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Contract 46547
CITY SECRETARY CRY SECRETARY , I I C �J��'� ffMCT No' �i D.O.E. RLE 1 coNlRAcroRS BONaNG co. FORT WORTH r coNSTRuc"s m" CUENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF W RTR DUCT BANK and TAXIWAY H IMPROVEMENTS at ALLIANCE AIRPORT VOLUME I City Project No. 960 Betsy Price David Cooke Mayor City Manager William B. Welstead, A.A.E. Airport System Director, Aviation Department Prepared for The City of Fort Worth Aviation Department February 10, 2015 CP&Y, Inc. TBPE Registration No. F-1741 RECEIVED MAR 2 7 2015 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 000000-1 TABLE OF CONTENTS Page 1 oft 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 General Conditions 5 0005 10.......................Mayor and Council Communication 6 00 11 13.......................Invitation to Bidders 7 0021 13.......................Instructions to Bidders 8 0035 13.......................Conflict of Interest Affidavit 9 00 41 00.......................Bid Form 10 00 42 43.......................Proposal Form Unit Price 11 0043 13.......................Bid Bond 12 00 43 37.......................Vendor Compliance to State Law Nonresident Bidder 13 00 45 26.......................Contractor Compliance with Workers'Compensation Law 14 00 45 41.......................Disadvantaged Business Enterprise Goal 15 00 52 43.......................Agreement 16 0061 13.......................Performance Bond 17 0061 14.......................Payment Bond 18 0061 19.......................Maintenance Bond 19 006125.......................Certificate of Insurance 20 00 72 00.......................Standard General Conditions of the Construction Contract 21 00 73 00.......................Supplementary Conditions 22 23 General Requirements 24 01 1100.......................Summary of Work 25 01 31 19.......................Preconstruction Meeting 26 01 31 20.......................Project Meetings 27 01 33 00.......................Submittals 28 0135 13.......................Special Project Procedures 29 01 45 23.......................Testing and Inspection Services 30 01 50 00.......................Temporary Facilities and Controls 31 01 70 00.......................Mobilization and Remobilization 32 01 74 23.......................Cleaning 33 01 77 19.......................Closeout Requirements 34 01 78 39.......................Project Record Documents 35 36 FAA General Provisions 37 38 FAA Contract Provisions 39 40 Technical Specifications 41 SS-100.........................Construction Barricades and Traffic Control 42 SS-200.........................Demolition r 43 F-162...........................Fence and Gates 44 L-110 ...........................Airport Underground Electrical Duct Banks and Conduits 45 L-115...........................Electrical Manholes and Junction Structures 46 L-150...........................FAA Communication Cable 47 L-151...........................Horizontal Directional Drilling 48 P-152...........................Excavation, Subgrade, and Embankment 49 P-501 ...........................Portland Cement Concrete Pavement CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 4,2013 City Project Number 960 000000-2 TABLE OF CONTENTS Page 2 of 2 1 P-605...........................Joint Sealing Filler 2 P-610...........................Structural Portland Cement Concrete Pavement 3 P-620...........................Runway and Taxiway Painting 4 T-901...........................Seeding 5 T-905...........................Topsoiling 6 TxDOT 351..................Flexible Pavement Structure Repair(by reference) 7 TxDOT 361..................Full-Depth Repair of Concrete Pavement(by reference) 8 3305 10.......................Utility Trench Excavation,Embedment and Backfill 9 33 05 30.......................Location of Existing Utilities 10 11 Appendices 12 TX140035....................Davis-Bacon Wage Rates 13 G&A............................Geotechnical Engineering Report 14 AC 150/5370-2F..........Operational Safety on Airports During Construction 15 FAA-C-1391c..............Installation, Termination, Splicing and Transient/Surge Protection of 16 Underground Electrical Distribution System Power Cables 17 FAA-STD-019e...........Lightning and Surge Protection, Grounding, Bonding and Shielding 18 Requirements for Facilities and Electronic Equipment 19 20 END OF SECTION CITY OF FORT WORTH RTR DUCT HANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 4,2013 City Project Number 960 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/3/2015 DATE: Tuesday, March 03, 2015 REFERENCE NO.: C-27216 LOG NAME: 55AFW RTR DUCT BANK AND TWY H (00960) SUBJECT: Authorize Execution of a Contract with EAS Contracting, L.P., in an Amount Up to $1,137,690.00 for Construction of the Receiver/Transmitter Relay Duct Bank Relocation and Taxiway H Pavement Improvements at Fort Worth Alliance Airport (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with EAS Contracting, L.P., in an amount up to $1,137,690.00 for construction of the Receiver/Transmitter Relay Duct Bank Relocation and Taxiway H Pavement Improvements at Fort Worth Alliance Airport, DISCUSSION: In preparation for the extension of the runways at Fort Worth Alliance Airport, which will begin in the Fall of this year, it is necessary to relocate the Receiver/Transmitter Relay Towers (RTR Towers) from the southeast side of the airport to the northwest side of the airport. These RTR Towers are the primary communications link between the Air Traffic Control Tower (ATCT) and aircraft departing or landing at the airport. In order to complete the move of the RTR Towers, a new duct bank needs to be created from the ATCT to the new site on the northwest side of the airport. The major work will consist of the construction of 5,600 linear feet (If) of concrete encased duct bank, 1,200 If of directional boring, installation of 26 manholes, replacement of 88 square yards (sy) of concrete taxiway pavement and repair of 144 If of spalled concrete joints. Additional work will be performed to remove and replace pavement that is in poor condition along Taxiway H on the eastside of the airport. The project was advertised for bid in the Fort Worth Star-Telegram on November 21, 2014 and November 27, 2014. On January 8, 2015, the following bids were received: Bidder Base Bid EAS Contracting, L.P. $1,137,690.00 C. Green Scaping, LP $1,456,012.00 B-C Company 1$1,282,952.00 Mitchell Enterprises, Ltd $1,196,748.00 Acme Electric Company [$2,690,267.00 Time of completion: 70 calendar days T.nunamP 55AFW RTR TITT(`T RAATV AATTI TAxN u[W)OAM Staff recommends that a contract be awarded to EAS Contracting, L.P., for this work. Federal Aviation Administration grant funds will be used for this project. Existing land credits will be used for the City's 10 percent in-kind match. IVI/WBE Office - EAS Contracting, L.P., is in compliance with the City's DBE program by committing to 11 percent DBE participation on this project. The City's DBE goal on this project is 10 percent. Alliance Airport is located in COUNCIL DISTRICT 7, Mapsco 48P. FISCAL INFORMATION I CERTIFICATION: The Fiscal Year 2015 budget included appropriations in the amount of$6,113,314.00 in the Airport Grants Fund for runway improvements. As of January 9, 2015, the appropriations have not been expended. Upon approval of this recommendation, the Financial Management Services Director certifies that funds are available within the existing appropriations. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers GR14 541200 055218634800 $1,137.690.00 CERTIFICATIONS: Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Ruseena Johnson (5407) ATTACHMENTS 1. Available Funds - 218634.docx (CFW Internal) 2. EAS Compliance.pdf (CFW Internal) 3. EAS EPLS.pdf (CFW Internal) 4. MAP 55AFW RTR and Twy H.pdf (Public) 5. RTR FAR v012715.pdf (CFW Internal) Loename: 55AFW RTR DUCT BANK AND TWY H(00960) P51(ye) of 7 001113-1 INVITATION TO BIDDERS Pagel of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of RTR DUCT BANK&TAXIWAY H REPAIRS,City Project 5 Number 960,will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth,Texas 76102 11 until 1:30 P.M. CST,Thursday, January 8,2015,and bids will be opened publicly and read aloud 12 at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: construction of 5,600 LF of concrete 16 encased duct bank, 1,200 LF of directional boring, installation of 26 manholes, replacement of 88 17 S of concrete taxiway pavement and repair of 144 LF of spalled concrete joints. 18 19 DOCUMENT EXAMINATION 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 bM://www.fortworthtexas.goy/purchasing/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 PREBID CONFERENCE 27 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 28 BIDDERS at the following location, date, and time: 29 DATE: December 5,2014 30 TIME: 10:00 AM 31 PLACE: Alliance Airport 32 2221 Alliance Blvd 33 Fort Worth,Texas 76177 34 LOCATION: Conference room 35 36 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 37 City reserves the right to waive irregularities and to accept or reject bids. 38 39 INQUIRIES 40 All inquiries relative to this procurement should be addressed to the following: 41 Attn: Ms. Ruseena Johnson, E.I.T.,City of Fort Worth 42 Email: Ruseena.Johnson@fortworthtexas.gov 43 Phone: 817-392-5407 44 45 AND/OR 46 Attn: James McKenzie, P.E.,CP&Y v, 47 Email: jmckenzie@cpyi.com 48 Phone: 214-589-6914 49 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised July 1,2011 City Project Number 960 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 t 1 ADVERTISEMENT DATES 2 November 21, 2014 3 November 27, 2014 4 END OF SECTION CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised July 1,2011 City Project Number 960 0021 13-1 INSTRUCTIONS TO BIDDERS Pagel of 8 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 -GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Examination of Bidding and Contract Documents, Other Related Data, and Site 33 34 3.1.Before submitting a Bid,each Bidder shall: 35 36 3.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including "technical data"referred to in 38 Paragraph 4.2. below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 3.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 43 site conditions that may affect cost, progress, performance or furnishing of the 44 Work. 45 46 3.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 8 1 3.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 2 Stat. 252, 42 U.S.C.2000d to 2000d-4 and Title 49, Code of Federal Regulations, 3 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 4 Nondiscrimination in Federally-assisted programs of the Department of 5 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 6 affirmatively insure that in any contract entered into pursuant to this advertisement, 7 minority business enterprises will be afforded full opportunity to submit bids in 8 response to this invitation and will not be discriminated against on the grounds of 9 race,color,or national origin in consideration of award. 10 11 3.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 12 contiguous to the Site and all drawings of physical conditions relating to existing 13 surface or subsurface structures at the Site(except Underground Facilities)that 14 have been identified in the Contract Documents as containing reliable "technical 15 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 16 at the Site that have been identified in the Contract Documents as containing 17 reliable "technical data." 18 19 3.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 20 the information which the City will furnish.All additional information and data 21 which the City will supply after promulgation of the formal Contract Documents 22 shall be issued in the form of written addenda and shall become part of the Contract 23 Documents just as though such addenda were actually written into the original 24 Contract Documents.No information given by the City other than that contained in 25 the Contract Documents and officially promulgated addenda thereto, shall be 26 binding upon the City. 27 28 3.1.7. Perform independent research, investigations,tests, borings, and such other means 29 as may be necessary to gain a complete knowledge of the conditions which will be 30 encountered during the construction of the project. On request, City may provide 31 each Bidder access to the site to conduct such examinations, investigations, 32 explorations,tests and studies as each Bidder deems necessary for submission of a 33 Bid. Bidder must fill all holes and clean up and restore the site to its former 34 conditions upon completion of such explorations, investigations, tests and studies. 35 36 3.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 37 cost of doing the Work,time required for its completion, and obtain all information 38 required to make a proposal. Bidders shall rely exclusively and solely upon their 39 own estimates, investigation, research,tests, explorations, and other data which are 40 necessary for full and complete information upon which the proposal is to be based. 41 It is understood that the submission of a proposal is prima-facie evidence that the 42 Bidder has made the investigation, examinations and tests herein required. Claims 43 for additional compensation due to variations between conditions actually 44 encountered in construction and as indicated in the Contract Documents will not be 45 allowed. 46 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 8 1 3.1.9. Promptly notify City of all conflicts, errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents. The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 3.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 8 9 3.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings, if any, on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 3.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures (except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 3.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents, but the "technical data"contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any "technical data"or 25 any other data, interpretations, opinions or information. 26 27 3.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods, techniques, sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents, (iii)that Bidder has given City written notice of all conflicts, 33 errors,ambiguities and discrepancies in the Contract Documents and the written 34 resolutions thereof by City are acceptable to Bidder, and when said conflicts,etc., have 35 not been resolved through the interpretations by City as described in Paragraph 6.,and 36 (iv)that the Contract Documents are generally sufficient to indicate and convey 37 understanding of all terms and conditions for performing and furnishing the Work. 38 39 3.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos, Polychlorinated 40 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 41 Paragraph 4.06.of the General Conditions, unless specifically identified in the Contract 42 Documents. 43 44 4. Availability of Lands for Work,Etc. 45 4.1.The lands upon which the Work is to be performed, rights-of-way and easements for 46 access thereto and other lands designated for use by Contractor in performing the Work 47 are identified in the Contract Documents. All additional lands and access thereto 48 required for temporary construction facilities, construction equipment or storage of 49 materials and equipment to be incorporated in the Work are to be obtained and paid for 50 by Contractor. Easements for permanent structures or permanent changes in existing 51 facilities are to be obtained and paid for by City unless otherwise provided in the CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 8 1 Contract Documents. 2 3 4.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 4 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- s of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 6 the award of contract at any time before the Bidder begins any construction work on the 7 project. 8 9 4.3. The Bidder shall be prepared to commence construction without all executed right-of- 10 way, easements, and/or permits, and shall submit a schedule to the City of how 11 construction will proceed in the other areas of the project that do not require permits 12 and/or easements. 13 14 5. Interpretations and Addenda 15 16 5.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 17 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 18 received after this day may not be responded to. Interpretations or clarifications 19 considered necessary by City in response to such questions will be issued by Addenda 20 delivered to all parties recorded by City as having received the Bidding Documents. 21 Only questions answered by formal written Addenda will be binding. Oral and other 22 interpretations or clarifications will be without legal effect. 23 24 Address questions to: 25 26 City of Fort Worth Aviation Department 27 3921 Lincoln Ave 28 Fort Worth,TX 76106 29 Attn: Ms. Ruseena Johnson, E.I.T. 30 Fax: 817.392.5413 31 Email: Ruseena.Johnson@fortworthtexas.gov 32 Phone: 817.392.5407 33 34 5.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 35 City. v 36 37 5.3.Addenda or clarifications may be obtained on-line by visiting the City of Fort Worth's 38 Purchasing Division website at http://www.fortworthtexas.goy/purchasintl and clicking 39 on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. 40 41 5.4.A prebid conference may be held at the time and place indicated in the Advertisement or 42 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 43 Project. Bidders are encouraged to attend and participate in the conference. Oral 44 statements may not be relied upon and will not be binding or legally effective. 45 46 6. Bid Security 47 6.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 48 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 49 the requirements of Paragraphs 5.01 of the General Conditions. 50 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H tMPROVEMF.NTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 8 1 6.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 7. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the orm1413 attached Bid Form- 14 15 8. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 9. Substitute and "Or-Equal" Items 19 The Contract, if awarded, will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or "or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B.and 6.05C.of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 10. Subcontractors, Suppliers and Others 29 10.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 30 12-2011 (as amended),the City has goals for the participation of minority business 31 and/or small business enterprises in City contracts. A copy of the Ordinance can be 32 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 33 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 34 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 35 Venture Form as appropriate.The Forms including documentation must be received 36 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 37 opening date. The Bidder shall obtain a receipt from the City as evidence the 38 documentation was received. Failure to comply shall render the bid as non- 39 responsive. 40 41 10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person op 42 or organization against whom Contractor has reasonable objection. 43 44 11. Bid Form 45 46 11.1. The Bid Form is included with the Bidding Documents; additional copies maybe 47 obtained from the City. 48 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 8 1 11.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 11.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 11.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 11.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 11.6. Bids by individuals shall show the Bidder's name and official address. 26 27 11.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 �. 30 11.8. All names shall be typed or printed in ink below the signature. 31 32 11.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 11.10. Postal and a-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. J 37 38 11.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 12. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED"on the face of it. 50 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 8 1 13. Modification and Withdrawal of Bids 2 3 13.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 13.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 14. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any)will be made available 17 to Bidders after the opening of Bids. 18 19 15. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 16. Evaluation of Bids and Award of Contract 25 26 16.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 16.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 8 1 16.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 16.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 16.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 16.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 16.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 'r 30 16.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 16.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 17. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 END OF SECTION CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised November 27,2012 City Project Number 960 00 35 13 BID FORM Page 1 of 1 SECTION 00 3513 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 providedbelow. http://www.ethics.state.tx.us/forms/CIQ.pdf 01A Ste- a- http://www.ethics.state.tx.us/forms/CIS.pdf a -ZLa4 , ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: EAS CONTRACTING, LP By: CARR LL EDWARDS 6013 CR 437 Signature: Address Here or Space PRINCETON, TX 75407 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 35 13_Bid Proposal Workbook CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY 4 This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local _ governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. N/A 2 ❑ Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F7Yes F� No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? EDYes F� No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business with the governmental entity Date Adopted 06/2912007 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This is the notice to the appropriate local governmental entity that the following local �- government officer has become aware of facts that require the officer to file this statement Date Received in accordance with Chapter 176,Local Government Code. 1 Name of Local Government Officer N/A 2 Office Held 3 Name of person described by Sections 176.002(a)and 176.003(a), Local Government Code 4 Description of the nature and extent of employment or other business relationship with person named in item 3 5 List gifts accepted by the local government officer and any family member, excluding gifts described by Section 176.003(a-1),if aggregate value of the gifts accepted from person named in Item 3 exceed$250 during the 12-month period described by Section 176.003(a)(2)(B) Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) e AFFIDAVIT I swear under penally of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Government Code)of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me,by the said _ _ _ - this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity; or an employee of a local governmental entity with respect to whom the local governmental entity has, in accordance with Section,176.005,extended the requirements of Sections 176.003 and 176.004. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code.An offense under this section is a Class C misdemeanor. Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of person described by Sections 176.002(a)and 176.003(a), Local Government Code. Enter the name of the person described by Section 176.002,Local Government Code with whom the officer has an employment or other business relationship as described by Section 176.003(a), Local Government Code. 4. Description of the nature and extent of employment or business relationship with person named in item 3. Describe the nature and extent of the employment or other business relationship with the person in item 3 as described by Section 176.003(a), Local Government Code. 5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed$250. List gifts accepted during the 12-month period (described by Section 176.003(a),Local Government Code)by the local government officer or family member of the officer, excluding gifts described by Section 176.003(a-1),from the person named in item 3 that in the aggregate exceed$250 in value. 6.Affidavit. Signature of local government officer. Adopted 06/29/2007 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: RTR Duct Bank&Taxiway H Improvements Alliance Airport City Project No.: 960 Units/Sections: Department of Aviation 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or w without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 1300 42 43_00 43 37_00 35 13—Bid Proposal Workbook 00 41 00 BID FORM Page 2 of 3 3. Time of Completion 3.1. The Work will be complete for Final Acceptance within 70 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.2. 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. 4. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Conflict of Interest Affidavit,Section 00 35 13 *If necessary,CIQ or CIS forms are to be provided directly to City Secretary g. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS _ Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 35 13—Bid Proposal Workbook 00 41 00 BID FORM Page 3 of 3 5. Total Bid Amount 5.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 5.2. 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. 5.3. Total Bid $1,137,690.00 6. Bid Submittal This Bid is submitted on January 8,2015 by the entity named below. Respectfully s , Receipt is acknowledged of the Initial followingAddenda: By: miffedAddendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: CARROLL EDWARDS (Printed Name) Title: PRESIDENT Company: EAS CONTRACTING, LP Corporate Seal: Address: 6013 CR 437 PRINCETON, TX 75407 State of Incorporation: TEXAS Email: Ira aaeaslD.com Phone: 972-734-1155 x 221 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 35 13 Bid Proposal Workbook 00 42 43 Bm PROPOSAL Page 1 of I SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 1 MOBILIZATION 01 7000 LS 1 $96193.00 $96193.00 2 CONSTRUCTION TRAFFIC CONTROL SS-100 LS 1 $25,000.00 $25,000.00 2-4"SHCEDULE 40 PVC CONCRETE ENCASED L-110 3 DUCT BANK LF 820 $25.00 $20,500.00 4-4"SHCEDULE 40 PVC CONCRETE ENCASED L-110 4 DUCT BANK LF 1630 $50.00 $81,500.00 6-4"SHCEDULE 40 PVC CONCRETE ENCASED L-110 5 DUCT BANK LF 1460 $65.00 $94,900.00 8-4"SHCEDULE 40 PVC CONCRETE ENCASED L-110 6 DUCT BANK LF 1742 $110.00 $191,620.00 7 DIRECTIONAL BORE 64"HDPE CONDUITS E-140 LF 424 $130.00 $55120.00 8 DIRECTIONAL BORE 84"HDPE CONDUITS E-140 LF 242 $170.00 $41140.00 DIRECTIONAL BORE 3-14"HDPE CARRIER PIPES E-140 9 (INCLUDES 2-4"SHCEDULE 40 PVC DUCTS IN LF 542 $500.00 $271,000.00 50-PAIR 19 GA COPPER CABLE INSTALLED IN L-150 10 DUCT LF 1350 $8.50 $11475.00 11 CONNECT DUCT BANK TO EXISTING MANHOLE L-115 EA 1 $360.00 $360.00 12 FAA MANHOLE(H-20 LOAD RATED) L-115 EA 2 $6 868.00 $13,736.00 13 FAA MANHOLE(AIRCRAFT LOAD RATED) L-115 EA 24 $8,000.00 $192,000.00 ASPHALT ROADWAY PAVEMENT REPAIR AT DUCT TxDOT 351 14 BANK CROSSING SY 10 $85.001 $850.00 CONCRETE ROADWAY PAVEMENT REPAIR AT TxDOT 361 15 DUCT BANK CROSSING SY 20 $250.00 $5,0 0.00 16 REMOVE 14"DOWELED CONCRETE PAVEMENT SS-200 SY 88 $65.00 $5,720.00 17- REMOVE 8"CEMENT TREATED BASE MATERIAL SS-200 SY 88 $30.00 $2,640.00 18 DOWELED CONCRETE PAVEMENT P-501 CY 54 $396.00 $21384.00 19 JOINT SPALL REPAIR P-501 SF 71 $92.00 $6,532.00 20 TAXIWAY PAINTING P-620 SF 100 $10.00 $1000.00 AOA FENCE(INCLUDES DEMOLITION AND F-162 21 INSTALLATION OF TEMP.AND PERMANENT EA 2 $10.00 $20.00 1r Total Bid $1,137,690.001 END OF SECTION 11 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECffICATION DOCUMETM "5 Form Revised 20120120 00 410000 43 13_00 42 4300 43 3700 35 13 Bid Proposal Wodcbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page f of f 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 r 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 our company or our parent company or majority owner is in the State of Texas. BIDDER: EAS CONTRACTING, LP By: QA RROLL EDWARDS 6013 CR 437 Zov Address Here or Space f (Signature) PRINCETON, TX 75407 Title: PRESIDENT Date: j END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 410000 43 13_00 42 43_00 43 3700 35 13—Bid Proposal Workbook 004526-I 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. 1965.Contractor further certifies that,pursuant to Texas Labor Code,Section 6 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 11 EAS CONTRACTING, LP By: CARROLL EDWARDS 12 Company (Pease Print) 13 14 6013 CR 437 Signature: 15 Address 16 17 PRINCETON, TX 75407 Title: PRESIDENT 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 .� 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 C a►rf-011 EQk,- as. ,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 *e-r..,Xe t.A - S� for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 "t 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32 CL in LdALV••!! ,201 33 34 ,��N►�N t u t t���lii�� 35 Wk e.» 36 Q ' 01PR Y PG ' ��'- Notary Public in and for t e S of Texas 37 _ ny = 38 = 9F of tE+P Oy END OF SECTION �i Fp�RES.• ��� 39 ,1 CrrY OF FORT WORTH RTR DUCT BANK&TAXI WAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised July 1,2011 City Project Number 960 004542-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 42 2 DISADVANTAGED BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the DBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the DBE 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 10 Disadvantaged Business Enterprises (DBE) in the procurement of all goods and services. All 11 requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance 12 apply to this bid. 13 14 DBE PROJECT GOAL 15 The City's DBE goal on this project is 10%of the total bid. 16 17 COMPLIANCE TO BID SPECIFICATIONS 18 On City contracts greater than $50,000 where a DBE subcontracting goal is applied, bidders are 19 required to comply with the intent of the City's Business Diversity Ordinance by one of the 20 following: 21 1. Meet or exceed the above stated DBE goal through DBE subcontracting participation,or 22 2. Meet or exceed the above stated DBE goal through DBE Joint Venture participation,or 23 3. Good Faith Effort documentation,or; 24 4. Waiver documentation. 25 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 26 considered non-responsive. Any questions, please contact the M/WBE Office at(817) 392-6104. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Managing Department, within the following 30 times allocated, in order for the entire bid to be considered responsive to the specifications. The 31 Offeror shall deliver the DBE documentation in person to the appropriate employee of the Managing 32 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 33 documentation in the time allocated. A faxed ct►py 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 opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 34 END OF SECTION CITY OF FORT WORTH RTR DUCT BANK&TAXIWAY H IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ALLIANCE AIRPORT Revised December 20,2012 City Project Number 960 U) cn O R a L �.;. y d UIL` �m d o O ZW a)� a U Sj d o W in CO E oQ.ac " U. m :o a. NE a: �: �o Ga: vcav' Q o:c � Ey::aE ca ;m � a 4= cv �c a - lm G �° S c E c o m q a '.v a c_cts o a rn. a; c _ 3 R o r a s ti H- E c< ° scar � ; s .a m �a o t- c m ca LO i°+ '� �� lQ r U .: V'm W� �w cnL o •O a G'p V N - Vl.aC v: -G L r y cv `°� E End a 'a-data oU Ctctr °L Qat �' mctco > w W . d; GO t) ❑ m cu' OoM� =3' acE aaa O o ° � eQ � o� t, �`n moa•c „ UL o° dEo 7 o m in.o ;cp o•• E.a tn�';y � �a ° a�- am -C E ui Lod=G V c a �.cc hoc o. a� octvL o � 3 ° vR ° C) U Q L_a t~ � O w! 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WU F- U �I Q iF- W U `° d °- U 005243-1 Agreement Page 1 of 4 CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on -3,131A2 15 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 EAS CONTRACTING, LP., authorized to do business in Texas, acting by and through its 6 duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: 8 Article 1.WORK 9 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project 10 identified herein. 11 Article 2.PROJECT 12 The project for which the Work under the Contract Documents may be the whole or only a part is 13 generally described as follows: 14 RTR Duct Bank&Taxiway H Improvements at Alliance Airport 15 City Project#: 960 16 Article 3. CONTRACT TIME 17 3.1 Time is of the essence 48 All time limits for Milestones, if any, and Final Acceptance, as stated in the Contract Documents 19 are of the essence to this Contract. 20 3.2 Final Acceptance 21 The Work will be complete for Final Acceptance within 70 days after the date when the Contract 22 Time commences to run as provided in Paragraph 2.03 of the General Conditions. 23 3.3 Liquidated damages 24 Contractor recognizes that time is of the essence of this Agreement and that City will suffer 25 financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, 26 plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The 27 Contractor also recognizes the delays, expense, and difficulties involved in proving in a legal 28 proceeding, the actual loss suffered by the City if the Work is not completed on time. 29 Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages 30 for delay(but not as a penalty),Contractor shall pay City Six Hundred Fi)te and 00/100 Dollars 31 ($650.00) for each day that expires after the time specified in Paragraph 3.2 for Final 32 Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT.WORTHS TX CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#: 960 Revised August 17,2012 ap 005243-2 Agreement Page 2 of 4 CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 33 Article 4. CONTRACT PRICE 34 City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents 35 an amount in current funds of One Million,One hundred Thirty-Seven Thousand,Six Hundred Ninety 36 and 00/100.......Dollars($1.137.690.00). 37 Article 5. CONTRACT DOCUMENTS - 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and Contractor 40 concerning the Work consist of the following: 41 1. This Agreement 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project specific) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Commitment Form 56 3. General Conditions 57 4. Supplementary Conditions 58 5. Specifications specifically made a part of the Contract Documents by attachment or, if not 59 attached, as incorporated by reference and described in the Table of Contents of the 60 Project's Contract Documents. 61 6. Drawings 62 7. Addenda 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the Agreement 65 and,if issued,become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders 68 c. Change Orders 69 d. Letter of Final Acceptance 70 71 OFFICIAL RECORD CITY SECRETARY FT.WORTNo TX CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport r STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#: 960 Revised August 17,2012 005243-3 Agreement Page 3 of 4 CITY OF FORT WORTH RTR Duct Bank&Taxiway H improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 72 Article 6. INDEMNIFICATION 73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the 74 city, its officers, servants and employees, from and against any and all claims arising out of, or 75 alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, 76 employees, subcontractors, licenses or invitees under this contract. This indemnification provision 77 is specifically intended to operate and be effective even if it is alleged or proven that all or some of 78 the dama es being sought were caused, in whole or in part, by any act, omission or negligence of 79 the 61y. This indemnity provision is intended to include, without limitation, indemnity for costs, 80 expenses and legal fees incurred by the city in defending against such claims and causes of actions. } 81 82 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 83 officers, servants and employees, from and against any and all loss, damage or destruction of 84 property of the city, arising out of,or alleged to arise out of,the work and services to be performed 85 by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this 86 contract. This indemnification provision is specifically intended to operate and be effective even if 87 it is alleged or proven that all or some of the damages being sought were caused, in whole or in 88 part,by any act,omission or negligence of the cLq. 89 90 Article 7. MISCELLANEOUS 91 7.1 Terms. 92 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have 93 the meanings indicated in the General Conditions. 94 7.2 Assignment of Contract. 95 This Agreement, including all of the Contract Documents may not be assigned by the Contractor 96 without the advanced express written consent of the City. 97 7.3 Successors and Assigns. 98 City and Contractor each binds itself, its partners, successors, assigns and legal representatives to 99 the other party hereto, in respect to all covenants, agreements and obligations contained in the 100 Contract Documents. 101 7.4 Severability. 102 Any provision or part of the Contract Documents held to be unconstitutional, void or 103 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining 104 provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 105 7.5 Governing Law and Venue. 106 This Agreement, including all of the Contract Documents is performable in the State of Texas. 107 Venue shall be Tarrant County, Texas,or the United States District trict 108 of Texas,Fort Worth Division. OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#. 960 Revised August 17,2012 w 005243-4 Agreement Page 4 of 4 CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 109 7.6 Other Provisions. 110 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 111 classified,promulgated and set out by the City, a copy of which is attached hereto and made a part 112 hereof the same as if it were copied verbatim herein. 113 7.7 Authority to Sign. 114 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized 115 signatory of the Contractor. 116 117 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. 118 119 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 120 121 Contractor: City of Fort Worth _ EAS Contracting,LP B yellsicontracting, GP,LLC General Part er I By. w.w��� Fernando Costa By: Assistant City Manager (Signature) Date: 3 2( /S QM ffLawrence Pinzel Attest: a o°ppO°po-lAP9�1 a (Printed Name) City Secretary o Q'A ¢ •� (Seal) p moo° 7'� Title:Vice President �0 o�� Ox Address: 6013 CR 437 �� °°°o °o°� c�d °0000° .o M&C C- Z72 is aar ][A'S�4' Date: -3—/544 City/State/Zip: Princeton, TX 75407 Approved as to Form and Le ality: Date: 3-4-2015 Grant fordan Assistant City Attorney 122 123 124 APPROVAL RECOMMENDED: 125 126 A127 1�� 128 OFFICIAL RECORD William Welstead 129 DIRECTOR, 130 CITY SECRETARY Aviation Department 131 FT.WORTH,TX CITY OF FORT WORTH RTR Duct Bank&Taxiway H Improvements at Alliance Airport STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#: 960 Revised August 17,2012 - 00 61 13-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 Bond No.46BCSGV2594 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,EAS CONTRACTING,LP. !mown as"Principal'herein and 8 Hartford Fire Insurance Company ,a corporate surety(sureties,if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or[Hare),are held and firmly bound unto the City of Fort Worth,a municipal corporation created I 1 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,One MilliQnQne 12 Hundred ThiM-Seven Thousand Six Hundred Ninety and 001100...........Dollars 13 (S 1.137.690.00),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, 15 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 5�-f day of Maryh - - ,20 15',which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 19 labor and other accessories defined by law,in the prosecution of the Work,including any Change 20 Orders,as provided for in said Contract designated as RTR Duct Bank&Taxiway H 21 Improvements at Alliance Airport,Ciro Project#: 960. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects dtdy and 24 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX y CITY OF FORT WORTH RTR Duo Bank&Tarlwrp H Japooven ars at Aftace Airport STANDARD CONSTRUCTION SPECEFICATION DOCUMENTS h ed N. 960 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 o1`2 1 SECTION 00 61 14 2 PAYMENT BOND y 3 Bond No.46BCSGV2594 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, EAS CONTRACTING, LP., known as "Principal" herein, and 8 Hartford Fire Insurance Company P a Corporate surety 9 (sureties), duty authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or snore), 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 suns of One Million One Hundred Thirty-Seven Thousand Sax Hundred Ninety and 001100 13 Dollars ($1,137.690.00 , lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 18 , �ay of_ ox-cAN , 20 5 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, 20 labor and other accessories as defined by law,in the prosecution of the Work as provided for in 21 said Contract and designated as RTR Duct Bank& TWY H Improvements at Alliance Airaort. A 22 City Project#:960. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void;otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 -.� OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH RTR Louv J3 k&4hTA.WJXjr4,1X Atli nce Akp rl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 96o Revised July 1,2011 006114-2 PAYMENT BOND Pie 2 oft 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 17th day of 3 March 4 4 PRINCIPAL: B EAS Contracting GP AS Contracting. .L ,General Partner ATTEST: BY: Signature p. �o►b.>hr�tt tenet �Vr� (Pri cipa)Secretary Name and Title Address: 6013 GR 437 PrincPtnn TY 754(17 Witness as to Principal v� SURETY: _Hartford Fire Insurance Company ATTEST: BY: pature Old Mbar tones.Attorney-in-Fact (Surety)Secretary Name and Title Address: 3000 Internet Blvd_ Suite Frisco.600 TX 75034 Witness ass as—t�� Telephone Number: (469)287-0246 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 MW RD 12 RY FT. X CITY OF FORT WORTH RTR Disci Bank d rao a Abpar STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City P0ojM1 M:9d0 Revised July 1,2011 006119-1 MAINTENANCE FOND Page I d3 I SECTION 00 61 19 2 MAINTENANCE BOND 3 Bond No.46BCSGV2594 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we EAS CONTRACTING.LP,known as"Principal"herein and 8 Hartford Fire Insurance Coml2any ,a corporate surety(sureties,if more than 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 the State of Texas,known as"City"herein,in the sum of One Million 12 One Hundred Thirty-Seven Thousand Six Hundred Ninety and 00/100...........,Dollars 13 (S 1.137j690.0 ),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors,we 15 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the_3!! dday of 20 K',which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to famish all ' 21 materials,equipment labor and other accessories as defined by law,in the prosecution of die 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work')as provided for in said contract and designated as RTR Duct Bank and Taxiway H 24 lmprovements at Alliance Airport.City Project#:960;and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period');and 30 ~ 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefore at any time within the Maintenance 33 Period, OFFICIAL RECORD 34 CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTH RTR Duct Bank m i7-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citr PrgeC k %0 Revised July 1,2011 0061 19.2 MAINTENANCE BOND Page 2 d3 5 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to retrain in 4 full force and effect. S 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 1 I PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fon 13 Worth Division;and 14 is PROVIDED FURTHER,that this obligation shall be continuous in nature and L 16 successive recoveries may be had hereon for successive breaches. 17 18 19 OFFICIAL RECORD CITY SECRETARY FT.!WORTH,TX CITY OF FORT WORTH RrR Duct Bark and rurnwr Nhyrowwnts w ARionceAirpwt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projon 0: 960 Rev6ed July 1,2011 0061 19-3 MAINTENANCE BOND Patc 3 d3 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 17th day of 3 March .20—L�_. 4 r 5 PRINCIPAL: B AS Contracting GP b FAS 'tea•tit ng I- L General Partner 7 8 9 BY: 10 Sign 11 ATTEST 12 1 `, 13 ire Ct Pn-reky •`' 14 (Pri i Secretary Name and Title 15 16 Address: hnt a CR 437 17 PringGton,TX 75407 18 19 20 Witness as to Princips 21 SURETY: 22 Hartford Fire Insurance - 23 24 25 BY: ` 26 ignature 27 _ 28 Amber loves.AttoU=—in-Fact 29 ATTEST: Name and Title _ 31 0, y f L�,t� t Addrm: 3(I0n Internet Ravd 32 (Surety)Secretary - Suite 600 3 ----- D^ Friscn.TX 7SD34 34 �/ \ 35 Witness as to ty Telephone Number 469)797-0246 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 OFFICIAL RECORD CITY SECRETARY T- WORTH, TX CITY OF FORT WORTH RIR Duet Bank and Tariwav H Lap wmeau at Alliance Abpon STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Qty Projal#. 960 Revised July 1,2011 1� IMPORTANT NOTICE "ISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 1-800-392-7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products The Hartford 2 Park Avenue, 5th Floor Hartford Financiathl Products New York, New York 10016 2 Park Avenue, 5 Floor 1-212-277-0400 New York, New York 10016 1-212-277-0400 You may contact the Texas Department of puede comunicarse con el Departamento de Insurance to obtain information on companies, coverages, rights or complaints at: Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number(512) 475-1771 Fax Number(512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS O RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A S!I POL17e: Este aviso This notice is for your information only and es solo para pioposito de Informnion y no does not become a part or condition of the se convierte e9FRONK NEQQMI cion del attached document. documento adj 4111ITY SECRETARY FT. WORTH, TX PW F-4275-1, ./7X4275-1 HR 42 H006 00 0807 1 THE Producer Compensation Notice HARTFORD You can review and obtain information on The Hartford's producer compensation practices at ww&ohehartford.com or at 1-800-592-5717 i t i t i i1 i i ye i i OFFICIAL.RECORD CITY SECRETARY FT.WORTH,TX i { HR 00 H093 00 0207 0 2007,The Hartford Page 1 of 1 Direct 1nquiHWC1a1ms to: POWER OF ATTORNEY THE HARTFORD Bond T3 One Hartford Plaza Hartford,Connecticut 06155 Calk.888-266-3488 or fax:880-7573835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:4 6-S u u 8 94 ® Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut © Hartford Casualty Insurance Company,a corporation duly organized under the laws ofthe State of Indiana © Hartford Accident and Indemnity Company,a corporation duly organized under the laws ofthc State of Connecticut Hartford Underwriters I neurance Company,a corporation duly organized under the laws of the State of Connecticut ® Twin City Fire Insurance Company,a corporation duly organized under the laws ofthe State of Indiana O Hartford Insurance Company of Illinois,a corporation duly organized under the laws ofthe State of Illinois O Hartford Insurance Company of the Midwest,a corporation duly organized under the laws ofthe State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws ofthe State of Florida having their home office in Hartford, Connecticut(hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of Unlimited Nancy Bertel, Amber Jones, Darrin J. Weber of DALLAS, Texas their true and lawful Attorney(s)-in-Fact,each in their separate capacity If more than one is named above,to sign its name as surety(ies)only as delineated above by®,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments In the nature thereof,on behalf of the Companies In their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on August 1,2009,the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, ptxsuard to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. n� ,'tis• f f� e•�11. ��� ,.�- I`Nueal`)y Neu•► llTe � ;*la7o `_� II71 `�:�°� +�f':Ps • ••„ens 'M,.M Wesley W.Cowling,Assistant Secretary M Ross Fisher, Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 12th day of July.2012,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hartford,State of Connecticut;that he is the Vice President of the Companies,the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ♦ Kaddeen T.Maynard CEftTFICJtTE Notary Public My Commission Expires July 31,2016 I,the undersigned,Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which is still in full force effective as of March 17,2015. Signed and sealed at the City of Hartford. Y �µMrlWyl � ♦da f a �1*, �rwYy.+ f ��� :lam .`+Nava`± i 4•ulf• tegtt � �taT�•j{ � '� 1; _ OFFICIAL R�Qr D CITY SEC Yon or,Vim President - - POA 2012 \ FT-WORTH,TX DATE(MMIDDIYYYY) ACOR V CERTIFICATE OF LIABILITY INSURANCE 2/26/2015 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NancyBertel NAME: Saffe Property & Casualty, LP dba PHDA/CNE (972)961-3930 IN aC No: (972)961-3931 RiskPro Partners E-MAIL ADDRESS: ro nbertel@riskP P artners.com 13601 Preston Road, Suite E740 INSURERS AFFORDING COVERAGE NAIC# Dallas TX 75240 INSURERAAmerisure Insurance CompanV 19488 INSURED INSURER B:Amerisure Partners Insurance 11050 EAS Contracting, LP INSURER CAmerisure Mutual Insurance 23396 13995 Diplomat Drive Suite 400 INSURERD:Illinois Union Insurance 27960 INSURER E: Farmers Branch TX 75234 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD s INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JUM WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS s GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY ,REMTO RENTED PREMISES Ea occurrence $ 300,000 M A I CLAIMS-MADE Fx—]OCCUR GL2090165 11/20/201411/20/2015 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFX PRO LOC $ AUTOMOBILE LIABILITY (CE SINGLE LIMIT Ea Maccident 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED A2065634 11/20/201411/20/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP-Basic $ X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 10,000,000 C EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED I I RETENTION$ CU2065635 11/20/2019 1/20/2015 $ C WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNEWEXECUTIVE E.L.EACH ACCIDENT $ 1,00 000 OFFICEWMEMBER EXCLUDED? [Nq] NIA C2065633 11/20/2014 1/20/2015 (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Pollution OOG23567556010 11/20/201411/20/2015 Each Claim $5Mi.1/$3Mil Errors & Omission 1 0 Retro Date 11/20/03 SIR $25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project Name: RTR Duct Bank & Taxiway H Improvements At Alliance Airp . 960 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS, 1000 Throckmorton St. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE C Polk/NANBER ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. r INS025rgmnnsim Tf.o Anr1pr1 nnmo nnrl Innn aro ronicforoef m�rlra of Anr1Rr1 COMMENTS/REMARKS General Liability, Automobile and Umbrella policies include a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract or agreement that requires such status. The General Liability Additional Insured endorsement provides ongoing and completed operations coverage when there is a written contract between the named insured and the certificate holder requiring such status. The General Liability policy includes primary and noncontributory wording when there is a written contract between the named insured and the certificate holder requiring such status. The General Liability, Automobile, Workers Compensation and Umbrella policies include a blanket waiver of subrogation endorsement when there is a written contract between the named insured and the certificate holder requiring such status. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I STANDARD GENERAL CONDITIONS r OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deaanba2l,2012 6F STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 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................................ 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................I I 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 Article5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deom ba2I,2012 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Programs...............................................................................................37 e Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Do=nba2l,2012 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time..............................:.............................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 iiArticle 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece nba21,2012 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:Deomtw21,2012 007200-1 General Conditions Page I of 63 ARTICLE I – 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:Deomiba2l,2012 0072W-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City-- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by – Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, -- Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort - Worth, Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for defmition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoanber21,2012 007100-1 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:Dece n w2l,2012 0072 00-1 General Conditions Page 4 of 63 38. Final Inspection - Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or ;- circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. -� 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item-An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. - 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans-See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting --- An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoernba21,2012 0072W-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent- The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or - supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours-.Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, '- Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to �- be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day-A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 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:D=nber21,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean famishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECE'CATION DOCUMENTS Revision:Deoanber2l,2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference — Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor — attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwanba2l,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decwt=21,2012 007200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. -F B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be - authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenta21,2012 0072W-I General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deomt=21,2012 007200-1 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or — 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings;or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents;or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 UU72UU-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time 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 furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decen ball,2012 007100-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all " utility companies a minimum of 48 hoes 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 —F City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CTPD OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deom ber2l,2012 007200-1 General Conditions Page 15 of 63 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 entity from 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decmta21,2012 0072W-1 General Conditions Page 16 of 63 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 by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized 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 qualifications 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 security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final -� 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 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 or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event 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 in 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 the Supplementary Conditions as"Additional Insured"on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwanber2l,2012 007200-1 General Conditions Page 17 of 63 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoe nber2l,2012 0072W-1 General Conditions Page 18 of 63 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 a 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 to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be ` incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or 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 by 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 performed 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 benefit 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012