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Contract 46853
CITY SECRETARY 'da' CITY SECRETAW CONTRACT NO. FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF NORTH Z. BOAZ PARK—PHASE II (DOG PARK IMPROVEMENTS) City Project No.02218 DOE No. Betsy Price David Cooke Mayor City Manager Richard Zavala Director,Parks and Community Services Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Parks and Community Services Department 2015 BEM F-"T*BEIWER PARTNERS AAM "ICTS+PLANNffiA5 500 west 7th street, suite 1400 rOFF17CIAL RECORD Fort worth,Texas 76102 CRETARY817.335.4991 wwy✓,bbgtx.comRTH,TX Offii d site of the p=ity of Fort�'i,,rth, Texas RTWoRTH CITY COUNCIL AGENDA Fa � COUNCIL ACTION: Approved on 6/16/2015 - Ordinance No. 21780-06-2015 DATE: 6/16/2015 REFERENCE C-27352 LOG NAME: 80NZ BOAZ DOG NO.: PARK CODE: C TYPE: NON- PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Construction Contract with Raydon, Inc., in the Amount of $585,575.70 for Construction of Dog Park Improvements at North Z. Boaz Park, Provide for Administration and Contingencies for a Total Project Cost of$615,575.70, Authorize Acceptance of a Monetary Donation from the Amon G. Carter Foundation in the Amount of $150,000.00 and from the Fort Worth Chamber Foundation, Inc., in the Amount of $100,000.00 and Adopt Appropriation Ordinance (2014 BOND PROGRAM) (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a construction contract with Raydon, Inc., in the amount of $585,575.70, for the construction of dog park improvements at North Z. Boaz Park; 2. Authorize the acceptance of$250,000.00 in monetary donations from the Amon G. Carter Foundation and the Fort Worth Chamber Foundation, Inc.; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Donations Capital Projects Fund in the amount of$250,000.00 for the purpose of funding dog park improvements at North Z. Boaz Park. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to execute a construction contract with Raydon, Inc., in the amount of$585,575.70 for dog park improvements at North Z. Boaz Park. This M&C also authorizes the acceptance of$250,000.00 in donations and adoption of the attached appropriation ordinance. In October 2013, the Parks and Community Services Department (PACSD) entered into a Fundraising Agreement with Mrs. Judy Needham for the purpose of raising private funds for donation to the City that would be leveraged with 2014 Bond Funds for the development of the City's second dog park and associated parking at North Z. Boaz Park. The dog park project consists entirely of dog park elements, from the base necessities (fencing, irrigation, turf, etc.) to typical amenities (dog fountains, shade structures, obstacle course, etc.). Mrs. Needham met with Amon G. Carter Foundation representatives on numerous occasions to discuss their possible participation in the City's dog park project. In November 2014, the Foundation Board approved a donation to the City in the amount of$150,000.00 in support of the improvements at North Z. Boaz Dog Park. Acceptance of the donation was endorsed by the Parks and Community Services Advisory Board on January28, 2015. In May of 2015, the City was informed that an additional $100,000.00 donation would be made for improvements at the dog park by the Fort Worth Chamber Foundation Inc., made possible by a gift from the Communities Foundation of North Texas. On May 27, 2015, the Parks and Community Services Advisory Board approved a motion to recommend acceptance of the donation. Upon approval of this City Council action, the total donation amount of$250,000.00 will be accepted by the City. On April 2, 2014, (M&C C-26745) the City Council authorized the City Manager to enter into an Interlocal Agreement in the amount not to exceed $165,000.00 with Tarrant County for the reimbursement of materials and equipment costs associated with the excavation, base preparation, sub-base preparation and HMAC/Asphalt paving portion of the parking lot project. Since the County does not perform concrete work, it was necessary for the City to bid out the remaining project items associated with parking lot construction. On July 15, 2014, (M&C C-26850) the City Council authorized the execution of a construction contract with Raydon, Inc., in the amount of$90,699.62 for parking lot and roadway improvements at North Z. Boaz Park. Associated design/construction administration, inspection, testing and change order contingency funding totaled $10,000.00. Private fundraising efforts continued for the development of the dog park and the City secured pro bono professional engineering services from Bennett Benner Partners for the preparation of design and construction documents for fencing, irrigation, lighting, flatwork, masonry entrance and grassing. North Z Boaz Park improvements costs are as follows: Description Amount Design $ 0.00 Tarrant County Interlocal $165,000.00 Agreement Parking Lot & Roadway $ 90,699.62 Improvement Construction Dog Park Improvement $585,575.70 Construction Contingency $ 40,000.00 Total Project Cost $881,275.32 Phase II of the project was advertised for bid in the Fort Worth Star-Telegram on April 16, 2015 and April 23, 2015. On May 7, 2015, the following bids were received: Bidders Base Bid Bid Alternate Total Raydon, Inc. $512,661.70 $72,914.00 $585,575.70 Cole Construction $757,351.00 $86,000.00 $843,351.00 C. Greenscaping $801,399.20 $108,700.00 $910,099.20 The Base Bid work is to include site preparation, demolition, preparation of Storm Water Pollution Prevention Plan, erosion control, traffic control, concrete curb and gutter, concrete sidewalk, fine grading, grassing of disturbed areas, fencing, irrigation and lighting. Bid Alternate is to perform median modification on Camp Bowie Boulevard along the south boundary of the park adjacent to the new parking lot pursuant to TxDOT approved permit. It is recommended that the Base Bid in the amount of$512,661.70 and Bid Alternate No. 2 in the amount of $72,914.00, totaling $585,575.70, as submitted by Raydon, Inc., be approved for award of contract. The contract period is 90 calendar days. Associated design/construction administration, inspection, testing and change order contingency funding totals $30,000.00. M/WBE OFFICE - Raydon, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 15 percent MBE participation on the PACSD base bid price only. The City's MBE goal on this base bid contract is 14 percent. This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014). The impact on the annual operating budget will be $59,139.00 for the dog park phase of this project. Construction is anticipated to commence in August 2015 and be completed in November 2015. North Z Boaz Park is located in COUNCIL DISTRICT 3, Mapsco 74J and 74N. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that appropriations are included in the Fiscal Year 2015 Adopted Budget of the 2014 Bond Program pursuant to Ordinance No. 21457-09-2014 and funds are available in the General Fund to pay expenses which will be incurred on the North Z. Boaz Park Improvements Project until reimbursement can occur from the issuance of public securities and subject to receipt of the funds, and adoption of the appropriation ordinance, funds will be available as appropriated, of the Special Donations Capital Project Fund and 2014 Bond Program Fund. Available funding is shown below: Fund Existing Additional Total To Date Projected Remaining FY2015 Appropriations Appropriations Encumb./Expenditure Balance Appropriations 2014 $500,000.00 $ 0.00 $500,000.00 $440,543.52 $59,456.48 Bond Program Fund Parks $176,515.00 $ 0.00 $176,515.00 $163,170.89 $13,344.11 Gas Lease Capital Project Fund Special $ 0.00 $250,000.00 $250,000.00 $250,000.00 $ 0.00 Donation Capital Project Fund Project $676,515.00 $250,000.00 $926,515.00 $853,714.41 $72,800.59 Total TO Fund/Account/Centers FROM Fund/Account/Centers 3) C212 488100 803490221880 $250,000.00 1) C210 541200 803490221880 $335,575.70 3) C212 541200 803490221880 $250.000.00 1) C212 541200 803490221880 $250.000.00 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Scott E. Penn (5750) FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF NORTH Z. BOAZ PARK— PHASE II (DOG PARK IMPROVEMENTS) City Project No. 02218 DOE No. Betsy Price David Cooke Mayor City Manager Richard Zavala Director, Parks and Community Services Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Parks and Community Services Department 2015 BP WETTr BEWF-P PARTNERS 500 West 7th Street, Suite 1400 Fort Worth,Texas 76102 817.335.4991 1 www.bbptx.com FORT WORTHc,, City of Fort Worth .......... Standard Construction Specification Documents Adopted September 2011 FORT WO RT H(XI City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00- I STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS Pace I of-1 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Stonm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 7719 Closeout Requirements 01 7823 Operation and Maintenance Data CITY OF FORT WORTH %ORTff 7. ROAZ P.4RK- PHASF 11(D02 Park Improvements) STANDARD CONSIRUCI[ON SPECIFICATION DOCUMENTS I Revised November 22.201 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 01 7839 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02-Existing Conditions 0241 13 Selective Site Demolition Division 03- Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 04—Masonry 04 22 00 Concrete Unit Masonry 0443 13.13 Anchored Stone Masonry Veneer Division 26-Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 -Earthwork 31 1000 Site Clearing 31 23 16 Unclassified Excavation 31 2400 Embankments 31 2500 Erosion and Sediment Control Division 32-Exterior 32 01 29 Concrete Paving Repair 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 82 00 Landscape Irrigation Systems 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 33-Utilities 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 17 Concrete Collars 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling CITY OF FORT WORTH NORTH Z.BOAZ PARK—PHASE 11(Dog Park Improvements) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I Revised November 22,2013 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 05 30 Location of Existing Utilities 33 11 05 Bolts. Nuts, and Gaskets 33 12 11 Larue Water Meters 33 12 25 Connection to existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 4600 Subdramage 33 4602 Trench Drains 33 4920 Curb and Drop Inlets 33 4940 Storm Drainage Headwalls and Wingwalls Division 34-Transportation 3441 30 Aluminum Signs 34 71 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://prowectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Appendix GC-4.02 Subsurface and Physical Conditions—Geotechnical Engineering Report GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination END OF SECTION CITY OF FORT WOR-H \ORTHZ.BO.AZPARK PHASE II(Doe Park ImproNcmcnts) STANDARD CONSTRUCTION SPI VI I KATION DOCUMFNI S I Revised November 22.2013 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/16/2015 — Ordinance No.21780-06-2015 DATE: Tuesday,June 16, 2015 REFERENCE NO.: C-27352 LOG NAME: 80NZ BOAZ DOG PARK SUBJECT: Authorize Execution of a Construction Contract with Raydon,Inc.,in the Amount of$585,575.70 for Construction of Dog Park Improvements at North Z. Boaz Park,Provide for Administration and Contingencies for a Total Project Cost of$615,575.70,Authorize Acceptance of a Monetary Donation from the Amon G.Carter Foundation in the Amount of$150,000.00 and from the Fort Worth Chamber Foundation, Inc., in the Amount of$100,000.00 and Adopt Appropriation Ordinance(2014 BOND PROGRAM) (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: L ,Authorize the City Manager to execute a constrUCtion cotxtract with Raydon, Inc., in the amount of $585,575.70, for the construction of dog park improvements at North Z. Boaz Parr; 2- Authorize the acceptance of$250,Of]0_(7t) in monetary donations from the Anion G. Carter Foundation and the Fort Worth Chamber Foundation. Inc.; and 1 Adopt the attached appropriation ordinaacc increasing estimated receipts and apprupriations in the Special Donations Capital Projects Fund in the amount of$250,000.00 For the purpose of funding dog ]Sark intprovenietits at North Z_ Boaz Park, DISCUSSION: The pose of flus Mayor and Council Comr4i rs to a y eager to execute a cots�onanct with Raydon,Inc,,m the a � � 5 74 f ravet?ttents at North Z�3aak`Thsa NI&C als+a authrii�t� ryy tl�l � n cif the Irt C3ctor x01� the.Parks and Comnnunt ',; t=-�A ��a�craispg Agrect t�?v tlt Itgrs,Judy Needham fbr the R aiding private on the City that woWd b lev raged with 2014 Bond Funds %l ve dpm rit of the ding park associated ed "Boaz Park The dog parr Ist ecns�sts erten em+�titsini.tlie base n t feA-ing;irrigation,turf,etc.)ta' al amenities(dcrg faun' stract� ;abstat le qoluLrisr eta�s v N 4m- et with Amon G. Carter Fo�n ti+ n representatives ort Mxi" &de utans tis dismiss their possxbla,p4i6cipation in the City's dog park pir ,!ict_In November 2014,tie�b �atIon Board approved a dcz tattonRto the City in the amount of 150, .( in support of the impr, e�? �'gat North'.Zr ,Boaz Dog. Park Acceptance of the donation was endorsed4by the, he Parks and oanmuntt a e Advisory Board on January'Z$ 2015. In May of 2015,the City wasduformed that an additional,'L 'M '0000 donation would be made for"impmvements at the dog park by the Fort Worth Chamber Foundati, etc.,made possible by a gift from the Ciimmunifies Foundation of North Texas.On May 27,2015,the Parksp ..Gammunity Services Advisory Board-approved a mouton to recommend acceptance cif die donation. Upcm approval of this City Council action. the total donation amount of$250,0(X)-(X)will be accepted by the City. On April 2, 2014, (M&C C-26745) the City Council authorized the City ManagQr to enter into an Interlocal A-,rec men t in the, amount not to exceed S I 65JW.W with"Carman[ County For the rei rnburt�erntm t of materials, Mid equipment Casts as Ociated with the exca vat iorl, base preparation, sub—base preparation and FFIMACYA.sphalt paving portion,of the parking lot project_ Since the County does not perform concrew work, it was necessary for the City to bid out the reTnal niag prnject items associated with parking lot construction. On July 15, 2014, (M&C C-26850) the City Counei I authorized the execution of a construction contract with Raydon, Inc-, in the amount of$90,699,62 for parking lot and roaidway ioppaivement;5 at North Z. Boaz Park. AsscK_--1atM desigulconstruction adminigumfion, inspection, testing and change order contingency futiding totaled$10,000.00. Ph Vate ((L1Idr,TL,;irIg e(form ccclatin veal (or(he de�valoprrnurrf of(ITc dog park-and the City secared ptria loan professional engineering w_,Mces from Bennett Benner Partner:; for the prqtaration ff design and construction ducarnents for ftneing, irrigation, lighting, flatwiprL- masonry entrance and grassing.C North Z Boaz Park improvements costs are as fuftows- DesLriplion iiniount Design S0.00 Tarrant County In I-erloc a] 5165,M).00 Agreement Parkins, Lot & Roadwav $90,099.62 Improvement Construction Dog Park Improvement $585,575.70 Construction contingena $40,MOM0 Total nyiecs Cost $881,275.32 Phase H of the project was advertised for bid in the For( WQrtb �tar—Tel' �m on April 16, 2015 wid Aprd 23,2015. On May 7,2015, the following. bids were received-. Bidders LOMM B&AIrernak Lt If Raydon, Inc. $512.661.70 _$72,914M S585.575_70 Cole Construction $757,351-00 $86,000M $843,351-00 .C. Greenscaping P801.399.20 F108,7W,00 r2910,099_20 The Basle Bid w ofk is to i nc I Lide_q i te preparation. d e mol it i(71 ti, preparation of Storm Water Fol In I ion Prevention Plari,crosiun contri-t1l. traffic control,concrete Lasko and gulter, cuncreve sidewalk, fine grading,, grassing of disturbed ;areas, fencing, irrigation and fighring. Bid Alternate is to pvrforrn niediav mc)dification ori Camp Bowie Boti I awvd along the sooth bouadary of the park adjacent to the new parking lot puNuatnt to TxDOT approved permit. It is recommended that the Base Bid in the amount of$512.661.70 and Bid Alternate No. 2 in the amount of $72,914,00, touding $585,575.70, as submitted by Raydon,Inc.. l approved for award of contract.The contract period is 90 calendar days. Associated design/consitruefion administration, inspection, testing and change: order contingency funding totals $30.000M, in compliwwo with the City's Business Diversity Ordinance e by MAVBE OFFICE minus: Raydon, Inc., is C committing to 15 percent MBF.participation on the PACSi7 b-ise hid price only,The,City's MBE goal on this base bid contract is 14 percent. This project is included in the 2014 Bond Program. Available resources within the General Fund will be used 1P provide interim f7i n anc i ng until debt is i-,,;ued. Once debt its so6ated with this project,is sold, bond proeve(k will reimburse the neral,Fund in accordance with the state q, pr� bittd-Reimburse that was adopted as part of the ordinance canvassing the bottcl elf anc��o, . Z I241&_rniaus;05&ninus,201hj. Th e trnpat t on the annual operating budget will be$59,139()tl th of this project.. ��ti��ats anti;�ipated ttr commence in August 2015 am �r�� ber 215 . .: � •ya yap g✓ � x m 3 FISCAL INFORMATION: The Financial Mana ernent Services Director certifies that appropriations are included in the R' cal Year 21315 Adopted Budget of the 2014 Bond Program pursuant to Ordinance n_ 21457-09-2014 and funds are ataalhible in the General Fund to pay expenses which wili be incurred oil theNorth Z. Boaz Park Improve mems Project Until reimbursement cati occur from the issuance of public securities and subject to receipt of the funds, and adoption of the;appropriation ordinance, funds will 1-A-- available as appropriated, of the Special. Donations Capital PFOject Fund and 2014 Bond Program Fund. Available funding is shown below: {u nd Existing Additional Too d To Date Projected Remaining EY2015 pprrapriations Appropriations Encumb.1FLYpendiffire flalance lYx riations 014 $500,000.00 $ 0.00 $500,000,00 W0,54152$59,456,48 Bond Prograin unci Parks Gx $176,515,N) $0.16[1 $176.515.00 $163,170.59 13.344.T 1 Lease Capital Project Fund peeial $O.00 $250,000,00 $250,000,00 5250,000,00 $ OM Donation Capital Project kind Project $676,51-5.01 $250, 0.00 $926,515.00 $853,714.41 72,800.59 Total FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 3)C212 488100 803490221880 $250,000.00 1)C210 541200 803490221880 $335,575.70 3)C212 541200 803490221880 $250.000.00 1)C212 541200 803490221880 $250.000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Scott E. Penn (5750) ATTACHMENTS 1. 80NZ BOAZ DOG PARK C212 A0152.docx 2. Boaz — Site Plan— v8FINAL 3-18-14. df 3. Carter Donation — Letter from RZ 1-5-15.12df 4. FAR.PDF 5. MBE Compliance Memo 5-20-15.12df 6. SAM Report.pdf FORTWORTH® ADDENDUM #1 North Z. Boaz Park—Phase II (DOG PARK) Improvements May 4, 2015 TO ALL BIDDERS: Please attach to your specifications.This addendum is hereby made a part of the Contract Documents and is issued to modify,explain or correct the original drawing and/or project manual. CONSTRUCTION DRAWINGS 1. Fencing Details — Replace fencing detail 1 on sheet A-202 with the City's standard fencing details attached and made part of this addendum. PROJECT MANUAL NO CHANGES END OF ADDENDUM#1 Bid Opening date: May 7, 2015 i Acknowledge receipt ofthi aciclenckjm on your Bid Proposal. Y By: Signature: Print Name: Title: � Qr�N TI1t a �a °� PARKS AND COMMUNITY SERVICES DEPARTMENT THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, Sum.. 2200 * FORT WORTH, Texas 76115-1499 817-392-PARK * FAx 817-392-5724 Printed on recycled paper §\ . qld ge NOiion1diSNOO a:R»eo ppppX'ppxxX'xxxp ga@5 &mm:avgGa / °#� \ /S. \�} :±V S±N3A3AOBdAlM31=1U3000S \ f / ) )! ! LLLd Id \ z (; ° ƒ § / j2 J - E / / r = m , \ \ � � � � \ \ \ ° § \\/ + \ / \ \ \ \ \ < ; i � ( < ° r c , 0 0 v � \. . «. � � . - � §, ui . / < k \/ ® . , z . }\/ < ;(\ § ({�` : \ § . \ `\ \ ; � \j FORTWORTH. ADDENDUM #2 North Z. Boaz Park—Phase II (DOG PARK) Improvements May 5, 2015 TO ALL BIDDERS: Please attach to your specifications.This addendum is hereby made a part of the Contract Documents and is issued to modify,explain or correct the original drawing and/or project manual. CONSTRUCTION DRAWINGS NO CHANGES PROJECT MANUAL 1. Bid Proposal—added line item 3123.0101 Unclassified Excavation/Grading per plan. Please use this proposal line item for costs associated with limited plan grading and small pond excavation,as well as all excavation necessary for boulder placement at existing pond and new pond. 2. Bid Proposal—added line item 9999.0006 and 9999.0007;45 mil EPDM pond liner and underliner for new pond in small dog area. END OF ADDENDUM#2 Bid Opening date:May 7,2015 Acknowledge receipt of is addenduon your Bid Proposal. By: Signature: Print Name: Title: s coey 3° v 4y 4. r _ RAS PARKS AND COMMUNITY SERVICES DEPARTMENT THE CITY OF FORT WORTH * 4200 SOUTH FREEWAY, SUITE 2200 * FORT WORTH, TEXAS 76115-1499 817-392-PARK * FAx 817-392-5724 ...Printed on recycled paper 00 42 43 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Specification Price Bid Value No. Section No. Measure Quantity o -1:SITE WORK 3123.0101 Unclassified Excavation/Grading per Plan 31 23 16 LS 241.0100 Remove Sidewalk(sheet A-101) 0241 13 SF 19521 3213.0301 4"Conc Flatwork(sheet A-102&A-201) 32 13 20 SF 12464 3231.0301 4'Gate,Steel(sheet A-102&A-202) 3231 26 EA 4 3231.0302 6'Gate,Steel(sheet A-102&A-202) 3231 26 EA 4 9999.0001 Erosion Control(sheet L-102) LS 1 9999.0002 SWPPP(contractor to provide&perform Insp.) LS 1 9999.0003 Sch.40,6'high galv. Fence with top and bottom rail; LF 3650 less fabric(provided by City)(reference 1/A-202) 9999.0004 Masonry Structural Wall to include structure and all LF 15 materials noted reference 6/A-202, VS1.01, 3/S1.01 9999.0005 Masonry Column Wall to include structure and all EA 4 materials noted reference 3/A-202, 1/S1.01,4/S1.01 9999.0006 45 mil EPDM Pond Liner SF 3175 9999.0007 Pond Underliner SF 3175 9999.0008 River rock material(sheet A-102&A-201) CY 120 9999.0009 Limestone boulders(sheet A-102&A-201) TON 200 9999.0010 Crushed limestone(sheet A-102&A-201) CY 450 9999.0011 Geowoven fabric(sheet A-102&A-201) SY 845 9999.0012 Import fill,common earth(sheet A-102) CY 800 9999.0013 Seeding, Hydromulch for all disturbed areas LS 1 9999.0014 5"thick concrete mow strip(sheet A-102&A-202) LF 3650 9999.0015 5"thick concrete edge for limestone area(sheet A-102& LF 869 A-201 UNIT 2:IRRIGATION(refer to sheet L-101&L-102) 9999.0016 Irrigation,60'dia. rotary head @ 40'oc EA 275 9999.0017 Motorola controller(sheet L-101) EA 1 9999.0018 Main Line-Sch.40 LF 2760 9999.0019 Lateral lines-Class 200 PVC LS 1 9999.0020 Quick coupling valves EA 5 9999.0021 Double check valve assembly EA 1 9999.0022 Hydrometer EA 1 9999.0023 Electric remote control valve EA 39 9999.0024 2"Double backflow preventor EA 1 9999.0025 Rain/Freeze sensor EA 1 UNIT 3:ELECTRICAL(refer to sheets E0.01,E1.01,E1.02, E8:01) 9999.0026 Electrical,all necessary material to complete lighting and LS 1 9999.0027 Electrical service,coordinate with Oncor for primary LS service drop in park 1 GENERAL 9999.0028 Construction Allowance LS 1 $ 20,000.00 $20,000.00 BID ALTERNATES CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Form Addendum 2-5.3-13 z1s 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Measure Quantity Unit Price Bid Value 9999.0029 Alternate#1: Inplace of seeding use soild sod(sheet A- LS 1 102) 9999.0030 Alternate#2:Median renovations of Camp Bowie LS 1 sheets SB2-1 through SB2-18 Bid Summary Base Bid UNIT 1:SITE WORK UNIT 2: IRRIGATION UNIT 3: ELECTRICAL/LIGHTING Total Base Bid Alternate Bid ALTERNATE#1 -SOD LIEU OF SEEDING(9999.0011) ALTERNATE#2-CAMP BOWIE MEDIAN RENOVATION Total Alternate Bid l'ot l l llid END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Form Addendum 2-5-3-15.xis 001113- 1 INVITATION TO BIDDERS Pane 1 of-2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of North Z. Boaz Park— Dog Park Improvements(Phase II) will 5 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 12 until 1:30 P.M. CST,Thursday, May 7, 2015 and bids will be opened publicly and read aloud at 13 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate) following: Construction of base elements 17 associated with a Dog Park at North Z. Boaz Park, Concrete flatwork— pedestrian, Fencing, 18 irrigation, boulder/rock placement—pond edge, turf establishment and security lighting. 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City at the time of bid opening. The procedures for qualification and pre- 23 qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at http://www.fortworthgov.orgipurchasing/v.orgipurchasing/and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 29 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 30 suppliers. 31 32 Any reproduction of Bidding and Contract Documents needed for formulation of bid is the sole 33 responsibility of the contractor. All contract documents are available on City's buzzsaw site 34 (above) and are to scale. 35 36 PREBID CONFERENCE 37 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 38 BIDDERS at the following location, date, and time: 39 DATE: April 28, 2015 40 TIME: 9:00 A.M. 41 PLACE: LeGran Plaza/Town Center 42 4200 S. Freeway, Suite 2200 43 LOCATION: Conference Room 42 44 45 46 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 47 City reserves the right to waive irregularities and to accept or reject bids. 48 CITY OF FOR F WORTH NORTH Z. BOAZ PARK— DOG PARK IMPROVFMFN IS STANDARD CONSTRUCTION SPECIFICATION DOCI iN11_NTS 02218 Re%iced Jule 1.2011 00 1113-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Scott E. Penn, City of Fort Worth 4 Email: scott.penn@fortworthtexas.gov 5 Phone: 817.392.5750 6 AND/OR 7 Attn: Amy Brooks, Bennett Benner Partners 8 Email: abrooksgbbptx.com 9 Phone: 817.335.4991 10 11 ADVERTISEMENT DATES 12 April 16,2015 13 April 23,2015 14 15 END OF SECTION CITY OF FORT WORTH NORTII Z.BOAZ PARK—DOG PARK IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMLN'I'S 02218 Revised.luly 1.2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00 -GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided) makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified (even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Roadway and Pedestrian Lighting— Requirements document located at; 41 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%20Doc uments/Contractor%20Prequalificat ion/TP W%20Paving 43 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 47 48 CITY OF FORT WORTH North Z Boaz Community Park—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCtiMEN TS PACS/02218 Revised November 27.2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 2 seven (7)calendar days prior to Bid opening, the documentation identified in Section 00 3 45 11, BIDDERS PREQUALIFICATIONS. 4 5 3.2.1. Submission of and/or questions related to prequalification should be addressed to 6 the City contact as provided in Paragraph 6.1. 7 8 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 10 bidder(s)for a project to submit such additional information as the City, in its sole 11 discretion may require, including but not limited to manpower and equipment records, 12 information about key personnel to be assigned to the project, and construction schedule, 13 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 14 deliver a quality product and successfully complete projects for the amount bid within 15 the stipulated time frame.Based upon the City's assessment of the submitted 16 information,a recommendation regarding the award of a contract will be made to the 17 City Council. Failure to submit the additional information, if requested,may be grounds 18 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 19 notified in writing of a recommendation to the City Council. 20 21 3.4.In addition to prequalification, additional requirements for qualification may be required 22 within various sections of the Contract Documents. 23 24 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 25 26 4.1.Before submitting a Bid,each Bidder shall: 27 28 4.1.1. Examine and carefully study the Contract Documents and other related data 29 identified in the Bidding Documents(including "technical data"referred to in 30 Paragraph 4.2. below).No information given by City or any representative of the 31 City other than that contained in the Contract Documents and officially 32 promulgated addenda thereto, shall be binding upon the City. 33 34 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 35 site conditions that may affect cost, progress, performance or furnishing of the 36 Work. 37 38 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 39 progress, performance or furnishing of the Work. 40 41 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 42 contiguous to the Site and all drawings of physical conditions relating to existing 43 surface or subsurface structures at the Site(except Underground Facilities)that 44 have been identified in the Contract Documents as containing reliable "technical 45 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 46 at the Site that have been identified in the Contract Documents as containing 47 reliable "technical data." 48 CITY OF FORT WORTH North Z Boaz Community Park—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PACS/02218 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents*ust as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.6. Perform independent research, investigations, tests, borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations,tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations,tests and studies. 17 18 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation, research,tests,explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00— Supplementary Conditions for identification of: 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general infonnation only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures(except Underground Facilities) which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH North Z Boa/Community Park—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMF:N"I'S PACS/02218 Revised November 27.2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without I l exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques, sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents, (iii)that Bidder has given City written notice of all 15 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way,easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH North Z Boaz Community Park—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PACS/02218 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Paee 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth, TX 76102 14 Attn: Scott Penn, Parks 15 Fax: 817.392.5724 16 Email: scott.pennWortworthtexas.gov 17 Phone: 817.392.5750 18 19 20 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 21 City. 22 23 6.3.Addenda or clarifications will be posted via Buzzsaw. 24 25 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 26 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 27 Project. Bidders are encouraged to attend and participate in the conference. City will 28 transmit to all prospective Bidders of record such Addenda as City considers necessary 29 in response to questions arising at the conference. Oral statements may not be relied 30 upon and will not be binding or legally effective. 31 32 7. Bid Security 33 34 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 35 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 36 the requirements of Paragraphs 5.01 of the General Conditions. 37 38 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 40 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 41 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 42 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 43 other Bidders whom City believes to have a reasonable chance of receiving the award 44 will be retained by City until final contract execution. 45 46 S. Contract Times 47 The number of days within which, or the dates by which, Milestones are to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF FORT WORTH North Z Boaz Community Park—Phase I STANDARD CONSTRUCTION SPECIFICA"LION DOCUMENTS PACS/02218 Revised November 27.2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract, if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts.A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate.The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 24 opening date. The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required. All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH North Z Boaz Community Park—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PACS/02218 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner, whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number, Project title, the name and address of Bidder, and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids. After all Bids not requested for withdrawal are 43 opened and publicly read aloud, the Bids for which a withdrawal request has been 44 properly filed may, at the option of the City. be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTI l North Z Boaz Community Park—Phase I STANDARD CONSTRUCTION SPECIFICATION DOC(IMI:N IS PACS/02218 Revised November 27.2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders, Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs, maintenance requirements, performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications, and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 49 17.4. Contractor shall perform with his own organization, work of a value not less than 50 35%of the value embraced on the Contract, unless otherwise approved by the City. 51 CITY OF FORT WORTH North Z Boaz Community Park—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PACS/02218 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 I 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 2 responsive Bidder whose evaluation by City indicates that the award will be in the 3 best interests of the City. 4 5 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 9 comparable contract in the state in which the nonresident's principal place of 10 business is located. 11 12 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 13 to be awarded, City will award the Contract within 90 days after the day of the Bid 14 opening unless extended in writing. No other act of City or others will constitute 15 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 16 the City. 17 18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 19 20 18. Signing of Agreement 21 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 22 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 23 Contractor shall sign and deliver the required number of counterparts of the Agreement to 24 City with the required Bonds, Certificates of Insurance, and all other required documentation. 25 City shall thereafter deliver one fully signed counterpart to Contractor. 26 27 28 29 END OF SECTION CITY OF FORT WORTH North Z Boaz Community Park—Phase I STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS PACS/02218 Revised November 27.2012 00 35 13 BID FORM Page 1 of 9 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. hftp://www.ethics.state.tx.us/forms/CIQ.pd hftp://www.ethics.state.tx.us/forms/CIS.pd CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Company Name Here t By: Printed Name Here Address Here 1,71 Signature: Address Here or Space �C ` 'C `3� TY City, State Zip Code Here Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Form FINAL 4-15-2015.x1s 0041 00 BID FORM Page 2 of 9 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: North Z Boaz Community Parl -Phase II City Project No.: PACS/02218 Units/Sections: Unit#1 - Site Work Unit#2- Irrigation Unit#3-Electrical/Lighting Bid Alternates 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal-FINAL 4-1-2015 xls 0041 00 BID FORM Page 3 of 9 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. List work type here or space �4c.e��-"�. b. List work type here or space-r-'r o c. List work type here or space d. List work type here or space 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 days days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. S. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Forth FINAL 4-15-2015.)ds 004100 BID FORM Page 4 of 9 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 delete> $0.00 delete> #REF! delete> #REF! Total Bid $0.00 7. Bid Submittal This Bid is submitted on " nth Day,Year by the entity named below. Respe Ily submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: I Addendum No.4: (Printed Name) Title: Title Here ikja m" Company: Ccmpariy Name Here'�"J JaA ,. Corporate Seal: Address: Address Here `}+ 416 -7f Address Here or Space City.State Zip Code Here State of Incorporation: State Here Email: Your Email Address Here raLle 00% Phone: Your Phone Number Here )-7- - END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 Bid Proposal Forth FINAL 4-15-2015.)ds 00 42 43 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. DescriptionSpecification No. Measure Quantity Unit Price Bid Value UNIT 1:SITE WORK 3123.0101 Unclassified Excavation/Grading per Plan 31 23 16 LS ' wco LZX� 241.0100 Remove Sidewalk(sheet A-101) 0241 13 SF 19521 7 O Z. 3213.0301 4"Conc Flatwork(sheet A-102&A-201) 32 13 20 SF 12464 t (�Z 3231.0301 4'Gate,Steel(sheet A-102&A-202) 3231 26 EA 4 3231.0302 6'Gate,Steel(sheet A-102&A-202) 32 31 26 EA 4 9999.0001 Erosion Control(sheet L-102) LS 1 ?J. -- 9999.0002 SWPPP(contractor to provide&perform Insp.) LS 1 9999.0003 Sch.40,6'high gals.Fence with top and bottom rail; LF 3650c� less fabric(provided by City)(reference 1/A-202) 1 S, 9999.0004 Masonry Structural Wall to include structure and all LF 15 mn Z-1 W` materials noted reference 6/A-202, 1/S1.01,3/S1.01 9999.0005 Masonry Column Wall to include structure and all EA 4 materials noted reference 3/A-202, 1/S1.01,4/S1.01 9999.0006 45 mil EPDM Pond Liner SF 3175 J,I CJ 1C)LZ81 9999.0007 Pond Undediner SF 3175 ,. !o . 9999.0008 River rock material(sheet A-102&A-201) CY 120 1717 `v 9999.0009 Limestone boulders(sheet A-102&A-201) TON 200 �` CXD0 -- 9999.0010 Crushed limestone(sheet A-102&A-201) CY 450 2 - UD 000f- 9999.0011 Geowoven fabric(sheet A-102&A-201) SY 845 _ 9999.0012 Import fill,common earth(sheet A-102) CY 800 "= 9999.0013 Seeding,Hydromulch for all disturbed areas LS 1 / -- 10 9999.0014 5"thick concrete mow strip(sheet A-102&A-202) LF 3650 9999.0015 A-201 k concrete edge for limestone area(sheet A-102& LF 869 UNIT 2:IRRIGATION(rOw to sheet L-101&L-14M 9999.0016 Irrigation,60'dia.rotary head @ 40'oc EA 275 Z AV - 9999.0017 Motorola controller(sheet L-101) EA 1 le 7 - 9999.0018 Main Line-Sch.40 LF 2760 9999.0019 Lateral lines-Class 200 PVC LS 1 100-77,-- 9999.0020 00-7 --9999.0020 Quick coupling valves EA 5 Zi ZZ 9999.0021 Double check valve assembly EA 1 , >� 9999.0022 Hydrometer EA 1JZ3,Z, 23Z - 9999.0023 Electric remote control valve EA 39 7A , 9999.0024 2"Double backflow preventor EA 1 , 9999.0025 Rain/Freeze sensor EA 1 S y UNIT 3:ELECTRIOAL(refer'to stleafs E0.01,E1.01,E1.02, E6.01) 9999.0026 Electrical,all necessary material to complete lighting and LS 1 9999.0027 Electrical service,coordinate with Oncor for primary LS service drop in park 1 GENERAL 9999.0028 Construction Allowance LS 1 $ 20,000.00 $20,000.00 BID ALTERNATES CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revved 20120120 Bid Proposal Form Addendum 2-5-5-15.xIs 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity Alternate#1: Inplace of seeding use soild sod(sheet A- rrr eel9999.0029 102 LS 1 ��jt — ))gt\zo•— 9999.0030 Alternate#2:Median renovations of Camp Bowie c>^ `L oc� LS 1 sheets S132-1 through S62-18 -- Bid Summary Base Bid UNIT 1:SITE WORK — i S UNIT 2: IRRIGATION Mb 2s )Dr UNIT 3:ELECTRICAL/LIGHTING Zfk-V-tU--c-�, Z0,4:YX Tots Base Bid 7d Alternate Bid ALTERNATE#1 -SOD LIEU OF SEEDING(9999.0011) 1 lgqzo--- a �- ALTERNATE#2-CAMP BOWIE MEDIAN RENOVATION — Z 4, _Cl Total Alternate Bid 33 Total Bid END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Form Addendum 2-5-5-15.x1s 00 43 13 BID BOND Page 7 of 9 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and(Surety Name) i a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the 964 sum of Baa} <r ,.. .. Yw_.i_d E. and No/100 Dollars ($ MOM), the payment of which sum ll be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as North Z Boaz Community Pari-Phase II NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing With the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2015. By: Company Name Here (Signature and Tide of Principal) (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110827 Bid Proposal-FINAL 4-1-2015.xis 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 8 of 9 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders(out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank, our principal place of business, are required to be %Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank,our principal place of business, are not required to underbid resident bidders. B. The principal place of business o our company or our parent company or majority owner is in the State of Texas BIDDER: Company Nam ere y: Printed a e Here Address Here Ap Address Here or Space pMkZx--Ciye11 (Signature) City, State Zip Code Here —764Z� J, T Title�ffitle Date: T�J END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Bid Proposal Form FINAL 4-15-2015.)ds 00 45 12 BID FORM Page 9 of 9 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date List work type here or space Company Name Here or space Date Here or space List work type here or space Company Name Here or space Date Here or space CVZ4V.- �1 L 4��� Is-L' t work type here or space Company Name Here or space Date Here or space List work type here or space Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here ,�.�-� : Printed ai e Here Address Here 90 107 Address Here or Space :Bp��r lDcf;- X (Signature) City, State Zip Code Here Ti4e: Title Here -00 Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Form FINAL 4-15-2015.)ds 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 02218 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 �C.... By: J1�1��1 ceryl l 12 Compan3l, �,T �] lease Pr' ) 13 ��>s LC ` 14 Signature: 15 Address 1 17 h �� Title: 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 r1�,� ,known to me to be the person whose name is 27 su scribed to the fore oing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of o•. for the purposes and 29 consideration therein exl1ressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this T ' ' day of 32 4, 20(� 33 34 35 36 Notary is in and for the State of Texas 37 38 END OF SECTI 39 JOHN ERIC 6l1ERRERO N otpry public,Stote at texas - My Commission s Ex p it March 11 ® 2018 CITY OF FORT WORTH NORTH Z.BOAZ PARK—DOG PARK IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02218 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 13% of the total bid (Base bid applies to Parks and 16 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 17 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive.Any questions, please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a datehime receipt. Such receipt shall be evidence that the City received the 36 documentation in the tune allocated. A faxed opy will not be aece ted. 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 erform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH North Z Boaz Park—Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PACS/02218 Revised December 20,2012 00524-1-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on June 16, 2015 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and Raydon, Inc., authorized to do business in Texas, acting by and through its duly 7 authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 North Z. Boaz Park—Phase lI 17 City Project No. 02218 18 Article 3. CONTRACT TE%IE 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 90 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City Six Hundred Fifty and no/100 dollars ($650.00) for each day that expires after the 34 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 35 of Acceptance. - OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH North Z.Boaz Park—Phase If STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised November 09,2011 August 17,2012 005243-2 Agreement Page 2 of 4 36 Article 4.CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Five Hundred Eighty-Five Thousand,Five Hundred 39 Seventy-Five and 70/100 Dollars($585,575.70). 40 Article 5.CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project speck) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 NN CITY OF FORT WORTH North Z.Boaz Park—Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised November 09,201 IAugust 17,2012 005243-3 Agreement Page 3 of 4 75 Article 6.MEMNII'ICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other parry hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, TexaLai- istrict Court for the 115 Northern District of Texas,Fort Worth Divisi T'OFFICIAL RECORD CITY SECRETARY FT.WORTtMI TX CITY OF FORT WORTH North Z.Boaz Park—Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised November 09,2011 August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date'). 128 Contractor: City of Fo B : Susan Alanis By: i41-1t. Qssistant City Manager (Signa e) -11,rz" Date '711 -71 1-1 Attest: (Printed Name) City Secre / Q - (Seal) �,, Title: o Address: M&c L- Z �3 5;-Z- X000000 Date: City/State/Zip::d,& eAezu/j«TT,, J4var Approved as to Form and Legality: Date Douglas W.Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 Kca(p 135 Ri and Zavala 136 DfRECTOR 137 Parks and Community Services 138 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH North Z.Boaz Park—Phase II STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised November 09,2011 August 17,2012 0061 13-1 PERFORMANCE BOND Page I of 2 Bond No. S916-8745 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALI,BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Raydon Inc. known as "Principal" herein and 9 Washington International Insurance Company , a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, FIVE HUNDRED 13 EIGHTY-FIVE.THOUSAND,FIVE HUNDRED SEVENTY-FIVE AND 70/100 DOLLARS 14 ($585,575.70), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 16 executors,administrators,successors and assigns,jointly and severally,firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 18 16th day of June, 2015 which Contract is hereby referred to and made a pari hereof for all 19 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 20 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in 21 said Contract designated as North Z. Boaz Park—Phase II,City Project No. 02218. 22 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 24 faithfully perforin it obligations under the Contract and shall in all respects duly and faithfully 25 perform the Work, including Change Orders, wider the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 'Tarrant 30 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth 31 Division. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 33 Government Code, as amended, and all liabilities on r ' ed in accordance 34 with the provisions of said statue. OFFICIAL RECORD CITY OF FORT NORTH CITY SECRETARY North Z.Bou?Park Phase H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS �'I'� WORTM TX City Project No.02218 Revised Jule 1,2011 f 0061 13-2 PERFORMANCE,,BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and the Surety have SIGNFD and SEALED 2 this instrument by duly authorized agents and officers on this the_ 29th day of_ 3 June 2015 4 PRINCIPAL: 5 don, Inc. 6 -- -............ .... 7 8 BY: 9 Signatur 10 A 11 12 Darrell Shortes, President —----- --...................................-_-.._._ 13 (Principal)Secretary Name and Title 14 I S � Address: PO Box 671 16 _._..._....._._ 17 / 2.. . _ I8 19 Witness asto Prnncipal - -�- 20 SURETY: 21 Washinqton International Insurance Company 22 23 24 BY: 2S Signa e tV 26 27 Kevin J. Dunn,Attorney-In-Fact 28 Name and Title 29 30 Address:475 N Martingale Rd.. Suite 850 31 Schaumburg, IL 60173 32 33 — -- 34 itness as tor Telephone Number:(800)338-0753 35 36 37 38 *Note: If sighed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX CrrY Of FORT WORTH North L.Boaz Park—Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised July 1;2011 006114-1 PAYMFNrDOND Page 1 of 2 Bond No. S916-8745 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Raydon, Inc., known as "Principal' herein, and 8 Washington International Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or snore), are held and firmly bound unto the City of Fort Worth, a municipal I I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of FIVE HUNDRED EIGHTY-FIVE THOUSAND, FIVE HUNDRED 13 SEVENTY-FIVE AND 70/100 DOLLARS ($585,575.70), lawful money of the United States, 14 to be paid in Fort Worth,Tarrant County, Texas, for the payment of which sum well and truly be 15 made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and 16 severally,firmly by these presents; 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 16th day of June, 2015 which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as North Z.Boaz Park—Phase II,City Project No. 02218. 22 NOW, THEREFORE, THF CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under 25 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect, 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH North Z.Boaz Park—Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 29th day of 3 June —,20 15 4 PRINCIPAL: Ra n, Inc. ATTEST: BY:J , . S gnature Darrell Shortes, President (Principal)Secretary - Flame and Title Address: PO Box 671 / Breckenridge- TExac 764?4 Witness as to P ncipa w SURETY: Washington International Insurance Company AT'T'EST: BY4gpnature/ Kevin J. Dunn,Attorney-In-Fact (Surety) Secretary Name and Title Address: 475 N Martingale Rd., Suite 850 i Schaumburg IL 60173 Ns as t0 S6111-0 e --- Telephone Number: 800 338-0753 5 6 Note: if signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. if Surety's physical 8 address is different from its mailing address,both must be provided. y 10 The date of the bond shall not be prior to the date the Contract is awarded. 1 l END OF SECTION OFFICIAL RECORD 12 CITY SECRETARY FT. WORTH, TX CITY OF FORT R'OR7 fi North Z.Boaz('ark--Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,02218 Revised July 1,2011 006119-1 MAINTENANCE BOND Page 1 of 3 Bond No. S916-8745 1 SECTION 00 6119 2 MAINTENANCE.,BONI) 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Rayson, [tic., known as "Principal" herein and 9 Washington International Insurance Company , a corporate surety (sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of FIVE 13 HUNDRED EIGHTY-FIVE THOUSAND, FIVE HUNDRED SEVENTY-FIVE AND 14 70/100 DOLLARS ($585,575.70), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 17 and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 16th day= of June, 2015 which Conti-act is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as detined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein, the "Work") as provided for in said contract and 24 designated as North Z. Boaz Park—Phase II,City Project No.02218;and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any tune wit ntenance 33 Period. OFFICIAL RECORD 34 CITY SECRETARY FT.WORTH,TX CITY OF PORT WORTI I North Z.Boaz Park—Phnsc 11 STANDARD CONSTRUCTION SPFCIFICATiON DOC1T'VIEN US City Project No.02218 Revised July 1,2011 0061 19-2 MAINTFNANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shaII lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division;and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cfl'Y OF FORT IVORT11 North Z.Boaz Park....Phase IT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02218 Revised July 1.2011 0061 19-3 MAINTENANCE BOND Page 3 o£3 1 IN WITNESS'VYHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of 3 June 2015 4 5 PRINCIPAL: 6 R on, Inc. 7 8 9 BY: 10 Signature 11 A T: 12 13Darrell Shortes, President 14 (Principal)Sec_r ary � Name and Title 15 16 Address: PO Box 671 17 Breckenridge,Texas 76424 18 19 20 Witness as toliincipal 21 SURETY: 22 Washington International Insurance Companai 23 24 25 B�Aigna � 26 27 28 ',evin J. Dunn Attorney-In-Fact.... ..__ 29 ATTEST: Name and Title 30 31 Address: 475 N Martingale Rd., Suite 8.50 32 (S re )Secretary Schaumbua IL,.-601 73 33 _.. — 34 35 rt s as tor _ Telephone Number: (800)338-0753 36 37 *Nate: 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 ditTerent 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 R ICIAL RECORDY SECRETARY WORTH, TX CrrY OF FOR'r wORT1I North Z.Boaz,Park-Phase 11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,02218 Revised July 1,2011 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW Ai I,MEN BY THESE PRESENTS,TiIAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: W.LAWRENCE BROWN,TRACY TUCKER, KEViN J.DUNN and STEVEN TUCKER JOINTLY OR SEVERALLY its true and lawful Attorncy(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION(550,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International insurance Company at meetings duly called and held on the 9d'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company-. and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." .......... PRg j'� ': a1alIXlWYII/lylle ti0l/qZ! \2•GPOG`v (3y i�� O¢P0 �sG Ji SEAL :O n Steven P.Anderson,Senior Vice President of Washington International Insurance Company 2f SIL p w? 1973 ety &Senior Vice President of North American Specialty Insurance Company 14 By David 111.Layman,Vice President of Washington International Insurance Company { &Vice President of North American Specialty Insurance Company IN WiTNESS WHEREOF,North American Specialty insurance Company and Washington international insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June .2012 North American Specialty Insurance Company Washington International insurance Company OFFICIAL. RECORD State of IllinoisCITY SECRETARY County of Cook SS: FT. WORTHTX On this 26th day of June 2012,before me,a Notary Public personally appeared Steven P.A of Washington international insurance Company and Senior Vice President of North American Specialty insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICLkLSEAL" DONNA D.SKLENS Notary Public,State of Illinois Donna D.Sklens,Notary Public My Commission Expires I0/06R015 1, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty insurance Company and Washington International Insurance Company,do hereby certify that the above and foreeoing is a true and correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company,which is still in full force and effect. iN WITNF,SS WHEREOF,i have set my hand and affixed the seals of the Companies this 29th day of June 20 15 - Jeffrei(i�olld`berg,Vice President&Assist—mi Secretan of Washington Inlemalional Insurance Compam&North American Specialtv Insurance Company IMPORTANT NOTICE AVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jim Carpenter,Vice President- Puede comunicarse con Jim Carpenter,Vice Claims,at 1-800-338-0753. President- Claims, al 1-800-338-0753. You may call Washington International Insurance Usted puede llamr al numero de telefono gratis de Company and/or North American Specialty Washington International Insurance Company Insurance Company's toll-free number for and/or North American Specialty Insurance information or to make a complaint at: Company's para informacion o para someter una queja al: 1-800-338-0753 1-800-338-0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American International Insurance Company and/or North Specialty Insurance Company at the following American Specialty Insurance Company al: address: 475 N. Martingale Rd, Suite 850 475 N. Martingale Rd, Suite 850 Schaumburg,IL 60173 Schaumburg,IL 60173 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies, coverages, rights para obtener informacion acerca de companias, or complaints at: coberturas, derechos o quejas al: 1- 800-252-3439 1- 800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin,TX 78714-9104 Fax: (512) 475-1771 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: E-mail: ConsumerProtection(a)tdi.state.tx.us ConsumerProtection(a)tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium or Si tiene una disputa concerniente a su prima o a un about a claim you should first contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and/or North International Insurance Company and/or North American Specialty Insurance Company. If the American Specialty Insurance Company primero. Si dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comunicarse Department of Insurance. con el Departmento de Seguros de Texas. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not become Este aviso es solo para proposito de infromacion y no se a part or condition of the attached document. conve el documento adjunto. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX A�" CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ruby Kemp, ACSR CBS Insurance, LLP PHONE (325)695-0222 FAX o,(325)695-0228 3005 South Treadaway BlvdE-MAILAgpgEss.rkemp@cbsins.com INSURER(S) AFFORDING COVERAGE NAIC# Abilene TX 79602 INSURERA:Starr Indemnity 6 Liability 38318 INSURED INSURER B:Navl ators Insurance Co. 42307 Raydon, Inc. INSURERC:Hanover Insurance Company 2292 P. 0. Box 671 INSURERD:First Mercury Insurance Company 10657 300 FM 3099N INSURER E: Breckenridge TX 76424 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE A POLICY NUMBER MDDLSUBR MIDDY EFF MNOULDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 RENTED X COMMERCIAL GENERAL LIABILITY PREMIA E.occurrence) $ 50,000 A CLAIMS-MADE F_x1 OCCUR 1000090122151 1/1/2015 1/1/2016 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 D CGL000000327804 /1/2015 1/1/2016 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 A XANY AUTO BODILY INJURY(Per person) $ X ALL OWNED X SCHEDULED ISIPCA08282615 1/1/2015 /1/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 B X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED I I RETENTION$ P015EXC744154IV 1/1/2015 /1/2016 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETORIPARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ FICERIME OFMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Equipment Policy HDA516568-00 1/1/2015 1/1/2016 Rentedlleasedequipment 400,000 Per Item/Policy Limit 400,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,H more space is required) Z Boaz Dog Park Phase II The General Liability and Auto Liability policies include a blanket automatic waiver of subrogation endorsement that provides waiver of subrogation status to the cert holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability, 6 Auto Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the cert holder, its officers, employees and servants only when there is a written contract between the named insured and the cert holder that requires such status. CERTIFICATE HOLDER CANCELLATION (817)392-8092 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. OFFICIAL RECORD FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE CITY SECRETARY FT,WORTH TX Terry Riddle/RKEMP ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(9n1mF)M Tho Annpn n2ma 2nrl Innn nra ranieforarl m2rlra of Arnpn Additional Named Insureds Other Named Insureds Setrohs Enterprises Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC A�Rte'® CERTIFICATE OF LIABILITY INSURANCE 710/2015 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 Judy Branch Tucker Agency, Ltd. PHONE . (817)336-8520 FAC No:(817)336-6501 P O Box 2285 -MAADDRESS;IL judy@tuckeragency.com INSURER(S) AFFORDING COVERAGE NAIC# Ft. Worth TX 76113 INSURERA:Texas Mutual Ins Cc INSURED INSURER B Raydon, Inc. INSURERC: P 0 BOX 671 INSURER D: INSURER E: Breckenridge TX 76524 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 WC Revised REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS i LTR POLICY NUMBER MMIDD MM/DD GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 'REMISS REMI E Ea occurrence) $ CLAIMS-MADE D OCCUR MED EXP(Any one person) $ �a PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBER EXCLUDED? E NIA (Mandatory in NH) SF-0001084915 1/1/2015 1/1/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: N Z. Boaz Park Phase II Waiver of subrogation in favor of certificate holder, its officers, employees nd servan s. OFFICIAL RECORD CITY SECRETARY FT's WORTI�Iy 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 y Tracy Tucker/JUDY vyl— Gig - ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. t INS025 igninam ni Tho Ar.rwin noma onei Innn ora ranictarari morlrc of AR(1i7r1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WOR"IFI STANDARD CONSTRI Cl10N SPFCIFCA"I]ON DOCUMENTS Revision:Demnher2l.2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3 —Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands .................................................................................................................. 1 1 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article 5 —Bonds and Insurance ..................................................................................................................... 16 5.01 Licensed Sureties and Insurers................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance............................................................................................................. 16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6—Contractor's Responsibilities........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 CFI'Y OF FORT WORTI I STANDARD CONSTRUCTION SPI:CIFCATION DOCUMENTS Revision:December21.2012 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 Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work ..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l.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 Article 16- Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSIRUCIION SPECIFCATION DOCUMENTS Revision:Deceniber21.2012 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......................................................................................................................................631 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCA I ION DOCUMENTS Revision:Deoernber2l.2012 General Conditions Page I ol'63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Dav – 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 Dai –A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC IFC,\L]ON DOCUMENTS Revision:December2l.2012 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 General Conditions Paee 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 SMUK'AIION DOCUMENTS Revision:Daxmber21.2012 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