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Contract 46926
CITY SECRETARY CRY SECRETAW CONTRACT NO. _ FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF HEMPHILL BERRY URBAN VILLAGE CSA 0402 48 829 CITY PROJECT NO.00700 DOE.6055 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works 100% Review August 2014 't BRIAN D.O'NEILL �.. :.....839so.... :Lrc., no 41C 00 WU Hellmuth Obata + Kassabaum, L.P Architect IJP N RECORDRETARYTH, TX FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF HEMPHILL BERRY URBAN VILLAGE CSJ:0902 48 829 CITY PROJECT NO.00700 DOE:6055 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works 100% Review �•• '�,'•• .rs ► August 2014 : :W' ................................ D.O'NEILL.. �. .....83980..... ;•Q fV 00 ANAL Hellmuth Obata + Kassabaum, L.P I-;-mtiscape Architect Division 00 General Conditions 000000- 1 TABLE OF CONTENTS Page 1 of4 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 0045 11 Contractors Prequalifications 14 00 45 26 Contractor Compliance with Workers'Compensation Law 15 00 45 39 Disadvantaged Business Enterprise Goal 16 00 52 43 Agreement 17 0061 13 Performance Bond 18 0061 14 Payment Bond 19 0061 25 Certificate of Insurance 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 23 TxDOT Requirements 24 • Disadvantaged Business Enterprises(DBE) Requirements(See Appendix for additional 25 forms) 26 • Child Support Statement 27 • Disclosure of Lobbying Activities 28 • Non-Collusion Affidavit and Debarment Certification 29 • Certification of Interest 30 • Contractor's Assurance 31 • Buy America 32 • Seals Page 33 • General Notes 34 • TxDOT Specifications List 35 • Special Provisions 36 • Special Specifications 37 • Federal Requirements for Federal-Aid Construction Contracts(PR-1273) 38 • "Standard Specifications for Construction and Maintenance of Highways, Streets, and 39 Bridges—Adopted by the Texas Department of Transportation June 1, 2004—Included 40 by Reference 41 42 Division 01 -General Requirements 43 01 1100 Summary of Work 44 01 2500 Substitution Procedures 45 01 31 19 Preconstruction Meeting 46 01 31 20 Project Meetings 47 01 32 16 Construction Progress Schedule 48 01 3233 Preconstruction Video CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised August 20,2012 CITY PROJECT NO.00700,DOE 6055 000000-2 TABLE OF CONTENTS Page 2 of 4 1 01 3300 Submittals 2 01 35 13 Special Project Procedures 3 01 45 23 Testing and Inspection Services 4 01 5000 Temporary Facilities and Controls 5 01 5526 Street Use Permit and Modifications to Traffic Control 6 01 57 13 Storm Water Pollution Prevention Plan 7 01 58 13 Temporary Project Signage 8 01 6000 Product Requirements 9 01 6600 Product Storage and Handling Requirements 10 01 7123 Construction Staking 11 01 7423 Cleaning 12 01 77 19 Closeout Requirements 13 01 7823 Operation and Maintenance Data 14 01 7839 Project Record Documents 15 16 Technical Specifications listed below are included for this Project by reference and can be 17 viewed/downloaded from the City's Buzzsaw site at: 18 19 bVs://proiecWint.buzzsaw.com/client/fortworthizov/Resources/02%20- 20 %20Construction%20Documents/Specifications 21 22 Division 02-Existing Conditions 23 0241 13 Selective Site Demolition 24 0241 14 Utility Removal/Abandonment 25 0241 15 Paving Removal 26 27 Division 03-Concrete 28 03 30 00 Cast-In-Place Concrete 29 30 Division 26-Electrical 31 26 05 00 Common Work Results for Electrical 32 2605 10 Demolition for Electrical Systems 33 26 05 33 Raceway and Boxes for Electrical Systems 34 35 Division 31 -Earthwork 36 31 1000 Site Clearing 37 38 Division 32-Exterior Improvements 39 32 11 23 Flexible Base Courses 40 32 13 13 Concrete Paving 41 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 42 32 1373 Concrete Paving Joint Sealants 43 32 16 13 Concrete Curb and Gutters and Valley Gutters 44 45 Division 33-Utilities 46 3305 10 Utility Trench Excavation,Embedment,and Backfill 47 3305 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade 48 33 05 20 Auger Boring 49 33 05 26 Utility Markers/Locators 50 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised August 20,2012 CITY PROJECT NO.00700,DOE 6055 000000-3 TABLE OF CONTENTS Page 3 of 4 1 Division 34-Transportation 2 3441 30 Aluminum Signs 3 3471 13 Traffic Control 4 5 6 Appendix 7 GC-6.06. Disadvantaged Business Enterprise 8 GC-6.07 Wage Rates 9 10 END OF SECTION 11 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised August 20,2012 CITY PROJECT NO.00700,DOE 6055 000000-4 TABLE OF CONTENTS Page 4 of 4 THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised August 20,2012 CITY PROJECT NO.00700,DOE 6055 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoI�ToT�1 COUNCIL ACTION: Approved on 6/16/2015 REFERENCE tt 06HEMPHILUBERRY UV DATE: 6/16/2015 NO.: C-27331 LOG NAME: STREETSCAPE PROJECT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with C. Green Scaping, LP, in the Amount of $670,337.80 for the Construction of Pedestrian and Streetscape Improvements in the Hemphill/Berry Urban Village Along Hemphill Street and Provide for Project Costs and Contingencies for a Project Total Amount of$916,853.85 (COUNCIL DISTRICT 9) RE-COMMENDATION: It is recommended that the City Council authorize the execution of a contract with C. Green Scalping, LP, in the amount of$670,337.80 for the construction of pedestrian and streetscape improvements in the Hemphill/Berry Urban Village along Hemphill Street. DISCUSSION: On January 19, 2006, (M&C G-15065) the City Council authorized acceptance of Federal Highway Administration (FHWA)funds in the amount of$4,467,855.00 to be allocated in two phases for planning and for design and construction in certain designated urban villages. A total of 12 urban villages, organized in three clusters, have used this grant funding for planning activities (Phase One) in the amount of $50,000.00 each. Of those 12 villages, the Hemphill/Berry Urban Village was one of five selected to receive funding for a subsequent design and construction project(Phase Two). Additionally, 2004 Bond Election funds in the amount of$302,290.14 have been allocated for this Urban Village Project. On March 27, 2007, (M&C C-22022)the City Council authorized the City Manager to execute an Agreement with Hellmuth, Obata + Kassabaum (HOK), L.P., in an amount not to exceed $200,000.00 for the preparation of redevelopment plans and implementation strategies for the Southwest Cluster urban villages (Bent'/University, Bluebonnet Circle, Hemphill/Berry and Ridglea). After completion of that contract, a second design and construction phase was recommended for the Hemphill/Berry Urban Village. On September 23, 2008, (M&C C-23067)the City Council authorized the City Manager to execute an Engineering Agreement in an amount not to exceed $108,752.43 with HOK for the design of pedestrian and streetscape improvements in the Hemphill/Bevy Urban Village. Public meetings were held with property owners and stakeholders of the Hemphill/Berry Urban Village to receive their input on the streetscape elements. On February 13, 2015, the Texas Department of Transportation (TxDOT) approved the final plans for bid advertisement. The project was advertised on February 26, 2015 and March 5, 2015 in the Fort Worth Star-Telegram in compliance with City and TxDOT requirements. On March 26, 2015, a single bid proposal was received from C. Green Scaping, LP, in the amount of$670,337.80. The Hemphill/Bevy Urban Village Streetscape Project consists of the following pedestrian and streetscape improvements: new sidewalks, curb and gutter, colored textured concrete, pavement enhancement (micro surfacing), pedestrian lights (to be purchased independently by the City), landscaping and irrigation, and benches and trash receptacles with public art features. The construction costs and estimated fees are as follows: Streetscape Improvements $670,337.80 Pedestrian Lights $ 92,700.80 U+#—./1........f rf.vnAl.onv nmh nllnril narlret/mr review acn91T1--21179&-councildate=6/16/2015 6/17/2015 M&C Review Page 2 of 2 Survey, Material Testing, Inspections, etc. $ 86,781.47 Ten Percent Contingency $ 67,033.78 Total 1 $916,853.85 M/WBE OFFICE-C. Green Scaping, LP, is in compliance with the City's Disadvantaged Business Enterprise (DBE) program by committing to 7 percent DBE participation on this project. The City's DBE goal on this project is 7 percent. TxDOT has concurred with the City's recommendation to award the contract to C. Green Scaping, LP. Additionally, C. Green Scaping, LP, is a certified M/WBE firm. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated of the Grant Fund and the New Development Fund of the 2004 Bond Program. Available project funding is as follows: Fund TORI Current Encumbrances 8 Remaining Appropriations Expenditures Balance Grant Fund (GR76) $973,571.00 $322,622.83 $650,948.17 New Development $302,290.14 $ 36,384.46 $265,905.68 Funds(C202) PROJECT TOTAL $1,275,861.14 $359,007.29 $916,853.85 TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541200 006456169800 $546.863.60 C202 541200 229770070080 $123.474.20 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Patrina Newton (8068) ATTACHMENTS MC MAP_Hemphill-Berry.pdf �l < �e b b 7 Y: 077 C •u y O CA 95 0 G ,y 1� it U a OG '�OOi 4ig 2 ZI q U O U o yy 9 v _ Oo Cu, n v m O ora 00 ul cn 10, U 8 G z : m C c0 0cu ooh 8 n a 0_1 Uv v 7 < z F P.ws� a i tw A .'i •-• _ — — •-. .--. — N h H H N [�N N N M r,M M t1 M 1.1J 05 _' ADDi ND!' Page ! o 1 ADDENDUM NO. 1 2 3 PROJECT: HEMPHILL BERRY URBA;V VILLAGE 4 5 Federal Aid Projcct Number: DMO 2007(209) 6 CSJ: 0902 48 829 7 8 CITY PROJECT NUMBER: 00700 9 to OWNER: City of Fort Worth 11 12 CONSULTING ENGINEERS: HOK, Inc. 13 2711 N. Haskell Avenue,Suite 2250 14 Dallas,Texas 75204 1 S 214.720.6000 16 17 DATE OF ADDENDUM: March 19, 2015 18 19 DATE OF BID OPENING: March 26,2015 20 21 INSTRUCTIONS TO BIDDERS: Bidder shall acknowledge receipt of this Addendum 22 No. 1 on Section 00 4100,Bid Form, Page 3 of 3 of the proposal. 23 24 I. SPECIFICATION SECTION 00 11 13—INVITATION TO BIDDERS (Attached to this 25 Addendum) 26 a. MODIFICATION—Revise email contact information for Paul Roach,City 27 of Fort Worth. 28 b. REVISED SHEETS 42-43—Irrigation plans with estimate and quantity 29 tables. 30 This addendum is being conveyed to all plan holders via email.the City's Buzzsaw website and 31 phone call. Email delivery receipts shall constitute notification and receipt of this addendum. 32 Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the 33 bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 34 bid submittal. 35 /j=am Receipt Acknowledged: 36 By: 37 Paul Roach,P. E. 38 Project Manager Company: CFI'YOFFOR'1 4VOR:'H Hi;WPfeJa BFRRi URRIN PILLAGE SIANDAR1)CONS IRUC1JON >P!-Cl' !';c'.NUI7CI!NIFN(ti (S.i�902�N8'_9 Rowi,cti Judy 1.2011 C!,N Prcicol Nu,1,07U0.DOE b015 AJ)DENDU V No. : P,AGF 1 01 2 oU 1- ;M'l 1,%7 R,\"i 0 RITN) RS Page 1 SECTION 00 11 13 2 FNTVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of HEMPHILL BERRY URBAN V11LAGE, CITY OF FORT 6 WORTHPROJECT NO. 00700 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street I l Fort Worth,Texas 76102 12 until 1:30 P.M. CDT,March 26,2015,and bids will be opened publicly and read aloud at 2:00 13 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 • 30 EA Pedestrian and Roadway Light Pole Footings with conduit 18 . 750 SY of Sidewalks 19 • 191 SY of DrivewayslTurnouts 20 e 411 SYofColored Textured Concrete 21 • 331 IF of Concrete Curb and Gutter 22 • 65 TON of Microsurfacing 23 • 27 E.4 Benches 24 • 1 LS Irrigation System 25 • 967 IF 4"PVC.Storm Dram 26 27 PREQUALIFICATION 28 The improvements included in this project;which require prequalification,must be performed by 29 a contractor who is prequalified by TxDOT at the time of bid opening.The procedures for 30 qualification and prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO 31 BIDDERS. 32 33 DOCUMENT EXAMINATION AND PROCUREMENTS 34 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 35 of Fort Worth's Purchasing Division website at httn://www.fortworthgov.org_/purchasinel and 36 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 37 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 38 suppliers. 39 40 Copies of the Bidding and Contract Documents may be purchased from Hellmuth, Obata& 41 Kassabaum,L.P. (HOK)at 2711 N.Haskell,Suite#2250,Dallas,TX 75204. 42 43 The cost of Bidding and Contract Documents is: 44 Set of Bidding and Contract Documents with full size drawings: 22"04"Plans with 8 ''/z"xl 1" 45 Project Manual: $175.00 46 Set of Bidding and Contract Documents with half size(if available)drawings: l l"x 17"Plans 47 with 8 '/z"x11"Project Manual: $65.00 CFTY OF FOR I WOR I'iI ?!EMPIITI.BERRY I:RBAN WL-AuE S VANDARD CONST RIX I'UN SPF.01- c'A,ION 1)(W UMI-VI Ca(:)3C2 4t Is25 Revised Novernbe,27.2C;^ CITY PR().ECT NO,00700,DOC fi,` (Cii, 13-2 t'tA I ION 10 kfl)DLRS page 2 a' '> 1 2 PREBID CONFERENCE 3 A prebid conference may be held as described in Section 00 21 13- INSTRUCTIONS TO 4 BIDDERS at the following location,date,and time: 5 DATE: March 12,2015 6 TIME: 10:00 A,'vI CDT 7 PLACE: 1000 Throckmorton,Planning Conference Room 8 Fort Worth,Texas 76102 9 LOCATION: Planning Conference Room 209-Located on the second floor of City Ball 10 I l CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 FUNDING 15 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 16 revenues generated from Urban Village Funds, which are federal earmarkfunds provided to the 17 City by the Federal Highway Administration, and from 2004 City bond funds. 18 19 INQUIRIES 20 All inquiries relative to this procurement should be addressed to the following: 21 Attn: Paul A.Roach,P.E.,City of Fort Worth 22 Email: Paul.Roach@fortworthtexas.gov 23 Phone: 817-662-1211 24 AND/OR 25 Attn: Mike Preston,Hellmuth,Obata+Kassabaum,L.P. 26 Email: mike.preston(a_)hok.com 27 Phone: 214-231-5825 28 29 ADVERTISEMENT DATES 30 February 26,2015 31 March 5,2015 32 33 END OF SECTION CI"i Y OF FOR"N'()R F11 HFIOP){RU BEF RY UR 9 A'�V ll J,AGF STANDARD CONST RUC]!U�Sl'1�.Ci#�IC�CfIUN L)UCI.�A9GN't j Lti�090?48 82Q Rev�ti�c;Nwcmher27.2;-12 CITY PRGJECTNO.iHi7W DOG:6055 cl NLi >� 5 V� z Q n o N m ' _ 9 gI I - a?EiYJ3a I a 1:1 i s I � i I I ■' I i -kq a•�++wiwrc��evu es'zrznxrxhcuwMYtxwAN Ml�clwws�.y m'G1�11swarJar�y m'.Yw 3xmww-.as��n.,�,nm®vw,..srM 60-[Z-0I :0351A3a GhfIdVi31 01 a3sn y ZANLL a P � w I lJ C I 'i ji I r w .9 II1 ppppppy _ 7 WLL� Z a I i I a La � a � o I I it I j� I I I I I iI I � I � I rico 12 W © ® 4bA'OW Ntl I�ZIY II Wwvxl 0:'D'I'nNf MYtl tnlLYntltllxn�V Wo vpwTcwVc�+4iN'ill-14i�T!W.IPMTWi4nw}a�mM+x4��wN WIIMi 40W6P M-CZ-pI U3,1 p3ltlldrv3l UI 835n 00 11 13- 1 INVITATION TO BIDDERS Pagel of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of HEMPHILL BERRY URBAN VILLAGE, CITY OF FORT 6 WORTH PROJECT NO. 00700 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CDT,March 26,2015,and bids will be opened publicly and read aloud at 2:00 13 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate) following: 17 • 30 EA Pedestrian and Roadway Light Pole Footings with conduit 18 • 750 SY of Sidewalks 19 • 191 SY of Driveways/Turnouts 20 • 411 SY of Colored Textured Concrete 21 • 331 IF of Concrete Curb and Gutter 22 e 65 TON of Microsurfacing 23 • 27 EA Benches 24 • I IS Irrigation System 25 • 967 IF 4"PVC Storm Drain 26 27 PREQUALIFICATION 28 The improvements included in this project,which require prequalification,must be performed by 29 a contractor who is prequalified by TxDOT at the time of bid opening. The procedures for 30 qualification and prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO 31 BIDDERS. 32 33 DOCUMENT EXAMINATION AND PROCUREMENTS 34 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 35 of Fort Worth's Purchasing Division website at hqp://www.fortworthizov.orgJi)urchasingJ and 36 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 37 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 38 suppliers. 39 40 Copies of the Bidding and Contract Documents may be purchased from Hellmuth, Obata& 41 Kassabaum, L.P. (HOK) at 2711 N. Haskell, Suite#2250, Dallas,TX 75204. 42 43 The cost of Bidding and Contract Documents is: 44 Set of Bidding and Contract Documents with full size drawings: 22"x34"Plans with 8 '/z"x 1 1" 45 Project Manual: $175.00 46 Set of Bidding and Contract Documents with half size(if available) drawings: 1 1"x 17"Plans 47 with 8 '/z"x11"Project Manual: $65.00 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS1 0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 PREBID CONFERENCE 3 A prebid conference may be held as described in Section 00 21 13-INSTRUCTIONS TO 4 BIDDERS at the following location,date,and time: 5 DATE: March 12,2015 6 TIME: 10:00 AM CDT 7 PLACE: 1000 Throckmorton,Planning Conference Room 8 Fort Worth,Texas 76102 9 LOCATION: Planning Conference Room 209--Located on the second floor of City Hall 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 FUNDING 15 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 16 revenues generated from Urban Village Funds, which are federal earmark funds provided to the 17 City by the Federal Highway Administration, and from 2004 City bond funds. 18 19 INQUIRIES 20 All inquiries relative to this procurement should be addressed to the following: 21 Attn: Paul A.Roach,P.E.,City of Fort Worth 22 Email: Paul.Roach@fortworthtexas.com 23 Phone: 817-662-1211 24 AND/OR 25 Attn: Mike Preston,Hellmuth,Obata+Kassabaum,L.P. 26 Email: mike.preston@hok.com 27 Phone: 214-231-5825 28 29 ADVERTISEMENT DATES 30 February 26,2015 31 March 5,2015 32 33 END OF SECTION CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ 0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 10 l 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 7 72 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 l2 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 27 misinterpretations resulting from the Bidders use of incomplete sets of Bidding 28 Documents. 29 30 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 31 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 32 for any other use. 33 34 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 35 36 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 37 requiring prequalification at the time work begins. 38 39 3.2. Each Bidder unless currently prequalified,must be prepared to submit to City within 40 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 41 45 11, BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent 2 low bidder(s)for a project to submit such additional information as the City,in its sole 3 discretion may require,including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project,and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame.Based upon the City's assessment of the submitted 8 information,a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information,if requested,may be grounds 10 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4. In addition to prequalification,additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1. Before submitting a Bid,each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including"technical data"referred to in 22 Paragraph 4.2.below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto,shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. Be advised,City,in accordance with Title VI of the Civil Rights Act of 1964,78 34 Stat.252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of Federal Regulations, 35 Department of Transportation, Subtitle A.Office of the Secretary,Part 21, 36 Nondiscrimination in Federally-assisted programs of the Department of 37 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 38 affirmatively insure that in any contract entered into pursuant to this advertisement, 39 minority business enterprises will be afforded full opportunity to submit bids in 40 response to this invitation and will not be discriminated against on the grounds of 41 race,color,or national origin in consideration of award. 42 43 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 44 contiguous to the Site and all drawings of physical conditions relating to existing 45 surface or subsurface structures at the Site(except Underground Facilities)that 46 have been identified in the Contract Documents as containing reliable"technical 47 data"and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 48 at the Site that have been identified in the Contract Documents as containing 49 reliable"technical data." 50 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research,investigations,tests,borings,and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request,City may provide 13 each Bidder access to the site to conduct such examinations,investigations, 14 explorations,tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations,investigations,tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion,and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates,investigation,research,tests,explorations,and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation,examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification 36 of. 37 38 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 39 the site which have been utilized by City in preparation of the Contract Documents. 40 The logs of Soil Borings,if any,on the plans are for general information only. 41 Neither the City nor the Engineer guarantee that the data shown is representative of 42 conditions which actually exist. 43 44 4.2.2. those drawings of physical conditions in or relating to existing surface and 45 subsurface structures(except Underground Facilities)which are at or contiguous to 46 the site that have been utilized by City in preparation of the Contract Documents. 47 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents,but the"technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any"technical data"or 7 any other data,interpretations,opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques,sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents,(iii)that Bidder has given City written notice of all 15 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4. The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 23 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 25 Documents. 26 27 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 HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 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: Paul A. Roach, P.E.,Planning and Development 15 Fax: 817-354-4935 16 Email: paul.roach@forthworthtexas.gov 17 Phone: 817-662-1211 18 19 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3. Addenda or clarifications may be posted via Buz--saw at 23 haps.Aprojectpoint.buzzsaw.com/fortworthgov/InfrastructureYo20Projecis/00700%20- 24 °91.20Urban°91.20Villages°9l.20SW'-1.20Cluster°9l.20Hemphill- 25 Berry/Bid9l•20Documents%20Package/Addenda?public. 26 27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 43 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 8. Contract Times 2 The number of days within which,or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal' Items 11 The Contract,if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or"or-equal'items. 13 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 14 equal'item of material or equipment may be furnished or used by Contractor if acceptable to 15 City,application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C.of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with City Ordinance No. 15530(as amended),the City has goals for 23 the participation of minority business and women business enterprises in City 24 contracts.A copy of the Ordinance can be obtained from the Office of the City 25 Secretary.The Bidder shall submit the MBE/WBE Utilization Form, 26 Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or 27 Good Faith Effort Form(with"documentation)and/or Joint Venture Form as 28 appropriate.The Forms including documentation must be received by the City no 29 later than 5:00 P.M.CST,five(5)City business days after the bid opening date. The 30 Bidder shall obtain a receipt from the City as evidence the documentation was 31 received.Failure to comply shall render the bid as non-responsive. 32 33 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 34 or organization against whom Contractor has reasonable objection. 35 36 12. Bid Form 37 38 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 39 obtained from the City. 40 41 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 42 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 43 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 44 price item listed therein. In the case of optional alternatives,the words"No Bid," 45 "No Change,"or"Not Applicable"may be entered. Bidder shall state the prices, 46 written in ink in both words and numerals,for which the Bidder proposes to do the 47 work contemplated or furnish materials required.All prices shall be written legibly. 48 In case of discrepancy between price in written words and the price in written 49 numerals,the price in written words shall govern. 50 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title,the name and address of Bidder,and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 39 with the notation"BID ENCLOSED"on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may,at the option of the City,be returned unopened. 50 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS1:0902 48 829 Revised November 27,2011 CITY PROJECT NO.00700,DOE:6055 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any)will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 17 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders,Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers,and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications,and financial 48 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.4. Contractor shall perform with his own organization,work of a value not less than 2 35%of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance,and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 END OF SECTION 31 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 THIS PAGE LEFT INTENTIONALLY BLANK 2 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 27,2012 CITY PROJECT NO.00700,DOE:6055 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://ww,r,t.ethics.state.tx.us/for,iis/CIS.pdf 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: C. Green Scaping, LP By: Curtis J. Green 2401 Handley Ederville Rd. Signature: 0 Ft. Worth, TX 76118 Title: Vice President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Hemphill Berry Urban Village 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Hemphill Berry Urban Village from Devitt Street to Bowie Street City Project No.: 700 Units/Sections: Streetscape Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreel,;ent 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 :nd in accordance with the her 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 ?-O 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 soli sited 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 �,riowledge of City, a purpose of which is to estaNish Bid priues at a,fific:,.: ;:.,,:-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Ft.Worth-Hemphill Berry Urban Village 0041 00 BID FORM Page 2 of 3 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.py TxDOT prequalified contractors: 3. �1 - Greg-i SCGpi rl 15 0,Y10.p�'>ruJ� b. �onfmo-+or J c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 35 working days after the date when the Contract Time commences to run as provided in Article 8.3.A.4. of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways Streets and Bridges, 2004 and Paranraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 (Not required in this contract) 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 it .---cordance with the Contract Documents for the following bid arnount. !n ,he 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 Ft.Worth-Hemphill Berry Urban Village 0041 00 BID FORM Page 3 of 3 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. Total Bid $670,337.80 7, Bid Submittal This Bid is submitted on March 26, 2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: Curtis J. Green Addendum No. 4: (Printed Name) Title: Vice President Company: C. Green Scaping, LP Corporate Seal: Address: 2401 Handley Ederville Rd. Ft.Worth,TX 76118 State of Incorporation: Texas Email: c seen greenscaninq.com Phone..&17-577-9299 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Ft.Worth-Hemphill Berry Urban Village 0045 I1 -2 CONTRACTORSBIDDERS PREQUALIFICATIONS Page 2 of 2 THIS PAGE LEFT INTENTIONALLY LANK 2 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/for,ns/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: C. Green Scaping, LP By: Curtis J. Green 2401 Handley Ederville Rd. Signature: 0 Ft. Worth, TX 76118 Title: Vice President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Hemphill Berry Urban Village t 0041 00 BID FORM Pagel of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Hemphill Berry Urban Village from Devitt Street to Bowie Street City Project (`lo.: 700 Units/Sections: Streetscape Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreei,ient 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 cnd in accordance with the , 'her 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 FO 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 soli,:ited 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 :,riowledge of City, a purpose of which is to estah!ish Bid prices at a,tifi.;,.' ;:.,,;-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Ft.Worth-Hemphill Berry Urban Village 0041 00 BID FORM Page 2 of 3 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,py TxDOT prequalified contractors: Nl A - Gree-r� Scapi�-,q �s 0,K) apj�ru✓�n� b. Conh-&C-+or. J C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 35 working days after the date when the Contract Time commences to run as provided in Article 8.3.A.4. of the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways Streets and Bridges, 2004 and Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 (Not required in this contract) 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 it :••--c;rdance with the Contract Documents for the following bid arnount. In ,FIB 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 Ft.Worth-Hemphill Berry Urban village 0041 00 BID FORM Page 3 of 3 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. Total Bid $670,337.80 7. Bid Submittal This Bid is submitted on March 26, 2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: Curtis J. Green Addendum No. 4: (Printed Name) Title: Vice President Company: C. Green Scaping, LP Corporate Seal: Address: 2401 Handley Ederville Rd. Ft.Worth, TX 76118 State of Incorporation: Texas Email: c reen greenscaping.com Phone;.8,17-577-9299 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Ft.Worth-Hemphill Berry Urban village 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSAL FORM 1 PREPARING ROW 100.2002 STA 10 $1,820.00 $18,200.00 2 PREPARING ROW, 12-24"TREE REMOVAL 100.2004 EA 2 $1,400.00 $2,800.00 3 REMOVING CONC WALKS 104.2015 SY 1,151 $18.00 -----120,718.00 4 REMOVING CONC DRIVES 104.2017 SY i 297 $18.00 $5,346.00 5 REMOVING CONC(CURB AND GUTTER) 104.2022 LF 254 $14.00 $3,556.00 6 REMOVING STAB BASE AND ASPH PAV(2"-6") 105.2011 _SY 68 $20.00 $1,360.00 7 BLOCK SODDING 162.2002 SY 197 $5.00 _ $985.00 8 IRRIGALION SYSTEM 110.2001 LS 1 $32,200.00 $32,200.00 9 PLANT MATERIAL(4"POT) 192.2001 EA 3,29_8 $4.40 $14,511.20 10 � MULCH � � - 192.2013 ---SY ~ 376`-- - $8.90 Y-$3,346.40 11 PLANT SOIL MIX 192.2014 CY 162 $66.00 $10,692.00 12 PLANT MATERIAL MIN 4"CAL) 192.2048 EA_ 35 _$_870.00 $30,450.00 13 PLANT MAINTENANCE 193.2001 V MO 24 $1,440.00 $34,560.00 14 FL BS(COMP IN PLC)(TY A GR 4)(6") 247.2064 SY 120 $11.00 $1,320.00 15 D-GR HMA(METH)TY-D PG70-22 310.2014 TON 20 $370.00 $7,400.00 16 MICRO SURFACING 350.2001 TON 65 $650.00 $42,250.00 17 DRILL SHAFT(18") _ 416.2001 LF 70 $220.00 $15,400.00 18 DRILL SHAFT(24") 416.2002 LF 3 $270.00 $34,560.00 19 CL A CONC(MISC) 420.2001 CY 1 $1,200.00 $1,200.00 20 PVC PIPE(SDR-35)(4') 481.2001 LF 967 $28.40 $27,462.80 21 MOBILIZATION 500.2001 LS _ 1 $304000.00 $30,000.00 22 BARRICES;SIGNS AND TRAF HANDLING 502.2001 MO AD3 $4,200.00 $12,600.0_0 23 COLORED TEXTURED CONC(4') �~ 528.2001 SY 411 $97.00 $39,867.00 24 CONC CURB&GUTTER(TY II) 529.2004 LF 331 $29.00 $9,599.00 25 INTERSECTION,DRIVEWAYS AND TURNOUTS X30.2019 SY 191 $68.40 $13,q64.40 26 CURB RAMPS(TY4) 531.2006 EA 4 $1,890.00 $7,560.00 27 CONC SIDEWALKS(4")(ROCK SALT FINISH) 531.2021 SY 750 $60.60 $45,450.00 28 CONWIT PVC(SCH 80)(2") - 618.2034 LF 2300 $18.60 $42,780.00 29 CONDUIT PVC(SCH 80)(2")BORE 618.2035 LF 330 $31.80 $10,494.00 30 CONDUIT PVC(SCH 80)(4")BORE 98.2041 _LF 460 $38.70� $17,802.00 31 GROUND BOX A(122311)W/APRON ;'.24.2008 EA 2 $2,840.00 $5,680.00 32 RELOCATE SMALL ROADWAY SIGN 644.2056 EA 12 $220.00 $2,640.00 33 LANDSCAPE AMEMNITY(BENCH) 1014.2022 EA 27 $2,990.00 $80,730.00 34 TREE P:,OTECTION(PROTECTIVE FENCE) 1104.2001 LF 450 $12.00 $5400.00 35 BIOGRD EROSN CONTROL LOGS(8"DIA)INSTALL 1122.2047 LF 166 $4.00 $664.00 36 TRASH RECEPTACLE 5011.2001 EA _ 9_$1,790.00�_ $16,110.00 37 ADJUST UTILITY BOX,VAULTS,MANHOLES 5914.2001_ EA 11 $940.00 $10,340.00 38 REMOVE&RELOCATE SIGN AND GROUND LIGHTS 8828.2001 LS-- 1 $7,600.00 $7,600.00 39 LIGHT POLE FOOTING(REMOVE) v 8829.2001 EA 7 $300.00 $2,100.00 40 MODIFY CONDUIT 8829.2002 LF 70 $22.00 $1,54n no Bid Summary Base Bid Total Baste Bid #670,337.00 Alternate Bid NONE Total Alternate BId Deductive Alternate Bid NONE -- Total Deductive Alternate Bid Additive Alternate Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 FL Worth-Hemphill Bary Urban Village 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM NONE Total Additive Alternate Bid Total Bid $670,337.80 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Ft.Worth-Hemphill Berry Urban Village 00 43 13 BID BOND Page 4 of 9 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Company Name Here hereinafter called the Principal, and(Surety Name) Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Hemphill Berry Urban Village from Devitt Street to Bowie Street NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 2014. By: Company Name Here (Signature and Title of Principal) 'By: Surety Name Here (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 Copy of 00 41 00_00 43 13 00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 080414 004511-1 CONTRACTORSBIDDERS PREQUALIFICATIONS Pagel of 2 1 SECTION 00 45 11 2 CONTRACTORS PREQUALIFICATIONS 3 4 1. Summary.All contractors shall refer to TxDOT's Special Provision 002---017 for TxDOT 5 prequalification requirements. Contractors do not need to be prequalified by the City. 6 7 8 9 END OF SECTION 10 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised July 1,2011 CITY PROJECT NO.00700,DOE:6055 0045 II -2 CONTRACTORSB[DDERS PRFQUALIFICATIONS Page 2of2 THIS PAGE LEFT INTENTIONALLY BLANK 2 CITY OF FORT WORTH HEMPHILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI:0902 48 829 Revised July 1,2011 CITY PROJECT NO.00700,DOE:6055 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I oft 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 00700.Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 free �cnnv;,�,� / P By: ('i r s eK) 13 Company "J (Please Print) 14 15 2 d-p I I �1�u'1/�I._�J_ E(1eiryI I�P 2d- Signature: 16 Address -�� ` 17 18 Fl. W nr,_kk , TX 1 u 1 1 B Title: V ice i re s; fie r- 19 City/State/Zip (Prase Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME, the undersigned authority, on this&y personally appeared 27 fJ.r-4is�re.en ,know:to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of. C G"dn tapir:�4 j7 for the purposes and 30 consideration therein expressed and in the capiclty therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2 Le day of 33 M 12010.7 34 35 36 37 °>" 'a', STACY GEIGENMIIIER Notary Public i and fort State of Texas ` Notary Public, State of Texas 38 =:'.1�: MY Commission Expires s Yom; March 13, 2018 39 OF SECTION 40 CITY OF FORT WORTH IIEMPIIILL BERRY URBAN VILLAGE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSI.-0902 48 829 Revised July 1,2011 CTY PROJECT NO.00700,DOE:6055 004539-1 DISADVANTAGED BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 39 2 DISADVANTAGED BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $25,000 or more,the DBE goal is applicable. 5 If the total dollar value of the contract is less than$25,000,the DBE goal is not applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by 9 Disadvantaged Business Enterprises(DBE)in the procurement of all goods and services to the 10 City on a contractual basis. All requirements and regulations stated in TxDOT's Disadvantaged 11 Business Enterprises program apply to this bid. 12 13 DBE PROJECT GOAL 14 The DBE goal on this project is 7.0%of the total bid. 15 16 COMPLIANCE TO BID SPECIFICATIONS 17 On City contracts of$25,000 or more,bidders are required to comply with the intent of the City's 18 DBE Ordinance by either of the following: 19 1. Meet or exceed the above stated DBE goal,or 20 2.Good Faith Effort documentation,or; 21 3. Waiver documentation,or; 22 4. Joint Venture. 23 24 Failure to comply with the TxDOT's DBE program,shall result in the Bid being considered non- 25 responsive. Any questions,please contact the M/WBE Office at(817) 392-6104. 26 27 DBE program will be in accordance with Special Provision 000-1966 Disadvantaged Business 28 Enterprise in Federal Aid Contracts. 29 30 Visit http://www.dot.state.tx.us/business/business outreach/dbe.htm for forms,directory of 31 approved companies and additional information. 32 33 SUBMITTAL OF REQUIRED DOCUMENTATION 34 The applicable documents must be received in accordance with Special Provision 000-1966 35 Disadvantaged Business Enterprise in Federal Aid Contracts, Paragraph 3.a. 36 37 END OF SECTION CITY OF FORT WORTH Hemphill Berr-1 Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS/. 0902-48-829 Revised July 1,2011 CITY PROJECT NO.00700,DOE 6055 004539-2 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 2 of 2 THIS PAGE LEFT INTENTIONALLY BLANK 2 CITY OF FORT WORTH Hemphill Berry Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised September 28,2012 CITY"PROJECT NO>00700,DOE 6055 005243-1 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 C. Green Scaping, LP, authorized to do business in Texas, acting by and through its 7 duly 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 Hemphill Berry Urban Village 17 CSJ: 0902 48 829 18 City Project NO. 00700 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 65 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in,a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred Fifty and no/100 Dollars ($650.00) for each day that expires after the 35 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 36 of Acceptance. CITY OF FORT WORTH Hemphill Berry Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 09,2011August 17,2012 City Project No.00700 005243-2 Agreement Page 2 of 4 37 Article 4.CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Six Hundred Seventy Thousand, Three Hundred 40 Thirty-Seven and 80/100 Dollars($670,337.80). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued,become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Hemphill Berry Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 09,2011August 17,2012 City Project No.00700 005243-3 Agreement Page 3 of 4 76 Article 6.INDENINWICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of,the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This- indemnification provision is specifiically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damaLes being 83 sought were caused,in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused,in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Hemphill Berry Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 09,2011August 17,2012 City Project No.00700 005243-4 Agreement Paee 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 129 Contractor: C-� i���'n 1�r� of Fort Worth 54o --5�A I By: Assistant City Manager (Signa re) Date "! 3�l 0 &41-11)6eAn3 Attest: 00 (Printed (Printed Name) City Secretary (Seal) Title: °�""°°°�°°° Address: M&C ate: 5' City/State/Zip: V ►6 (, I ,Approved as to Fora: and i egality: Date ��ro� T�✓�.. Assistant City Attorney 130 131 132 j A COMMEN D: 133 134 135 • 136 Randle Ha od 137 DIRECTO 138 Planning& Development Department 139 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTH Hemphill Berry Urban Village STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902 48 829 Revised November 09,2011 August 17,2012 City Project No.00700 Bond No.022036997 00,61 13-1 PERFORMANCE BOND Page I of 2 1 SEC)cJION 00 6113 2 PLIRFORMANCC BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we,C. Green Scaping, LP,known as"Principal'herein and q Liberty Mutual Insurance Company _,a corporate surety(sureties, if nitre than 10 one)duly sauthoriwd 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 Toxas, known as"City"hen;in, in the penal sum of, SIX H UNDRED 13 SEVENTY THOUSAND,11 REE UUNDRED THl01tT'Y-SEVEN AND 80/100 DOLLARS 14 ($670,337.80), lawful money of the United States,to be paid in Fort Worth,Tarmt County, 15 Texas for the payment ofwhich sum well and truly to be made, we bind ourselves,our heirs, 16 executors,administrators,successors sand assigns,jointly and severally, firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the I&day of June 2015,which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein,to furnish all materials,equipineat labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders,its 21 provided for in said Contract designated as Hemphill Betty Urban Village,CSJ:0902 48 829, 22 City Project NO.00700. 23 NOW,TIII?.REFORF,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the; Work, including Change Orders,under the Contract,according to the plans, 26 specifications,and contract doutiments therein referred in,and as well during any period of 27 extension of the Contract that may he granted on the part of thL City,then this obligation shall be 28 and become null and void,otherwise to remain in full fuTm and effect. 29 PROVIDED FURTIMR,that if any legal action he filed on this Eland,vu,-nuc slwl lie in. 30 Tllrrna t C 4tates District Court fiv the Norlhent District of Texas,Fort 31 worth Di sUiFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Carry Dy FOR�wann Hwiphill Berry Urban Village STANDAR])V INS17RI,CIIONSFF.CIEICATIONDOCr1M1?NTS C9J'090248829 Rcvindl July 1,2011 rity Payers No.00700 Bond No.022036917 006113-2 PERFORMANCE BOND Page 2 of 2 1 M bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all l iabilitics on this bond shall be determiaed in 3 accordance with the provisions of said statue. 4 IN WITNFSS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorised agents and offle rs on this the 16th day of 6 June • 20 15 7 PRINCIPAL: 8 C.Green ScapinL, 9 i0 ]1 BY: 12 Si as re 13 ATTEST- 14 i ?� 5 ac A L(•-t 16 {Principal ecretary j Mamie title 17 ��� _ 18 Address: 24 Handey EdeJvile Road___ 19 Fort Worth,TX 76118 _ 20 21 22 Witness as to Principal 23 SURETY: 24 Liberty Mutual Insurance Company _ 25 26 -�J 27 RL4:�-� 28 Sign 29 30 Kylie Kelsoe,Attorney in fact 31 Name and Title 32 33 Address: 320 Ease Drive,_Ste..210 _ 34 Denton,TX 76201 35 36 37 Witness a to Sur , Te[ephone Numlwr..940-382.9691 38 39 40 41 *Note: If signed by an offic c r of the Surety Company, theme must bu on file a certified extract 42 from the by-laws showing that this person has authority to gign such obligation. If 43 Surety's physical address is different from its mailing address, bath must be provided. 44 Idae€the bop not be prior to the date the Contract is awarded. 45 OFFICIAL kECORD CITY SECRETARY FT.WORTH, TX CITY OF FORT WORTJI Hemphill Herry Urban Village STANDAR r)CON STRT YC.717N APFA:rF ICAT M iN Tk0t'TJW NTS c:SJ:0902 48 829 Revised July I,2011 City Project No.00700 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6865381 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duty organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King:Jeff P.King:Kylie Kelsoe:Rachel Mullins all of the city of,Denton state of TX each individually if there be more than one named,its true and lawful attorney-in-tact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of February 2015 RNV C r�ty InsU, o WSUR'1_ rz"4yU�'` American Fire and Casualty Company 't°p 4 [x;,,s�✓{^ The Ohio Casualty Insurance Company N 1906 o tf 9}9 n o Liberty Mutual Insurance Company d a 1912 3 1991 tE West merican Insurance Company 3 By: STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary R +_� COUNTY OF MONTGOMERY _ r_ Md On this 6th day of February 2015 , before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and O a> Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, N p 3 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W to C d > IN WITNESS WHEREOF,I have hereunto subscr• and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O a 7 gQ. l COMMONWEALTH Q. PENNSYLVANIA ///-��� /a&&OU C �4 �€ y � Twess PaxteAu,��lotery PuMrc g Z"Oc) O� Y M !+ U S 9 1P`rymauth Twp.,Montga�County ` Teresa Pastella,Notary PublicO OF Expires Mad28.20T7 ACy ' t0 d ?`tomboy,Peruwytvar0aAssocr ;o4 of Nolariee d t0 cThis Power of Attorney is made and execute ority of the following By-laws and Authorizations ofAmerican Fireand Casualty Company,The Ohio Casualty Insurance to o 1»; Company,Liberty Mutual Insurance Company, n Insurance Company which resolutions are now in full force and effect reading as follows: r c os M` ARTICLE N—OFFICERS—Section 12.Pourer of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c t�; to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+y O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective Elti powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so d 0 m executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > L. the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. t a 4,Co M C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, Co > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fad,as may be necessary to act in behalf of the Company to make,execute, -M O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad subject to the limitations set forth in their c Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said Companies,is in full force and effect and has not been revoked. I t IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of i f ik 20J-5—. PttR CAS�j QyiY;AS(s at 145UpA P�:4S,& r gyp. ._ okrF'Q�� yJ C-:�?:urr,>'Q9� ,�J'pr3t"Ntn� '�'{. Qj�^:i?aT.✓C,c, ,9(K, 0 1919 n y 1912 4 1991 OFFICIAL RECORD Y SCG u y Gregory W.Davenport,Assistant Secretary CITY SECRETARY t FT.WORTH,TX LMS 12873 122013 8 of 100 Bond No.022036917 006114-1 PAYMENTBOND Page 1 of 2 l SECTION 00 fit 14 2 PAYME''NT BONvi 3 4 THE STATE OF TEXAS § 5 § KNOW ALI,BY TIEI!ESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, C. Green Scaping, LP, known as "Principal" herein, and 9 Liberty Mutual Insurance 11"olnpany _ _ a, corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal stun of SIX HUNDRED SEVENTY THOUSAND, THREE HUNDRED TMTY- 14 SEVEN AND 80A00 DOLLARS($670,337.80), lawful money of the United States, to be paid 15 in Fort Worth,Warrant County,Texas, for the payment of which sum well and truly be made, we 16 bind ounwives, our heirs,executors, administrators, successors and assigns,jointly and severally, 17 tir►uly by these presents: Is WHEREAS,Principal has entett;d into a certain written Contract with City,awarded the 19 16`s day cif June 2015, which Contract is hereby referred to and made a part hereof for all 20 purposes as if fully set forth hcrcin, to furnish all materials, eyuiprrtent, labor and other 21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 22 designated as Hemphill Berry Urban Village,CS3:0902 48 829,City Project NO. 0070U 23 NOW, THEREFORE, THE CONDITION (;•1~ THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract,then this obligation shall be and beanie null and void; otherwise to remain in full 27 farce and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. OFFICIAL RECORD 31 CITY SECRETARY FT.WORTH,TX crry Oji Foir'woRTII Ilermpbill j3erry Urban Village TrMnARn MN.gTRUC1'I0N SNL(yt7Ch'rI()N L1UC 1!M£N1:S CSJ-U902 48 829 Revised July L,2011 City Project 1w.0700 Bond No.022036917 006114-2 PAYMPKI'BUNT) Pa8d 2 of 2 1 IN WrMSS WNFR OF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duty authorized agents and officers on this the 16th day of 3 June 720 15 4 PRINCIPAL: C.Green Scoping,LP ATTEST: B Signature (Primipal)&Wretary ante and Title Address: 2401 Hand ey Edervlle RoadA& _ Fort Worth,TX 76118 Witness as to Principal SURETY: Liberty Mutual Insurance Comapny ATTEST: B S' ture s K�ie Kelsoe,Attorney in fact (Su )Secretary Name and Title Address: 320 Eage Drive,Ste.210 Denton,TX 76201 Witness to Sw.•e Telephone Number: 940-382-9691 6 ?Vote: if signal 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 obligaticut. If Surety's physical 8 address is different from its mailing address,both nmst be provided. 9 10 J'he date of the bund sball not be prior to the date the Contract is awarded. 1 OFFICIAL RECORD tali SECTION 12 CITY SECRETARY FT. WORTH, TX C11 Y OF FORT NVOK I t iemphitl Betty UrbM village STANDARD CONS 1RUCI'rON SPF.CIPICATION 1X1C;UMRNPS CIM 0902 49 R29 Reviecd hely 1,7011 City i'rojeet No.00700 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6865382 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively caged the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King:Jeff P.King:Kylie Kelsoe:Aachyl Mullins all of the*of Denton state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoDgnizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 6th day of February 2015 American Fire and Casualty Company M The Ohio Casualty Insurance Company rn Liberty Mutual Insurance Company 4) T906 0 0 1919 1412 r' 1991 _C _ West merican Insurance Company +✓ta^hF � O G7 # 1 * * * By' >� C STATE OF PENNSYLVANIA ss David M.Care ,�+ssistant Secretary M ++1! COUNTY OF MONTGOMERY _ C M d co On this 6th day of February 2015 , before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and O -r- 04) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, y p2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. M C W m > IN WITNESS WHEREOF,I have hereunto subs c' and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. o fl. To pjE` COMMONWEALTH OF PENNSYLVANIA c d �5 _............_.........._._.._.Notarial ----..._._.._................._.._. /Jut&C�P€b$� � VOarSea'Teresa Pastetla,Notary Public By; O Plgm _*,Twp.,Morvmw county Teresa Pastella,Notary Public m ` OF I W Commission Expires Ma:28 2017 : la m O rmurrZor,Foran*Qma Aeeoclaian of Nu ri O E C M This Power of Attorney is made and execut ority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance w C m; Company,Liberty Mutual Insurance Company, Ift n Insurance Company which resolutions are now in full force and effect reading as follows: r tea d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject o C C;; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, �+ O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact,subject to the limitations set forth in their respective �p E aipowers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a) L. executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. .0 r� M C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, , > m and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute, 6.N O seal,acknowledge and deliver as surety any and all undertakings,bonds,rec gnizances and other surety obligations. Such attorneys-in-fad subject to the limitations set forth in their c OP Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. o Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attomey executed by said Companies,is in full force and effect and has not been revoked. I r IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this�day of -_T11f t _" 20j—'5—. Ph rCAS JpitYPiNstjgr Ja N S£:p" 'Y v yr m �' � T �' g { 1906o q 1919 ? 1912 T " 1991 j BY: Gregory W.Davenport,Assistant Secreta x� OFFICIAL RECORD �° Secretary CITY SECRETARY WORTH,TX LMS_12873-122013 9 of 100 Bond No.022036917 006119-1 MAINI'ENAN(T BOND Pagc 1 of 3 1 SFc'rION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUMFY OF TARRANT § 7 8 That we C. Green Scaping, LP, known as '`Prineipal" herein And 9 —Lberty Mutual Insurance Company - , a corporate surety (sureties, if nmre 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 SIX 13 HUNDRED SEVENTY TROUSAND, TMUE HUNDRED THIRTY-SFVFN AND 801100 14 DOLLARS($670,337.80), lawful money of the United States, to be paid in Fort Worth,Tarrant 15 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 the 20 16th day of June,2015, which Contract is hcxeby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish,all materials,eyttipment labor and other accessories 22 as defined by law,in the prosecution of the Work,including any Work resulting from a duly 23 authcirized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Hemphill Bevy Urban Village,CSJ: 0902 48 829, City Project NO.00700;and 25 26 WHEREAS, Principal hinds 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 cif two (2)years 29 after the date ofFinal Acceptance of the Wark by the City("Maintenance.Period");and 30 31 VV EREAS, Principal binds itself to repair or reconstruct the Work in whole or in Part 32 upon receiving notice from the City of the no-ed therefor at any time 'within the Maiotcnance 33 Period. 34 N0W THFRTFOR.IF:, the condition of this obligation is such that if Principal shall remedy any 3S defectivu Work,for which timely notice was providrd by City,to a eonlplcticxt satisfarswry tea the 36 City,then this obligation shall become null and void;otherwise, to re2nain in full farce and effect. OFFICIAL RECORD crrvorrolzTWORTEI CITY SECRETARY Ikm�hill13crryUrban Viltagc STANDARD CONS"t'RUt:MN SPEC114CM-1014 LK K:l1MI N1'S M:0902 49"ar9 Revised July 1,20 a FT. WORTH, TX City llrgj oa No.=00 Bond No.022036917 006119-2 MA[NI'FNAN(T BOND Pulte 2 of3 1 2 PROVIDF„D, HOWEVER, if Principal shall fail so to repair or rcxaaiu=ct any timely 3 noticod defective Work, it is agreed that the City may cause any and all such defective Work to 4 be ropaired and/or reconstructed with all associated costs thereof being borne by the Principai and 5 the Surety under this Maintenance bond;and to 7 PROVIDED FURTffER,that if any legal action be filed on this Bond, venue shall Ge in 8 'Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 9 Worth Division;and 14 1 t PROVIDED FURTHER, that this obligation shall be continuous in nature and 12 successive recoveries may be had hereon for successive breaches. 13 14 15 OFFICIAL RECORD CITY SECRETARY FT. NORTH, TX MY( FORT WOit1'11 Ilemphill nerryl)rhan Village S1ANDARD C:ONSTRUCr1013 SPI;t;1FH:ATION FMI INTFN. TS (;SJ:0902 48 829 Revised July 1,2011 {pity lle*ct No.00700 Bond N0.0220369W 006119-3 MAiCT'(13NAUM DOM IV)of 1 IN Wl'['IYESS WYiMFAIF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 1ft day of June 3 -120.15. 4 5 PRINCIPAL: G C.Green Scaft,LP�_. 9 BY: 10 rgnature 11 ATTEST: 14. (Principal) retary Namo and Title 15: T6 Address, 2401 Handley Edervle Road Fort Wff7m-ls 18 19 20 Witness as id Pfine i 21 SMIM 22 Litle►gr Mu{ual =M0 Ct mp r 23 5 _ 2C5 2 � __�--.��.. .J.VV��--'��.•-..+mss''. 26 29 ' 28 K Kelsoe,Attorney in tact - 29 ATTEST: Name and Title 30 r 31 Address: 320 Ease DrW,Sb:X111 32 ( Secretary 1 Denton,T)C�'t3201 .,_."�T 34 35 Witness a to Surto I'alephone Number::844-X2401 36 37 *Dote: If Aigned by an officer of the Surety Company,there most be on file a certified extract 38 from the by-laws showing that dais perm has authority to sign such obligation if 39 Surety's physical address is different from its mailing address,both:must be provided. 40 The date of the band sl>ali not be prier to the data the Contract is awarded.. 41 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX MY OF rest wc>atM rias iu Urban vittw JrArmARrf(tisrRUCrx)N SPrA')f'I(:A•TIUr Utx'UiNCN9 tSl:A9G2AR8�9 RCvisod July I,2091 0ty)1r0i [IVo.WM THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, James E.King:Jeff P.King:Kylie Kelsoe:Rachyl Mullins all of the city of Denton ,state of TX each individually if there be more than one named,its true and lawful attomey-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,reoDgnizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this sth day of February 2015 �r PifDCgsG L1Y 1hSUF, �ytS�SUggn ,tr�sur� American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company m 1906 ° a 7919 -0191z a 1991 West merican Insurance Company a N w'� y uv5• � � .ort ,r m * 1 * * * By: STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary CN +% COUNTY OF MONTGOMERY _ C R mpi On this 6th day of February 2015, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and O cD Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, m W p To execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C d > IN WITNESS WHEREOF,I have hereunto subscr' and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O a 10 a aS° COMMONWEALTH OF PENNSYLVANIA � _.._........__.............._.._..__..._........_............_._..._..__..._..._..__._ y ~� C)Y€Vs �F�2`� Teresa Pastella,Notary Public gy; /�/ �iQ/� O O ` P!ymouth Twp.,Montgomery County Teresa Pastella,Notary Public C OF j My cvrruaission Expires March 26,2417 L. 0 0� �� Memtrc r,Pd msYAranieA^extz cn of Notwdcrs a c a This Power of Attorney is made and execut ority of the following Bylaws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance ulip 6, Company,Liberty Mutual Insurance Company, n Insurance Company which resolutions are now in full force and effect reading as follows: r=..O CD CD d ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O C It ;) to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fad,as may be necessary to ad in behalf of the Corporation to make,execute,seal, d O c acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fad,subject to the limitations set forth in their respective E d powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so O p o executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. 4)a M C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, C_OP > ` and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to ad in behalf of the Company to make,execute, O L5 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their O Op Z U respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary. O Tp Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- ~ fad as may be necessary to ad on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct y�copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. `f n ��A•f L�C� IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1�` day of yp PhD Rsr�4 pykY rh5(fa �`;US�gq yVµ:NSflk� ¢ 9 ,���� ��J�4�:wn,•qgr `J�p,.>oav�ti� w�g��.�p«x�;�Yt� a 1906 c o 1919 1991 n 1912 O ° 0 r r g y: w b p s' y civ w a G W.Dave tea' � SSA:r *; AP `? OFFICIAL RECORD `��" Davenport,Assistant Secretary CITY SECRETARY FT WORTH,TX i.�1S.12879 122013 AC�® DATE(MMIDD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 7/22/2015 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 Rach 1 Mullins NAME: y Agents Alliance Services, Ltd PHDIC.NENo,EAI. (800)453-9691 PJC No:(940)243-1050 Ramey King Insurance E-MAIL rach lmullins@rame kin m ADDRESS: y y g'co 320 Eagle Drive, Ste 210 INSURE S)AFFORDING COVERAGE NAIC# Denton TX 76201 INSURERAAmerica First Lloyds 11526 INSURED INSURER B Netherlands Insurance Company 24171 C Green Scaping, LP INSURERC:America First Insurance 12696 2401 Handley Ederville Rd. INSURERD:Texas Mutual Insurance Company 22945 LINSURER E: Fort Worth TX 76118 INSURER F: COVERAGES CERTIFICATE NUMBER:CL155820851 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 TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDD MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE FOOCCUR DAMAGE TO REN D 300,000 PREMISES Ea occurrence $ CBP8851920 5/13/2015 5/13/2016 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE 0 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Pollution Liability $ 300,000 AUTOMOBILE LIABILITY COEa acddMBINED SINGLE LIMITent $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA8842595 5/13/2015 5/13/2016 BODILY INJURY(Per accident) $ AUTOHIREDSAUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per acddent ' $ X UMBRELLA LIAB R OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X RETENTION$ 10,000 0178844799 5/13/2015 5/13/2016 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'UABIL(TY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000 000 OFFICERWEEMBER EXCLUDED? ❑ NIA D (Mandatory in NH) TSF0001252254 5/13/2015 5/13/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 H yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Inland Marine 1148854626 5/13/2015 5/13/2016 Rented/LeasedEquipment $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 701,Addltlonal Remarks Schedule,may be attached If more space Is required) Project Hemphill Berry Urban Village; Project No. 00700. The insured's policy includes a blanket additional insured endorsement as required by written contract with regards to the General Liability policy. The general liability endorsements include coverage for ongoing (Form 22-45TX 12/02) and completed operations (Form CG 2037 10/01) . Per project aggregate applies to the General Liability policy as well per form CG 2503 03/97. The insured's general liability policy includes form 22-111 (01/07) - Primary and Non-Contributory. The insureds workers compensation policy has a blanket waiver of subrogation as reSE±red by written contract per form WC 42 03 04 A (Ed. 1-00) . The insureds auto CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton S rest ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 761 2OFFICIAL RECORD AUTHORIZED REPRESENTATIVE CITY SECRETARY FT. cc ' s Jeff King/RLI ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD nam ogo are registered marks of ACORD INS025 ont4nn COMMENTS/REMARKS liability policy has a blanket additional insured endorsement as required by written contract per form 16-59f (05/04) . Blanket Waiver of Subrogation also applies to the General Liability (CG 24 04 10/93) and Auto Liability (17-59CA 06/94) as required by written contract. The Umbrella applies as per scheduled underlying insurance. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPPCIFCATION DOCUMENTS Revision:August 17,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................l 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology............................................................................................................... .....6 Article 2—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................................................................. ....................................... 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting.................................................................................................. ...8 ......................... 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent............................................................................ ..........8 ........................................................ 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.............................................................. ..........16 ............................................. 5.01 Licensed Sureties and Insurers........................................................ ...16 ........................................ 5.02 Performance, Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CH'V of FORT WoM Il STANDARD CONS I RUCTION SPECIFCATION DOCUMFiN'I S Revision:Au&,l 17,2012 6.02 Labor; Hours---------------'—.'--.--.--------''---..20 6.03 Services,Materials, and � -----------.—'--.--_----'--..20 6.04 Project Schedule..........................................................................................................................2l 6.05 Substitutes and ....... 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 OJU Laws and Regulations-----------------------------------.-27 kllTaxes...........................................................................................................................................28 6.12 Use o[Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................2V 6]4 Safety and Protection.............................................................................................................. ...2V 6.15 Safety Representative� --------''-----------'-----.-------.-30 6i16 Buzuoi Communication Programs .............................................................................................30 8]7 Emergencies and/or Rectification............................................................................................... 0 0.18 Submittals....................................................................................................................................3l tilqContinuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 021 Indemnification------------'----------.----------'---'33 d22Design Services..............................................................................34 623 Right 0oAudit................................................................................. ............................................34 6.24 --------------------------.--.----.---..35 Article 7—Other Work u1the Site...................................................................................................................35 TUlRelated Work u1Site................................................. .................................................................35 7.02 Coordination.............................................. .................................................................................3b Article 8—City's Responsibilities_-----------'------------------------36 8.01 Communications 0oContractor...................................................................................................3h 812 Furnish Data................................................................................................................................ 6 0.03 Pay When Due............................................................................................................................3h 8.04 Lands and Easements; Reports and Tests....................................................... ...........................3d 0.05 Change Orders.............................................................................................................................36 8.06 Inspections,� Tests,and Approvals--------------.—.—'----_---.--'36 8.07 Limitations noCity's Responsibilities-------------------------.---..37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program--------------------.---------37 ArdceV—Cdv`oCBsenmdooStazumDuriug Construction...........................................................................37 981 City's Project --------------------------'-----37 912 Visits hnSite................................................................................................................................37 9.03 Authorized Variations iuWork............................................................................................ .....38 9.04 Rejecting Defective Work..........................................................................................................38 4.05 Determinations for Work Performed..........................................................................................3Q 9.06 Decisions on Requirements o[Contract Documents and Acceptability o[Work.....................38 ,mmmmwORTH ,nno^xocownxcnmwSr,un*PION'mcumcNrS Article 10-Changes in the Work;Claims;Extra Work.....»....,..,»......».,........... .A.............................».....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.........................................................p..»..,.:,:...».».........»...................44 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work...................................................................................................,...........,..,......41 11.02 Allowances.............................................................................»...»..........................»M... . .»...,,.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....................................... .............................................................,.. 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........................................................ ..... ,...ft............ ..............55 14.06 Final Acceptance....................................».......:.».e..,:.....».....:.......:................,..»..:»».......».....55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination.....................................................,...,,..:,....... ,.......»..57 15.01 City May Suspend Work.......................................................................,....»».....,...............».....57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August I7,2012 Articlel7—Miscellaneous.......................................................................... ...................................................62 l7.01Giving Notice..............................................................................................................................62 17.02 Computation ofTimes................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 l7.04Survival of Obligations--------.-----.—.—.--.—.-----------------63 17.05 Headings................................................... ..................................................................................63 CITY orFORT WORTH STANDARD CONSTRUCTION nPEcIFCATmwDOCUMENTS 007200-1 General Conditions Page I of 63 ARTICLE 1-DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award-Authorization by the City Council for the City to enter into an Agreement. 6. Bid The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any,and the Bid Form with any supplements. 10. Business Day- A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw-City's on-line,electronic document management and collaboration system. 12. Calendar Day-A day consisting of 24 hours measured from midnight to the next midnight. CCI Y OF FOR IWORTH STANDARD CONS"IRUCNON SPFCIFCATION DOCUMENTS Revision:August 17,2012 J0 72 00-I 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. C1 OF FORT WORTH STANDARD CONSIRGCCION SPCCIFCAI ION DOCUMENTS Revision:August 17,2012 00 72 00-I General Conditions Page 3 of 63 25. Damage Claims - A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26.Day or day-A day, unless otherwise defined,shall mean a Calendar Day. 27. Director of Aviation - The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 28. Director of Parks and Community Services-The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas,or his duly appointed representative,assistant,or agents. 29. Director of Planning and Development - The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 30. Director of Transportation Public Works - The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department-The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work - Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time,or the intent of the Engineer. 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 FOR'P WORTH STANDARD CONS FRUCTIUN SPCCIPCA'I'ION DOCUMENTS Recision:Auphl 17,'_012 007200-1 General Conditions Page 1 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. iVfajor 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 defrlition of Drawings. (I I OFFOR WORT II STANDARD C'ONSTRCCI ION SPFCIF('ATION D)CI,NIF.NTS Revision:ALI,ua 17,2012