERAGE NAIC#
INSUR RA: Continental Casualty
INSURED P.C. Contractors, LLC INSURERS: Transportation Insurance Company
JNSURER Valley Forge Insurance Company
P.O. Box 470930 INSURER D:
Fort Worth, TX 76147
(817) 343-4792 1 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
a 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.
LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER MMLIDYYYY MEFF M/DD/YYYy LIMITS
" GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
UAMAUENIEU
X COMMERCIAL GENERAL LIABILITY PR Moccurrence) $ 100 000
CLAIMS-MADE 0 OCCUR MED EXP(Anyoneperson) $ 5,000
A Y Y 5099238361 12/23/2014 2/23/2015 PERSONAL BADV INJURY $ 1,000 000
GENERAL AGGREGATE $ $1,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000
POLICY X PRO- Deductible $ $1,000
AUTOMOBILE LIABILITY COMBINED accident) IN L LIMIT1,00 ,000
X ANYAUTO BODILY INJURY(Per person) $
ALLOWNED SCHEDULED
$ AUTOS AUTOS Y Y 12/23/2014 2/23/2015 BODILY INJURY(Per accident) $
NON-OWNED 5099238330 PROPERTY AMAG $
X HIRED AUTOS X AUTOS (Par accident)
a
IETENTION
R X OCCUR EACH OCCURRENCE $ 5,000,000
A CLAIMS-MADE Y Y AGGREGATE $ 5,000,000
5099238358 12/23/2014 2/23/2015
WORKERS COMPENSATION WCST'MIT 0"
AND EMPLOYERS'LIABILITY Q
ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
C OFFICER/MEMBER EXCLUDED? N NJ Y
(Mandatory In NH) 5099238344 12/23/2014 2/23/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000
�. If yes,describe under 1'.00.0,000
O
SCRI PTI F OPERATION below DISEASE-POLICY LIMIT
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additlonal Remarks Schedule,If more space Is required)
Project No. 02406. 20145 CIP Sidwalk Contract 1. Additional Insured in favor of The City of Fort Worth, its Officers and
Employees applies to all policies except Workers Compensation when required by written contract. General Liability policy
T includes primary and non-contributory terms as required by written contract. Waiver of Subrogation in favor of The City of Fort
Worth applies to all policies when required by written contract. Umbrella policy is follow term form to GL, Auto and Employers
Liability policies. This insurance shall not be cancelled, limited in scope or coverage, cancelled or non-renewed, until after
thirty (30) days prior written notice has been given to the City of Fort Worth.
CERTIFICATE D CANCELLATION
City of Fort Worth (8)
1000 ThrOC�CIIlorton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Fort Worth, TX 76102 ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZE REPRESENTATIVE
1988 2010 ACORD CO PORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered arks of A RD
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:De=nba2l,2012
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 —Definitions and Terminology................................................ .............1
.............................................
1.01 Defined Terms...............................................................................................................................l
1.02 Terminology.................................................................................:................................................6
Article2—Preliminary Matters.........................................................................................................................7
2.01 Copies of Documents....................................................................................................................7
2.02 Commencement of Contract Time;Notice to Proceed................................................................7
2.03 Starting the Work..........................................................................................................................8
2.04 Before Starting Construction........................................................................................................8
2.05 Preconstruction Conference.......................................:..................................................................8
2.06 Public Meeting..............................................................................................................................8
2.07 Initial Acceptance of Schedules....................................................................................................8
Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8
3.01 Intent.................. ........................................................................................................................8
3.02 Reference Standards......................................................................................................................9
3.03 Reporting and Resolving Discrepancies.......................................................................................9
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................11
Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental
Conditions;Reference Points...........................................................................................................11
4.01 Availability of Lands..................................................................................................................11
4.02 Subsurface and Physical Conditions..........................................................................................12 _
4.03 Differing Subsurface or Physical Conditions........................................................................ 12
4.04 Underground Facilities..................:............................................................................................13
4.05 Reference Points.........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article 5—Bonds and Insurance.....................................................................................................................16
5.01 Licensed Sureties and Insurers
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:De=n1er21,2012
6.02 Labor;Working Hours................................................................................................................20
6.03 Services,Materials,and Equipment...........................................................................................20
6.04 Project Schedule..........................................................................................................................21
6.05 Substitutes and"Or-Equals".......................................................................................................21
a. 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
T 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
i
i
CITY OF FORT WORTH
STANDARD CONSTRUCTTON SPECIFCATION DOCUMENTS
Revision:De=iba2l,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 1
Article 12-Change of Contract Price;Change of Contract Time.................................................................46 �+
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Time............................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work......................48
13.01 Notice of Defects ........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections..................................................................................................................48
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work.............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................50
13.07 Correction Period........................................................................................................................50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 City May Correct Defective Work.............................................................................................51
Article 14-Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments......................................................................................................................52
14.03 Contractor's Warranty of Title...................................................................................................54
14.04 Partial Utilization............................................:...........................................................................55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance...................................................................... ...........55
........................................
14.07 Final Payment..............................................................................................................................56
14.08 Final Completion Delayed and Partial Retainage Release........................................................56
14.09 Waiver of Claims ..........57 --
..............................................................................................................
Article 15-Suspension of Work and Termination........................................................................................57
15.01 City May Suspend Work.............................................................................................................57
15.02 City May Terminate for Cause..............................................:....................................................58
15.03 City May Terminate For Convenience........................................................................................60
Article16-Dispute Resolution......................................................................................................................61
16.01 Methods and Procedures.............................................................................................................61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Decanba21,2012
Article17—Miscellaneous..............................................................................................................................62
17.01 Giving Notice..............................................................................................................................62
17.02 Computation of Times................................................................................................................62
17.03 Cumulative Remedies.................................................................................................................62
17.04 Survival of Obligations..............:................................................................................................63
17.05 Headings......................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Decenbc21,2012
f
00 72 00-1
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 `
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed-defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct,or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award–Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form,if any,and the Bid Form with any supplements.
10.Business Day–A business day is defined as a day that the City conducts normal business,
generally Monday through Friday,except for federal or state holidays observed by the City.
11.Buzzsaw–City's on-line,electronic document management and collaboration system.
12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Deccnber2l,2012
007200-1
Geneml
07200-
Geneml Condition
Page 2 of 6
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
s 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:Decemba2l,2012
007200-1
General Conditions
Page 3 of 63
25.Damage Claims -A demand for money or services arising from the Project or Site from a
third party,City or Contractor exclusive of a Contract Claim.
26.Day or day-A day,unless otherwise defined,shall mean a Calendar Day.
27.Director of Aviation -The officially appointed Director of the Aviation Department of the
City of Fort Worth,Texas,or his duly appointed representative,assistant, or agents.
28.Director of Parks and Community Services -The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth,Texas, or his duly appointed
representative,assistant,or agents.
29.Director of Planning and Development- The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative,assistant,or agents.
30.Director of Transportation Public Works - The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative,assistant,or agents.
31.Director of Water Department- The officially appointed Director of the Water Department
of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents.
32.Drawings—That part of the Contract Documents prepared or approved by Engineer which �-
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33.Effective Date of the Agreement—The date indicated in the Agreement on which it becomes ..
effective,but if no such date is indicated,it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34.Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work - Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents.Extra work shall be part of the Work.
36.Field Order—A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time,or the intent of the Engineer.
Field Orders are paid from Field Order Allowances incorporated into the Contract by funded
work type at the time of award.
37.Final Acceptance - The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Dwmrba2l,2012
007200-1
General Condition]
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
p
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities of
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 o�
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. 17
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 th
Work specified in Contract Documents.
r 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.
CTIY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Deeanba2l,2012
007200-1 �
General Conditions
Page 5 of 63
51.Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52.Project—The Work to be performed under the Contract Documents.
53.Project Representative—The authorized representative of the City who will be assigned to
the Site.
54.Public Meeting – An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55.Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time.
56.Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
duu Friday(excluding legal holidays).
57.Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions �.
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands fiuuished 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:Decan1w21,2012
0072 Do-
General Condition
Page 6 of 6
63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted b�
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 of
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, wireg,
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 famishing, 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:Dwanba2l,2012
00 7200-1
General Conditions
Page 7 of 63
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents(unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory,faulty,or deficient in that it:
a. does not conform to the Contract Documents;or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents;or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install,Perform,Provide:
1. The word "Fumish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time;Notice to Proceed
The Contract Time will continence 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:De=rba21,2012
00 72
General Condidifi
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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 id
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
v 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 labo ,
documentation, services, materials, or equipment that reasonably may be inferred from th
Contract Documents or from prevailing custom or trade usage as being required to produce th
indicated result will be provided whether or not specifically called for, at no additional cost t
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 b�
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
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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 i
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 t
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain ai
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
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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 o
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, o
discrepancy between the provisions of the Contract Documents and the provisions of an
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 shal�
govern over Specifications, Supplementary Conditions shall govern over General Condition
and Specifications, and quantities shown on the Plans shall govern over those shown in thl
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 an
deviations in the Work not involving a change in Contract Price or Contract Time, may b�
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, o�
other documents (or copies of any thereof) prepared by or bearing the seal of Engine ,
including electronic media editions;or
2. reuse any such Drawings, Specifications,other documents, or copies thereof on extensions
°�
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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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 famish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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C. Contractor shall provide for all additional lands and access thereto that may be required fol
construction facilities or storage of materials and equipment.
r 4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to City of physical conditions relating to existing surface of
subsurface structures at the Site(except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors,members,partners, employees, agents,consultants,or subcontractors with respect to:
_ 1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto;or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data,interpretations,opinions,or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any"technical data"on which Contractor is entitled to
r rely as provided in Paragraph 4.02 is materially inaccurate;or
2. is of such a nature as to require a change in the Contract Documents;or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contra
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the T
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A),notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if.
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site;or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated. The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the. Site is based on
information and data famished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities,including City,during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work. �.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A�,
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document th
consequences of the existence or location of the Underground Facility. Contractor shall b:
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments,and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly o
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the ful
cost for replacing such points plus 25% will be charged against the Contractor, and the ful
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawing
known to City relating to Hazardous Environmental Conditions that have been identified at th�
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon th
accuracy of the "technical data" contained in such reports and drawings, but such reports ani
drawings are not Contract Documents. Such "technical data" is identified in the Supplement
Conditions. Contractor may not make any Contract Claim against City, or any of their office
directors,members,partners, employees,agents,consultants,or subcontractors with respect to:
�. 1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto;or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings;or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data,interpretations,opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors,Suppliers,or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City(and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action,if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and-delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a �.
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City,from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any
individual or entityfrom and against the consequences of that individual's or entity's own
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site. W-
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ARTICLE 5—BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained b
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorize
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such additional requirements and qualification
as may be provided in the Supplementary Conditions.
5.02 Performance,Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as securi
to protect the City against any defects in any portion of the Work described in the Contrac
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Fina
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
s as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent o
its right to do business is terminated in the State of Texas or it ceases to meet the requirements o
Paragraph 5.02.C, Contractor shall promptly notify City and shall,within 30 days after the eve
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified iy
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured)which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in tho
Supplementary Conditions as"Additional Insured"on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement,which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M.Best Property&Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of L`-
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating'is below that
required,written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the"occurrence basis". If
coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with
or prior to the date of the effective date of the agreement and the certificate of insurance shall -�
state that the coverage is claims-made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period,whichever is —
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage,nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders'equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups,must also be approved by City.
_. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on
first-dollar basis,must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and t9
make reasonable adjustments to insurance coverage's and their limits when deeme
necessary and prudent by the City based upon changes in statutory law, court decision or th
claims history of the industry as well as of the contracting party to the City. The City shal
be required to provide prior notice of 90 days, and the insurance adjustments shall b
incorporated into the Work by Change Order.
13. City shall be entitled,upon written request and without expense, to receive copies of policie
and endorsements thereto and may make any reasonable requests for deletion or revision 0
1
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established b
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers'Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being perf6rmed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or-by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefi�
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations,personal injury, and liability under an insured contract. Insurance
shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO)policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto',
defined as autos owned, hired and non-owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work,or by anyone F
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has
been procured.There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage. �-
ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means,methods,techniques,sequences,and procedures of construction.
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_ B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. Th
Superintendent will be Contractor's representative at the Site and shall have authority to act o
behalf of Contractor. All communication given to or received from the Superintendent shall b
binding on Contractor.
4 C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction a
required by the Contract Documents. Contractor shall at all times maintain good discipline an
-- order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Wo,
at the Site shall be performed during Regular Working Hours. Contractor will not permit th
performance of Work beyond Regular Working Hours or for Weekend Working Hours withou
City's written consent (which will not be unreasonably withheld). Written request (by letter o
electronic communication)to perform Work:
y 1. for beyond Regular Working Hours request must be made by noon at least two(2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services,Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume f64
responsibility for all services,materials, equipment, labor,transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
s temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing,start-up,and completion of the Work-
B.
orkB. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
-` required tests)as to the source,kind,and quality of materials and equipment.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Decen=21,2012