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Home My WebLink AboutContract 44645 + M ICRUM CONTRACT NO. FORTWORTH PROJECT MANUAL T FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CITY OF FORT WORTH CSJ NO. 0902-48-711 CITY PROJECT NO. 00124 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth OFFICIAL RECORD CjTY SECRETARY FEBRUARY 2013 ".VJOltTl#I YX Wn VED Jut 2 3108 ii ��E•OF•T F-�'tt�j CSJ:0902-48-711 *�•' ''4`rtrl City Project No.00124 l County:Tarrant l W CANNON R.HENRY•�'r ENGINEERSEAL .... ...........,..... th:Llo L , ,v�3 The enclosed Texas Departm t of Tr rta ' n Specifications,Special Specific 'ons,Special Provisions, General Notes and Specification Data in this document have been selected by me or under my responsible supervision as being applicable to this project. Alteration of a sealed document without proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act. 00 �cw ,, � .,. u �. i,E 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions `* 5 0005 10 Mayor and Council Communichtion 6 0005 15 Addenda ' 7 0011 13 Invitation to Bidders y 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 45 26 Contractor Compliance with Workers'Compensation Law 14 00 45 39 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 0061 13 Performance Bond 17 0061 14 Payment Bond 18 00 61 25 Certificate of Insurance 19 00 72 00 General Conditions 20 00 73 00 Supplementary Conditions 21 22 TxDOT Requirements 23 TX 01 Local Government Contract Components Checklist 24 TX 02 Disadvantaged Business Enterprise(DBE)Requirements 25 TX 03 Child Support Statement 26 TX 04 Disclosure of Lobbying Activities 27 TX 05 Non-Collusion Affidavit and Debarment Certification 28 TX 06 Buy America Provision 29 TX 07 Equal Employment Opportunity Certification 30 TX 08 Differing Site Conditions 31 TX 09 Prison Produced Materials A" 32 TX 10 Termination of Contract 33 TX 11 Subcontracting 34 TX 12 "Standard Specifications for Construction and Maintenance of Highways, Streets, 35 and Bridges—Adopted by the Texas Department of Transportation June 1, 2004" 36 —Included by Reference 37 TXDOT Special Provisions 38 000-003 Notice to All Bidders 39 000-004 Notice of Requirement for Affirmative Action to Ensure Equal Employment 40 Opportunity(Executive Order 11246) 41 000-006 Standard Federal Equal Employment Opportunity Construction Contract 42 Specifications(Executive Order 11246) 43 000-009 Certification of Nondiscrimination in Employment 44 000-011 Department Division and Mailing and Physical Addresses 45 000-1483 Notice of Changes to U.S.Department of Labor Required Payroll Information 46 000-1676 On-the-Job Training Program 47 000-1966 Disadvantaged Business Enterprise in Federal Aid Contracts 48 000-2329 Partnering 49 000-2332 Schedule of Liquidated Damages CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth T STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised December 20,2012 City Project No.00124 000000-2 TABLE OF CONTENTS Page 2 of 2 1 000-2607 Nondiscrimination 2 001-015 Definition of Terms 3 002-017 Instructions to Bidders 4 003-033 Award and Execution of Contract 5 004-017 Scope of Work 6 005-004 Control of the Work 7 006-030 Control of Materials 8 006-047 Control of Materials 9 007-918 Legal Relations and Responsibilities 10 008-119 Prosecution and Progress 11 009-009 Measurement and Payment 12 009-015 Measurement and Payment 13 14 Division 01 -General Requirements 15 01 1100 Summary of Work 16 01 2500 Substitution Procedures 17 01 31 19 Preconstruction Meeting 18 01 31 20 Project Meetings 19 01 32 16 Construction Progress Schedule 20 01 3233 Preconstruction Video 21 01 33 00 Submittals 22 01 35 13 Special Project Procedures 23 01 45 23 Testing and Inspection Services 24 01 50 00 Temporary Facilities and Controls 25 01 55 26 Street Use Permit and Modifications to Traffic Control 26 01 57 13 Storm Water Pollution Prevention Plan 27 0158 13 Temporary Project Signage 28 01 60 00 Product Requirements 29 01 66 00 Product Storage and Handling Requirements 30 01 70 00 Mobilization and Remobilization 31 01 7123 Construction Staking and Survey 32 01 74 23 Cleaning 33 01 77 19 Closeout Requirements 34 01 78 23 Operation and Maintenance Data 35 01 78 39 Project Record Documents 36 t 37 Technical Specifications 38 Solar Powered Water Level Monitor and Advance Warning System for Low Water Crossings 39 40 Appendix 41 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 42 GC-6.07 Wage Rates 43 GC-6.09 Permits and Utilities 44 GC-6.24 Nondiscrimination 45 GI-01 Blanket Categorical Exclusion(BCE)Environmental Checklist 46 GI-02 Sole Source Contract Approval,Texas Department of Transportation y 47 R 48 END OF SECTION CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS]No.0902-48-711 Revised December 20,2012 City Project No.00124 i City of Fort Worth Standard Specifications Division 00 - General Conditions i i i M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo,., N COUNCIL ACTION: Approved on 7/9/2013 DATE: 7/9/2013 REFERENCE NO.: C-26330 LOG NAME: 20SWM-HWWS- LPAFA CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with High Sierra Electronics, Inc., in the Amount of $1,561,516.00 for Installation of 38 High-Water Warning Systems at Various Locations in Fort Worth (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with High Sierra Electronics, Inc., in the amount of$1,561,516.00 for the installation of 38 high-water warning systems at various locations in Fort Worth. DISCUSSION: On May 18, 2010, (M&C C-24231)the City Council authorized the City Manager to execute a Local Project Advanced Funding Agreement(LPAFA)with the Texas Department of Transportation with City participation for drainage improvements at various locations in Fort Worth. This Mayor and Council Communication is necessary to authorize a contract with High Sierra Electronics to install the drainage improvements in accordance with the LPAFA. The work to be performed under this contract consists of the installation of 38 high water warning systems throughout the City, thereby expanding our current system from 15 to 53 sites. The City of Fort Worth received grant funding to partially fund this project through the Highway Trust Fund. This fund is administered through the Federal Highway Administration. The federal funds are passed through to the Texas Department of Transportation (TxDOT), which has the responsibility of managing and monitoring project development and use of the funds by the local project sponsors. The grant provides project funding on a reimbursement basis. The Federal participation in the project is $755,507.00 for construction. After paying the contractor, the City will be reimbursed for eligible expenses up to $755,507.00 and will be responsible for any cost overruns. M/WBE Office- MBE/SBE and TxDOT DBE-A waiver of the goal for DBE subcontracting requirements was requested by the Stormwater Management Division and approved by both the City and TxDOT DBE offices because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budgets, as appropriated, of the Grant Capital Projects Fund and the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers httn://anns.cfwnet.or¢/council vacket/mc review.asu?ID=18466&councildate=7/9/2013 7/23/2013 M&C Review Page 2 of 2 GR74 541200 020302341800 $1.095,000.00 P227 541200 201280012483 $466.516.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Johnny T. Jasper(7343) Y ATTACHMENTS HWWS and Proposed map locations.pdf r 4 R F R I F http://apps.cfwnet.org/couwX pw1Wmc ceview.aVI1 18466&councildate=7/9/2013 7/23/2013 00 11 13-1 INVITATION TO BIDDERS Page I of 4 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Construction of Drainage Improvements at Various Locations in the City of Fort Worth,CSJ No. 6 0902-48-711/City Project No. 00124 will be awarded via Sole Source Agreement. 7 8 Quotes are solicited for furnishing the merchandise,supplies,services and/or equipment 9 described in these contract documents.Completed quotes must be received by the City of Fort 10 Worth Purchasing Office: 11 12 City of Fort Worth 13 Purchasing Division 14 1000 Throckmorton Street 15 Fort Worth,Texas 76102 16 By XX:XX X.M. CST,DAY,MONTH DAY,2013. 17 18 Quotes must be faxed to(817)392-2433,addressed to Johnny Jasper,City of Fort Worth,and 19 contain the bid number and opening date clearly marked on the fax cover page.Late quotes will 20 not be considered for award unless bidders are notified otherwise.Quotes may be withdrawn at 21 any time prior to the official opening by written notification. Quotes may not be altered, 22 amended,or withdrawn after the official opening. 23 24 GENERAL DESCRIPTION OF WORK 25 The major work will consist of the(approximate)following: installation of 38 high water warning 26 systems throughout the City. 27 28 PREQUALIFICATION 29 <NOT USED> 30 31 DOCUMENT EXAMINATION AND PROCUREMENTS 32 <NOT USED> 33 34 PREBID CONFERENCE 35 <NOT USED> 36 37 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 38 City reserves the right to waive irregularities and to accept or reject bids. 39 40 FUNDING 41 The City of Fort Worth received grant funding to fund this project.The funding source is the 42 Highway Trust Fund administered by the Federal Highway Administration. Funding for the 43 project was appropriated by Congress as part of the FY2006 Federal Discretionary Program. The 44 federal funds are passed through to the Texas Department of Transportation(TxDOT),which has 45 the responsibility of managing and monitoring project development and use of the funds by the 46 local project sponsors. 47 The TxDOT grant provides project funding on a reimbursement basis.On October 16,2007,the 48 City Council approved the issuance and sale of bonds to fund the capital improvements associated CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.090248-711 Revised April 19,2013 City Project No.00124 00 11 13-2 INVITATION TO BIDDERS Page 2 of 4 1 with this grant. The proceeds from these bonds comprise the Storm Water Capital Projects 2007 2 Revenue Bond Fund. 3 INQUIRIES 4 All inquiries relative to this procurement should be addressed to the following: 5 Attn: Johnny Jasper, City of Fort Worth 6 Email: Johnn .Jasper@fortworthtexas.gov 7 Phone: (817) 392-7343 8 9 ADVERTISEMENT DATES 10 <NOT USED> 11 12 QUOTE SUBMISSION 13 Your quote must be submitted on this form. Freight and all other delivery charges shall be 14 included in the unit price(s) bid. The City is exempt from Federal Excise and State Sales Tax; 15 therefore, tax must not be included in the quote price. 16 17 Items quoted must meet or exceed specifications provided. Note that if the TxDOT special 18 provisions and specifications conflict with the General and Supplemental Conditions of these 19 contract documents,the TxDOT specifications and special provisions shall prevail. 20 21 The City of Fort Worth may consider and accept alternate bids if specified herein when most 22 advantageous to the City. The City reserves the right, however, to hold to the Specifications and 23 to determine "or equal" status. The City reserves the right to accept or reject in part or whole any 24 quote submitted, and to waive any technicalities for the best interest of the City. 25 26 The undersigned agrees, if the quote is accepted, to furnish any and all items upon which prices 27 are offered, at the price(s) and upon the terms and conditions contained in the specifications. The 28 period for acceptance of this proposal will be 90 calendar days (90 calendar days 29 unless a different period is inserted by the bidder) after opening date. 30 31 City of Fort Worth Standard Purchasine Terms and Conditions Shall Apply 32 33 Company Name & Address QUOTE EVALUATION 34 (Please write legibly) 35 The quote award shall be based on, but not 36 necessarily limited to, the following factors: 37 High Sierra Electronics, INC 1. Unit Price 38 2. Total Quote Price 39 155 Springhill Dr. 3. Terms and Discounts 40 4. Delivery Date 41 Suite 106 5. Results of Testing Samples 42 6. Special Needs and Requirements of the City 43 Grass Valley, CA 95945 7. Past experience with product/service 44 8. Vendor's past performance 45 Telephone no. ( 530 ) 273-2080 9. City's evaluation of the Vendor's responsibility 46 Fax no. ( 530 ) 273-2089 10. Demurrage charges, freight costs and mileage 47 11. Estimated cost of supplies, maintenance, storage, 48 12. Estimated surplus value CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised April 19,2013 City Project No.00124 001113-3 INVITATION TO BIDDERS Page 3 of 4 1 Signature: 2 E-mail Address: 3 Date: 7-17-13 4 F r R R CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.090248-711 Revised April 19,2013 City Project No.00124 ■ 0011 13-4 INVITATION TO BIDDERS Page 4 of 4 FORT WDRTHH, 1 2 3 4 HOW TO REGISTER WITH THE CITY OF FORT WORTH 5 6 7 => Visit www.fortworthgov.org 8 => Click on Departments 9 => Choose Become A Vendor 10 => Review Terms& Conditions 11 => Click I Accept These Terms to proceed 12 => At next screen,click No,I Want to Register 13 => Click Register 14 => The first registration pop-up asks for your Federal ID#or Social Security Number and 15 your company name. The company name MUST be the proper organization name and 16 the same as on invoices you would present for payment to the City of Fort Worth. 17 => Follow through the screens by clicking Continue/Save at the bottom of each screen. The - 18 last screen will ask for your commodities(products and/or services that can be provided 19 to the City). This information is used to send quotesibid opportunities to you by email 20 and is also required in order to keep your account active. 21 => Enter a key word search for unknown commodity codes(example:janitorial) 22 => An email address is required to register online 23 => If you selected"Certified Minority"you will be requested to provide a copy of your 24 Minority/Woman Owned Business certification 25 => Email a copy of your company's IRS W-9 Form to the City's registration administrator at 26 PurchasingBSO(&fortworthgov.org. Your registration will not be activated until a 27 completed W-9 is received and verified. Completed W-9's may also be faxed to the 28 vendor registration administrator at 817-392-7254. 29 30 Congratulations,you've registered!! 31 You will receive an email with your registration confirmation. 32 33 For any changes/edits to your vendor profile please email the vendor registration administrator at 34 Purchasin BSO(a)fortworth og v_org. 35 36 37 38 39 40 END OF SECTION CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.090248-711 Revised April 19,2013 City Project No.00124 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 ' 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you")to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 hqp://www.ethics.state.tx.us/forms/CIO;pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 F-71 CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 High Sierra Electronics, INC By: Tom Ogden 28 Company (Please Print) 29 30 155 Springhill Dr. Suite 106 Signature: pd-� 31 Address 32 33 Grass Valley, CA 95945 Title: Business Development Manager 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised March 27,2012 City Project No.00124 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. z Hloh �iem& J� IejroACc. r Trc Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. Ne knu--,n re11f-t. o^FhiPf Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? F-1 Yes a No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? F-1 Yes a No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? a Yes F-1No D. Describe each employment or business relationship with the local government officer named in this section. 4 Signature of person doing business 4th the governmental entity Date Adopted 06/29/2007 dw 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 . 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 �* 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. 00124. 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: 12 JrGrra L�f,��v»[h`�s, �ilJc By: �lLI-iU� C' r�yl r v'yc7/ 13 Company (Please Print) 14 15 /S�5 Sor',y ,! kr .4�c, Signature: 16 Address 17 18 6-rg-fs 11, Z I � /� / Title: 4,41 Gl q g q 5,4 19 City/State/Zip (Pl&se t) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 B UORE ME,the undersigned authority,on this day personally appeared 27 . C��Ce--E— ,known to me to be the person whose name is 28 subscribed to the fore oing instrument,and acknowledged to me that he/she executed the same as 29 the act and deed of U�E�Q c_for the purposes and 30 consideration therein ex sed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 33LA 20 34 35 36 37emm� Notary ublic in f r th to of Texas 38 STATE OF TEXAS y Comm.Exp July A 2016 39 CTION 40 ■ 9M CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised July 1,2011 City Project No.00124 w 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: Johnny Jasper Go:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Drainage Improvements at Various Locations in the City of Fort Worth City Project No.: 00124 Units/Sections: Solar Powered Water Level Monitor and Advance Warning System for Low Water Crossings 1. Enter Into Agreement The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with the City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property tc influence their participation in the bidding process or affect the execution of the Contract. 1 r CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48.711 IForm Revised 20120327 City Project No.00124 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. <NOT USED> 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 9C days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 4100 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Not Used e. Not Used f. Not Used g. Not Used h. Not Used 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 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. CIN OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Form Revised 20120327 City Project No.00124 0041 00 BID FORM Page 3 of 3 6.3. Total Bid $1,561,516.00 7. Bid Submittal This Bid is submitted on July 15,2013 by the entity named below. Respectfully sub J Receipt is acknowledged of Initial the following Addenda: By: Addendum No. 1: (Signature) Addendum No.2: Addendum No. 3: Tom Ogden Addendum No.4: (Printed Name) Title: Business Development Manager Company: High Sierra Electronics Corporate Seal: Address: 155 Springhill Dr. Suite 106 Grass Valley,CA 95945 State of Incorporation: CA Email: tomogden@highsierraelectronics.com Phone: (530)273-2080 END OF SECTION CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Form Revised 20120327 City Project No.00124 SECTION 00 42 43 BID SOLICITATION rNTACT. Johnrry T.Jasper817.392.734M3 Proposal dated 5/10/13 Fax 0:817-392-2403 Email-Johnny.hasper@fort>nrorlhtexas.gov DELIVERY REQUIRED: VENDOR INFORMATION: SHIPPING INFORMATION: Name; High Sierra Electronics Inc CtyafFort Worth TPW-Slorm Water Management Addnm' 155 Spring Hill D r+ Suite 10 6 1 000 Throdmoroon Steel City,stare zo Code. Grass Valley, CA 95945 Fort worth,Texas 76102 UNIT PRICE BID Bidder's Application DRAINAGTE IMPROVEMENTS AT VARIOUS LOCATIONS IN THE CRY OF FORT WORTH Bldders Proposal Bidlialt!term N Dasar�Ition �n UTA asrae at BW Unit Prise Did Vallis mMkv COMPLETE-Masex Gauging Station Assembly and Installation- Indudes:ALERT Data Tranam tie+housed in NEMA enclosure with iwo 1 batteries;Pressure Transdurm vd Desiopant Box,Solar Panst 44r10h 9999 EA 38 $13+597 $516+686 Aluminum Palo;Antenna and all other necessary and ineedental appoatus to complete a Master Gauging Station, COMPLETE-Advance Washing NOW Asserrilbly and Installadon -Includes:ALERT Controller Electronics Package mounted Walde 2 Locking Aluminum Cabinet;4—Inch Aluminum Pole;Concrete Break- 9999 EA 90 $10+697 $9Q+-M Aviary Base,8-Inch beacons;Solar Panel;Anterhns and all other necessary and Inhoedenlal appura6+s m complete a Advance Warning COMPLETE-Rain Gauge Station Asasmbly and Installation- 3 Includes:12-inch Oreios;Tipping Bucket and all carer necessary and 9999 EA 20 $ 8W $17+1WO incedental anvurgaig to cornfete a Flin Game Station. 4 FCC Li wm-Appkadon Processing 9999 LS $$+ $$r 5 Trawls Control 3471 13 MO 2 $3+r0 $7+0M MiscJSpeclial Excavation(As directed by and approv 8 ImspecladEng-eleer)--Line Item Is to be used for the special excavation 9998 EA 20 $1 � $ WD by the contractor that will be performed by manual means(herd)or + + plipinust 154d m I. iaa Utility DslRaents( directed by and approved by 7 InSpectorlEngineer)-Llne Item Is lo be used for the special relocation 9999 EA 10 f r n i he_C 'S ROW. + + Tow, IWI5 AGREE TO FURNISH ANY OR ALL OF TME nEW QUOTED AT THL PRIC1118 SHOWN. OUDTE MIST BE HFUD FIRM FOR PERIOD OF 00 DAYS, WEAGREE TO FURNISH ANY OR ALL OF THE fTM 0147®AT THE PRICES,SHOW t OUOTE MUST BE HELD FIRM FOR PERIOD OF 60 DAYS. TERMS OF PAYMENT: Net .30 Mm COMPANY: 1101 S1—qVd'hjqehprAqs, Inc. DELIVERY: __ 90 Pm@ m SIGNATURE: TELEPHONE NUMBER: 535-Z7-3 20ffl NAME AND TITLE: TXl On X n . �1S1TT�S Gilt [m OF FORT WORTH Drama Improwus enm-nu or Varios in Gey ar ren Worth STARDARD CONSTRUCTION SPECIFICATION DOCUMENTS aJ No.e9024a-711 Farm Revs"2MM120 Ctey"et No.=24 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on p/ is made by and between the City of Forth 5 Worth, a Texas home rule municipality, dairIg by and through its duly authorized City Manager, 6 ("City"), and High Sierra Electronics. Tn 7 authorized to do business in Texas, acting by and through its duly authorized representative, 8 ("Contractor"). 9 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 10 follows: 11 Article 1.WORK 12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 13 Project identified herein. The following documents are included by reference: 14 • Standard Specifications for Construction and Maintenance of Highways, Streets, and 15 Bridges—Adopted by the Texas Department of Transportation June 1,2004 16 • Texas Manual on Uniform Traffic Control Devices, 2011 Edition Revision 1,November 17 2012 18 • City of Fort Worth Standard Construction Specification Documents 19 Note that if the TxDOT special provisions and specifications conflict with the General and 20 Supplemental Conditions of these contract documents, the TxDOT specifications and special 21 provisions shall prevail. 22 Article 2.PROJECT 23 The project for which the Work under the Contract Documents may be the whole or only a part is 24 generally described as follows: 25 Drainage Improvements at Various Locations in the City of Fort Worth 26 City Project No.00124,CSJ No.0902-48-711 27 Article 3.CONTRACT TIME 28 3.1 Time is of the essence. 29 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 30 Documents are of the essence to this Contract. 31 3.2 Final Acceptance. 32 The Work will be complete for Final Acceptance within 90 days after the date when the 33 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902A8-711 Revised April 21,2013 City Project No.00124 005243-2 Agreement Page 2 of 4 34 3.3 Liquidated damages 35 Contractor recognizes that time is of the essence of this Agreement and that City will 36 suffer financial loss if the Work is not completed within the times specified in Paragraph 37 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 38 General Conditions. The Contractor also recognizes the delays, expense and difficulties 39 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 40 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 41 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 42 City in accordance with TxDOT Special Provision 000-2332,Schedule of Liquidated 43 Damages for each day that expires after the time specified in Paragraph 3.2 for Final 44 Acceptance until the City issues the Final Letter of Acceptance. 45 Article 4.CONTRACT PRICE 46 City agrees to pay Contractor for performance of the Work in accordance with the Contract 47 Documents an amount in current funds of see helaw Dollars 48 ($ 1.567,S16_m ). Qze ridllirn,five hind sixtycte thousand,five hurhed and sixteen cb1lars. 49 Article 5.CONTRACT DOCUMENTS 50 5.1 CONTENTS: 51 A. The Contract Documents which comprise the entire agreement between City and 52 Contractor concerning the Work consist of the following: 53 1. This Agreement. 54 2. Attachments to this Agreement: 55 a. Bid Form 56 1) Proposal Form 57 2) Vendor Compliance to State Law Non-Resident Bidder 58 3) Prequalification Statement 59 4) State and Federal documents(project specific) 60 b. Current Prevailing Wage Rate Table 61 c. Insurance ACORD Form(s) 62 d. Payment Bond 63 e. Performance Bond 64 f. Power of Attorney for the Bonds 65 g. Worker's Compensation Affidavit 66 h. MBE and/or SBE Commitment Form 67 3. General Conditions. 68 4. Supplementary Conditions. 69 5. Specifications specifically made a part of the Contract Documents by attachment 70 or, if not attached, as incorporated by reference and described in the Table of 71 Contents of the Project's Contract Documents. 72 6. Drawings. 73 7. Addenda. 74 8. Documentation submitted by Contractor prior to Notice of Award. 75 9. The following which may be delivered or issued after the Effective Date of the 76 Agreement and, if issued,become an incorporated part of the Contract Documents: 77 a. Notice to Proceed. CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.090248-711 Revised April 22,2013 City Project No.00124 005243-3 Agreement Page 3 of 4 78 b. Field Orders. 79 c. Change Orders. 80 d. Letter of Final Acceptance. 81 82 Article 6.INDEMNIFICATION 83 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 84 expense, the city, its officers, servants and employees, from and against any and all 85 claims arising out of,or alleged to arise out of, the work and services to be performed 86 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 87 under this contract. This indemnification provision is specifically intended to overate 88 and be effective even if it is alleged or proven that all or some of the damages being 89 sought were caused, in whole or in vart, by any act,omission or negligence of the city. 90 This indemnity provision is intended to include, without limitation, indemnity for 91 costs,expenses and legal fees incurred by the city in defending against such claims and 92 causes of actions. 93 94 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 95 the city,its officers,servants and employees,from and against any and all loss,damage 96 or destruction of property of the city,arising out of,or alleged to arise out of,the work 97 and services to be performed by the contractor, its officers, agents, employees, 98 subcontractors, licensees or invitees under this contract. This indemnification 99 provision is syecifically intended to overate and be effective even if it is alleged or 100 proven that all or some of the damages being sought were caused, in whole or inyart, 101 by any act,omission or negligence of the city. 102 103 Article 7.MISCELLANEOUS 104 7.1 Terms. 105 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 106 have the meanings indicated in the General Conditions. 107 7.2 Assignment of Contract. 108 This Agreement, including all of the Contract Documents may not be assigned by the 109 Contractor without the advanced express written consent of the City. 110 7.3 Successors and Assigns. 111 City and Contractor each binds itself, its partners, successors, assigns and legal 112 representatives to the other party hereto, in respect to all covenants, agreements and 113 obligations contained in the Contract Documents. 114 7.4 Severability. 115 Any provision or part of the Contract Documents held to be unconstitutional, void or 116 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 117 remaining provisions shall continue to be valid and binding upon CITY and 118 CONTRACTOR. CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised April 22,2013 City Project No.00124 005243-4 Agreement Page 4 of 4 119 7.5 Governing Law and Venue. 120 This Agreement, including all of the Contract Documents is performable in the State of 121 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 122 Northern District of Texas,Fort Worth Division. 123 7.6 Other Provisions. 124 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 125 classified, promulgated and set out by the State,a copy of which can be found in Appendix 126 GC-6.07. 127 7.7 Authority to Sign. 128 Contractor shall attach evidence of authority to sign Agreement, if other than duly 129 authorized signatory of the Contractor. 130 131 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 132 counterparts. 133 134 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 135 Contractor: City of F Hi Clh Ri arra El ectrnni r•G , Tnr - B S A Ia*ic Ft.w...J, Q B . 64k%-- Assistant City Manager 45p,60- AY (Signature) ' Date 17 $fid Tom Ogden Attest: c oa d (Printed Name) City Secretary r o o° 4 f (Seal) �°o�,, ooJ .d Title: Business Development Manager �dt.,Z.'��S°0 *q Address: 155 Spring Hill Drive, Suite 106 �nti:no44�' Gx'esg '41-1.eu; C-R gn4fr M&C C- 2633o Date: +-q-t'5 City/State/Zip: Grass Valley, CA 95945 pr ed s t Form and Legality: 07/17/2013 Date D Blas .Black Assistant City Attorney 136 137 138 APPROVAL RECOMMENDED: 139 140 OFFICIAL RECORD Q . L) 142 CITY SECRETARY •V 143 WOF"K,X Director, Department CITY OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised April 22,2013 City Project No.00124 r P , 006113-1 BOND-NO. 774658P PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 _ m_ 4 THE STATE OF TEXAS § -5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 Thatwe, High Sierra Electronics Inc known as 9 `Trincipal"herein and Developers Surety and Indemnity Company a corporate 10 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal 13 SIS of one m0ilon five hundred sixty-0ne thousand five hundred sixteen and non 00 Dollars 14 ($ 1,561,516.00 ),lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 16 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the 9 thday of July ,20_U which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to finnish all materials,equipment 21 labor and other accessories defined by law,in the prosecution of the Work,including any Change 22 Orders,as provided for in said Contract designated as DRAINAGE 1NIFROVEN[ENTS AT 23 VARIOUS LOCATIONS IN TEE CITY OF FORT WORTH,City Project No.00124, 24 CSJ No.0902-48-711. 25 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 28 specifications,and contract documents therein referred to,and as well during any period of 29 extension of the Contract that may be granted on the part of the City,then this obligation shall be 34 and become null and void,otherwise to remain in full force and effect. P Cr1'Y OF FORT WORTH Drainage Improvements at Various Locations in the City of Fort Wath STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJNo.090248-711 Revised July 2,2011 City Project Na 00124 006113-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall he in 2 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 18th day of 9 July ,2013 . 10 PRINCIPAL: 11 High Sierra Electronics, Inc. 12 13 �e J 14 BY: 4"`^ 15 Signature 16 ATTi; T �1 1 ,G. 1 cµ-- i/� (c V d•QV. Bus;�SS LZ/�r / j''74V Akl-%RR(' 19 ncipal)Secretary 1,Ame and Title 20 21 Address: 155 Spring Hill Drive 22 Suite 106 23 Grass Valley-CA 9529452 24 .25 fitness as to Principal 26 SURETY- 27 Developers Surety and Indemnity Company 28 _ 29 30 BY: 31 Signature 32 33 Daniel P.Curran,Attorney-In-Fact 34 Name and Title 35 36 Address: 1603 22nd Street 37 Suite 200 38 39 West Des Moines, IA 50266 40 Witness as to Surety Telephone Number: 800-774-9070 41 42 43 44 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. If 46 Surety's physical address is different from its mailing address,both must be provided. 47 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Drainago Improvements at yadons Locations in tho City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-48-711 Revised July 2,2011 City Pmjcct No.00124 Bond No. 774658P IMPORTANT NOTICE AVISO IMPORTANCE -To obtain information or make n complaint: Para obtener information o para someter una gneja: You may call the Surety's toll free telephone number Usted puede hamar al humero de telefono gratis de for information or to make a complaint at: para information o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: , Usted tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener information acerca de compa- coverage,rights or complaints at: Was,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 you may write the To=Department of Insurance at: Puede escribir al Departmento de Segum de Texas P.O.Box 149104, P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web:http:/hvww tdi.stgte.tx.us web:http://Www.tdi.statetx.us E-mail: ConsumerProtection@tdi.state.txus E-mail: ConsumerProtection@tdi.state-ixus PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the redamo,debe comunicarse con el Surety primero.Si dispute is not resolved,you may contact the Texas no se resuelve Ia disputa, puede entonces comuni- Department of Insurance. carrse con el departamento(TDI). ATTACH TMS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de information y no se couvierte en become a part or condition of the attached document parte o condition del documento adjunto. Insco Insurance Services,Inc. Underwriting Manager for: Developers Surety and indemnity Company a Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 1-800-782-1546 www.InscoDico.com ID-1404(T%)(Rev.7/07) ■ Developers Surety and Indemnity Company designates Becky Landry as Agent Resident in Texas to which any requisite statutory notices may be delivered and on which service of process may be had in matters arising out of suretyship. Becky Landry may be contacted at: Becky Landry,Surety Practice Lender Caito&Caito LLP 217 E. Houston Street Suite 100 San Antonio,TX 78205 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint: ***Daniel P.Curran, Mark J.Schwab, Robert D.S.Karll, Deanna L.Schwab,jointly or severally*** as its true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attomey to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this May 23,2013. By: , l GZ .��{ AND X4,,"'1 Daniel Young,Senior Vice-President JQ- POR••" 1.1 5 VOR 4 p�,••�y i `a r OCT. '_� 10 '0 6y. Gregg N.0 ice-President o� 19 3 6 _ �-1 /OW N,••'oda.' State of California County of Orange On May 23,2013 before me, Gina L.Garner,Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Gregg N.Okura Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of GINA L.GARNER which the person(s)acted,executed the instrument. COMM.a#2021213 NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY true and correct. My comm.e0res May 18.2017It �n��/ �'t�► WITNESS my hand and official seal. �/� � Place Notary Seal Above Signature ,/�f�y�,•`j'F�" Gina L.Garner,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 18th day of July 2013 . By: Mark J.Lansdon,Assistant Secretary ID-1438(Rev.05/13) 006114-1 PAYMENT BOND BOND NO.774658P Pogo 1 oft 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, High Sierra Electronics, Inc. known as 9 `T'rincipal"herein, and Developers Surety and Indemnity Company a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 13 In the penal SAM Of one million five hundred sixty-one thousand five hundred skteen and no1100 Dollars 14 ($ 1,561,516.00 .), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas,for the payment of which sum well and truly be made,we bind ourselves, 16 our heirs,executors,administrators,successors and assigns,jointly and severally,Firmly by these 17 presents: 18 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 19 9th day of July , 20 13 which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, 21 labor and other accessories as defined by law,in the prosecution of the Work as provided for in 22 said Contract and designated as DRAINAGE IMPROVEMENTS AT VARIOUS LOCATIONS 23 IN THE CITY OF FORT WORTH,City Project No.00124,CSJ No.0902-48-711. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any(and aft) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under 27 the Contract,then this obligation shall be and become null and void; otherwise to remain in full f28 force and effect 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in , 31 accordance with the provisions of said statute, 32 CITY OF FORT WORTH Drainage Improvaements at Venous Locations in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ No.0902-0-711 Revised July 1,2011 City Project No.00124 006114-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 18th day of 3 July %2013 4 PRINCIPAL: High Sierra Electronics, Inc. ATTEST: BY: Signature Q,... �✓►l tl�v� UJsN¢ssV�dC/a�h?'�v►I y/•ncg� (Pr' Ci al)Secretary Name and Title Address: 155 Spring Hill Drive Suite 106 Grass Valley,CA 95945 fitness as to Principal SURETY: Developers Surety and Indemnity Company ATTEST: BY: /U Signature Daniel P.Curran,Attorney-In-Fact (Surety)Secretary Name and Title Address: 1603 22nd Street Suite 200 West Des Moines, IA 50266 Witness as to Surety Telephone Number: 800-774-9070 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 ti CITY OF FORT WORT[I Drainage Improvements at Various Loca6cm in the City of Fort Worth STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CS]No.0902-48-711 Revised July 1,2011 City Project No.00124 Bond No. 774658P IMPORTANT NOTICE AVISO IMPORTANCE -To obtain information or make a complaint: Para obtener informcl n o para someter una queja: You may call the Surety's toll flee telephone number Usted puede Hamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 1-800-782-1546 You may also write to the Surety at: . Usted tanbien puede escribir a Surety at: P.O.Box 19725 P.O.Box 19725 Irvine,CA 92623-9725 Irvine,CA 92623-9725 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies, de Texas para obtener information acerca de compa- coverage,rights or complaints at: nias,coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance at: Pnede escribir al Departmento de Seguros de Texas P.O.Boa 149104. P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 web:http://wwwtdf.stgte.tx us web:http://www.tdi.statetK.us E-mail:ConsumerProtection@tdi.state.txus E-mail: ConsumerProtection@tdi.statetx.us PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS O RECLAMOS: have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si dispute is not resolved,you may contact the Texas no se resuelve la disputa, puede entonces comuni- Department of Insurance. carrse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA:Este aviso es solo This notice is for information only and does not para proposito de information y no se convierte en become a part or condition of the attached document parte o condition del documento a4junto. 1nSCqhjI:® insco insurance Services,Inc. Underwriting Manager for: Developers Surety and indemnity Company o Indemnity Company of California 17780 Fitch, Suite 200 Irvine,CA 92614 1-800-782-1546 www.InscoDico.com ID-1404(TX)(Rev.7/07) Developers Surety and Indemnity Company designates Becky Landry as Agent Resident in Texas to which any requisite statutory notices may be delivered and on which service of process may be had in matters arising out of suretyship. Becky Landry may be contacted at: Becky Landry, Surety Practice Lender Caito & Caito LLP 217 E. Houston Street Suite 100 San Antonio,TX 78205 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby make,constitute and appoint: ***Daniel P.Curran, Mark J.Schwab, Robert D.S.Karll, Deanna L.Schwab,jointly or severally*** 1 as its true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation,as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporation could do,but reserving to each of said corporation full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY,effective as of January 1st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,any Executive Vice-President,Senior Vice-President or Vice-President of the corporation be,and that each of them hereby is,authorized to execute this Power ofAfforney,qualifying the attorneys)named in the Power of Attomey to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; , RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its officers and attested by its Secretary or Assistant Secretary this May 23,2013. By: I gifZGt�1 ��,( AND fid„ Daniel Young,Senior Vice-President ;.>Q p OR `° `q.'40 �41F �y= r OCT. `;< Ewi` 10 By. Z1,144 o':: 1936 3 Gregg N.0 ice-President State of Californiaa County of Orange '"""" On May 23,2013 before me, Gina L.Garner,Notary Public Date Here Insert Name and Tide of the Officer personally appeared Daniel Young and Gregg N.Okura Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of GINA L.GARNER 1J which the person(s)acted,executed the instrument. o - - COMM.#2021213 :9 NOTARY PUBLIC CALIFORNIA; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY ng true and correct. j� My comm.expires May 18,2017 it WITNESS my hand and official seal. Place Notary Seal Above Signature Gina L.Gamer,Notary Public CERTIFICATE The undersigned,as Secretary orAssistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby certify that the foregoing Power of Attomey remains in full force and has not been revoked and,furthermore,that the provisions of the resolution of the Board of Directors of said corporation set forth in the Power of Attomey are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 18th day of July 2013 . By: Mark J.Lansdon,Assistant Secretary ID-1438(Rev.05/13) HIGHS10 OP ID:CD CERTIFICATE OF LIABILITY INSURANCE 1 DATE / 07!/1818/22013013 ) 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). CONTACT PRODUCER Phone:916-488-3100 NAME: InterWest Insurance ServicesFax:916-979-7992 PHONE — FAX License#OB01094 A/c No Ext): AIc No): P.O.Box 255188 E-MAIL Sacramento,CA 95865-5188 ADDRESS: Paul Merlo INSURERS AFFORDING COVERAGE NAIC 0 INSURER A:Admiral Insurance Company 24856 INSURED High Sierra Electronics, Inc. INSURERS:The Hartford 22357 155 Springhill Dr.Suite 106 INSURER C:Fireman's Fund Insurance Co 21873 Grass Valley,CA 95945 - - - -- -- -- INSURER D:Travelers P/C Co of America 25674 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. r IOLICY EFF POUCYEXP LTR TYPE OF INSURANCE POLICY NUMBER MM/ DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENT A X COMMERCIAL GENERAL Ll BILITY X X CA00001553803 02/15/2013 02/15/2014 PREMISES Ea occurrence) ccurrence $ 100,00 CLAIMS-MADE 1 OCCUR MED EXP(Any one person) $ 5,00 X ded$6,000 PERSONAL 8 ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,0011 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,0 e POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1 00p00 Ea accident B ANY AUTO X X 67UECUV6768 09/12/2012 09/12/2013 BODILY INJURY(Per person) $ ALLOWNED ri SCHEDULED BODILY INJURY(Per accident) $ HRDAUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident _ s X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 s C EXCESS LIAR CLAIMS-MADE SSE00024314858 02/15/2013 02/15/2014 AGGREGATE $ 2,000,00 DED I I RETENTION$ $ WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LWBILITYI ER D ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N I X UB1183P495 12/12/2012 12/12/2013 E.L.EACH ACCIDENT $ 1,000,00 r OFFICERIMEMBER EXCLUDED? N f A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under 1,000 00 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , ■ DESCRIPTION OF OPERATIONS/LOCATIONS IF VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Included as additional insured (as the interest of each entities may appear) as required by a written contract or written agreement that is an "Insured Contract", endorsement attached. General Liability additional insured with primary wording and waiver of subrogation applies. Automobile Liability additional insured with waiver of subrogation applies. Workers Compensation CERTIFICATE HOLDER CANCELLATION FOR1000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Attn :Johnny Jasper 10000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth,TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD. HOLDER CODE FOR1000 HIGHS10 PAGE 2 INSURED'S NAME High Sierra Electronics,Inc. OP ID:CD DATE 07/18/13 giver of subrogation applies to California and Texas per attached. I t I I Policy Number.( CA00001553803 CG 20 10 07 04 Effective Date:102/15/2013 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,.LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under'Ihe following! COMMERCIAL GENERAL LIABILITY COVE•RAGEPART. . i` SC.HF,DL:LF. Name Of Additional Insured Person(s)';. Or Or anizatina s : Location s'Ot'Covered Operations Any person or organisation that is an owner or real property All locations otherwise covered by this insurance or personal property on which you are performing ongoing operations,or a contractor on whose behalf you are ` perronning ongoing operations,but only ircoverage as an additional insured is required by a written contract or written agreement that is an "insured contract",and .. ...:....:. provided that the"bodily injury"," " P y�to j ry property damage or ..'. .. ..... "personal&advertising injury"first occurs subsequent to the execution of the contract oragreement 11001-matioiii »nred'to cdail lete'tlAs Schediilii if not.shown Above wilt-be shown in the Declarations.- A. SeFtioiFaf=4Vhd1s An,X�Psured.i9 ttrrtt nded to `'' `This insuraflcedoes.flor apply lt;"Ciodily:injury"or iticlude'as sin adtiitiorial insured the person(s)or "property damage"occurring after: organization(s)shone in the Schedule,but only with 1. All work,including materials,parts or equipment respect to liability for"bodily injury","property furnished in connection with such work,on the damage"or"personal and advertising injury"caused, project(other than service,maintenance or in whole or in part,by: repairs)to he performed by or on behalf of the 1. Your acts or onn issions;or additional insured(k)at the location of the 2. The acts or omissions of those acting on your covered operations has been completed;or behalf, 2. That portion of"your work"out of which the in the performance of your ongoing operations for the injury or damage arises has been put to its additional insured(s)at the location(s)designated intended use by any person or organization other above. than another contractor or subcontractor engaged in performing operations for a principal as a pan A. With respect to the insurance afforded to these of the same pmjeet. additional insureds,the following additional exclusions apply: CG 20 10 07 04 01SO Properties,Inc.,2004 Page 1 of 1 C3 Policy Number:CA00001553803 AD 06 57 12 03 F,ffective Date:1 02/15/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING:.INSURANCE ENDORSEMENT'...:.:' This endorsement modifies insurance provided tinder,lhe I'oliowirtg:` COMMERCIAL GENERAL LIABILITY COVf-RAGE PART ANY PERSON OR ORGANIZATION QUALIFYING AS`AN INSURED 11NflER."t1:1fs ADDITfONAL INSURED - OWNERS,LESSEES OR CONTRACTORS ENDORSEMENT FORM CQ::201b-IftIMAft- ACHELf TO THM POLICY It is agreed that Commercial General Liability Coverage 2) Whn,requires by specific written contract that this Form CO 00 01 Section N paragraphs 4.h.and 4.c.do not:,.:..`.'::.: .' in is to he prnriary and/benon-contributory apply with respect to other valid and collectible Commer- to ntlierwalid anti:collec ible.ii>Burance available to cial General Liability insurance,whether primary or excess, Lut person%organicatign, available to the person m-ogaubmtion shown in the Sched- Tlus'�hdr�rsemetri'doe Uo..--o range the scope or coverage the'peison or organization by any Additional ule and: provided 1) Who is an insured under an Additional Insured- Insured endorsement. O%mers, Lessees or Contractors endorsement at- tim All othee ters and conditions retnant unchanged,,.._ tr taelied t:fltiii;.pol�cy:and::; A I li r AD 06 57 12 03 Pagc 1 of 1 Policy Number:i CA00001553803 CG 24 04 0.5 09 F,tTective Date:102/15/2013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS:.:OFRECOVERY AGAINST OTHERS TO:US. This endorsement tnodifics insurance provided undcralic following: CONN- E'RCTAL GENERAL LTABTLTTY COVERAGE'VART . PRODUCTS/COMPLE•TED OPERATI(.)NS;LI.ABILIT'Y CQVERAGE.�.A'RT Tame Of Person Or Organization.- Any rganization:Any person or organization,but only if the following condition are met: ._.:: a.You have expressly agreed to the waiver in a written contriict entered into by you;and b.The injury or damage occurs subsequent to the executlou dl llic wiltte>a,contract. tInforination req aired to complete this Schedule if not shown above will be shown in the Declarations. The following is ndcleri•;to Paragrapli:�R.Trat#�fer pf ing Quit of your,orig�iiig operations or"yodr work"done Rights(;lt Rtcokory r\geiiist Q(Ite s To 1111 of l5cctbn under a cotiu ct.with Ghat petisiiu br organization.an 1V—Conditions inchided in the"products-completed operadops;lwzard". We waive any ri lrAf reooveay we may htt a against the:-:: _ This waiver opplie ally Tn the pet son nr.organization person or organization shown in the Schedule above shown in the Schedule above. because of payments we make for injury or damage atis- CG 24 04 05 09 Vinstaance Services Office,Inc.,2008 Page 1 of 1 0 High Sierra Electronics Inc Policy#57UECUV5768 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other c provisions of the Coverage Form,the provisions of this endorsement apply. 0 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or CD %0 Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. n Declarations is amended to include: C. Lessors as Insureds N (1) Any legal business entity other than a Paragraph A.1.-WHO IS AN INSURED-of o partnership or joint venture, formed as a Section II-Liability Coverage is amended to Ln subsidiary In which you have an add: * ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form.OEM "auto" i5 leased to you under a written � However, the Named Insured does not agreement ifinclude any subsidiary that is an a "insured" under any other automobile (1) The agreement requires you to policy or would be an "insured" under provide direct primary insurance for the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The"auto"is leased without a driver. (2) Any organization that is acquired or Such a leased 'auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership. However, "auto"you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (a) That is a partnershi or mt (1) Paragraph A.1.-WHO IS AN INSURED p )0 - of Section Il - Liability Coverage is venture, amended to add: (b) That is an "Insured"under any other f. When you have agreed, in a written policy, contract or written agreement,that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy,or an additional insured on your (d) 180 days or more after its business auto policy,such person or acquisition or formation by you, organization is an"insured",but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily _ Coverage does not apply to bodily injury" or"property damage"caused injury" or "property damage"that results by the conduct of an"insured"under from an "accident" that occurred before paragraphs a. or b. of Wio Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a Paragraph A.I.-WHO IS AN INSURED-of covered"auto," SECTION II - LIABILITY COVERAGE is amended to add: C 2011,The Hartford(Includes copyrighted material Form HA 9916 03 12 of ISO Properties,Inc.,with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non-Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1) During the policy period,and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract,and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non-Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement;or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations, seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs(3)and (4)do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. {3) Additional Insureds Other Insurance When this insurance is excess, we will have^o duty to defend the insured against any suit if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or"suit" those other Insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any,that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other that this insurance Is primary and non- Insurance would pay for the loss in the contributory with the additional insured's absence of this insurance;and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and self-insured amounts under all that other insurance. Suit or Loss you have agreed in a written contract We will share the remaining loss, if any, by the If Ifwritten agreement that another method described in Other Insurance 5.d. or person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an"auto"you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ®2011,The Hartford(Includes copyrighted material Forth HA 99 16 03 12 of ISO Properties,Inc.,with its permission.) Page 2 of 5 i If an "employee's" personal insurance also 5. PHYSICAL DAMAGE - ADDITIONAL applies on an excess basis to a covered "auto" TEMPORARY TRANSPORTATION EXPENSE hired or rented by your "employee" on your COVERAGE behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee's" personal DAMAGE COVERAGE is amended to provide a insurance, limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. EXCLUSION 5. - FELLOW EMPLOYEE - of 6. LOAN/LEASE GAP COVERAGE SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGE apply if you have workers' compensation COVERAGE, in the event of a total "loss" to a insurance in-force covering all of your covered "auto",we will pay your additional legal "employees". obligation for any difference between the actual Ln Coverage is excess over any other col ectible cash value of the "auto" at the time of the"loss" � insurance. and the"outstanding balance"of the loan/lease. C) 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you If hired "autos" are covered "autos" for Liability owe on the loan/lease at the time of"loss" less Q Coverage and if Comprehensive, Specified any amounts representing taxes; overdue Causes of Loss, or Collision coverages are payments; penalties, interest or charges � provided under this Coverage Form for any resulting from overdue payments; additional Ln "auto" you own, then the Physical Damage mileage charges;excess wear and tear charges; Coverages provided are extended to"autos"you lease termination fees; security deposits not hire or borrow, subject to the following limit, returned by the lessor; costs for extended `v warranties, credit life Insurance, health, accident o The most we will pay for "loss" to any hired or disability insurance purchased with the loan or '^ "auto"is: tease; and carry-over balances from previous * ry- (1) $100,000; loans or leases. a. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the"loss";or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property, COVERAGE,the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown s deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductlble applies to"loss"caused g, ELECTRONIC EQUIPMENT - BROADENED by fire or lightning. Hired Auto Physical Damage COVERAGE coverage is excess over any other collectible insurance. Subject to the above limit,deductible a. The exceptions to Paragraphs 6.4 - and excess provisions, we will provide coverage EXCLUSIONS - of SECTION Ill-PHYSICAL ® equal to the broadest Coverage applicable to any DAMAGE COVERAGE are replaced by the covered"auto"you own. following: We will also cover loss of use of the hired "auto" Exclusions 4.c. and 4.d. do not apply to if it results from an "accident", you are legally equipment designed to be operated solely liable and the lessor incurs an actual financial by use of the power from the "auto's" _s loss, subject to a maximum of $1000 per electrical system that, at the time of"loss", "accident". is: This extension of coverage does not apply to (1) Permanently installed in or upon any "auto" you hire or borrow from any of your the covered"auto"; "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in , or members of their households. or upon the covered"auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs(1) and(2)above;or ®2011,The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc.,with its permission.) Page 3 of 5 (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered"auto"or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's"operating system. the same"accident",the following applies: b.Section III — Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible,it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Auto the Business Auto Coverage Form, Physical Coverage Form is not the smaller (or Damage Coverage, Limit of Insurance, smallest) deductible, it will be reduced by Paragraph C are each amended to add the the amount of the smalfer (or smallest) following: deductible. $1,500 is the most we will pay for"loss"in 12. AMENDED DUTIES IN THE EVENT OF any one "accident" to all electronic ACCIDENT,CLAIM,SUIT OR LOSS equipment(other than equipment designed The requirement in LOSS CONDITIONS 2.a. - solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM, accessories used with such equipment) SUIT OR LOSS - of SECTION IV- BUSINESS that reproduces, receives or transmits audio, visual or data signals which, at the AUTO CONDITIONS that you must notify us of time of"loss",is: an"accident"applies only when the"accident"is known to: (1) Permanently installed in or upon the covered "auto" in a housing, (1) You,if you are an individual; opening or other location that Is not (2) A partner,if you are a partnership; normally used by the "auto" (3) A member, if you are a limited liability manufacturer for the installation of company;or such equipment; (4) An executive officer or insurance manager,if (2) Removable from a permanently you are a corporation. Installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSE in Paragraph 2.a. above or is an HAZARDS integral part of that equipment;or If you unintentionally fail to disclose any hazards (3)An integral part of such equipment. existing at the inception date of your policy, we c.For each covered "auto",should foss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO-COVERAGE TERRITORY stolen electronic equipment will be reduced by the applicable deductible shown in the Paragraph e. of GENERAL CONDITIONS 7. - Declarations, or $250, whichever deductible is POLICY PERIOD, COVERAGE TERRITORY - less. of SECTION IV - BUSINESS AUTO 9. EXTRA EXPENSE - BROADENED CONDITIONS is replaced by the following: COVERAGE e. For short-term hired "autos", the coverage Under Paragraph A.-COVERAGE-of SECTION territory with respect to Liability Coverage is III - PHYSICAL DAMAGE COVERAGE, we will anywhere in the world provided that if the pay for the expense of returning a stolen covered "insured's"responsibility to pay damages for "auto"to you. "bodily injury" "or „property"damage" is determined in a suit, the suit is brought in 10. GLASS REPAIR-WAIVER OF DEDUCTIBLE the United States of America, the territories Under Paragraph D.-DEDUCTIBLE-of SECTION and possessions of the United States of III - PHYSICAL DAMAGE COVERAGE, the America, Puerto Rico or Canada or in a following is added: settlement we agree to. No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV- Under Paragraph D.-DEDUCTIBLE-of SECTION BUSINESS AUTO CONDITIONS is amended by III - PHYSICAL DAMAGE COVERAGE, the adding the following: following is added: ®2011,The Hartford(includes copyrighted material Form HA 9916 03 12 of ZO Properties, Inc.,with rts permission,) page 4 of 5 We waive any right of recovery we may have c.Regardiess of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss"is$10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to "Bodily injury" means bodily injury, sickness or move the auto but does not include autos disease sustained by any person, including powered solely by electricity or natural gas. mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these, internal combustion engine and one or more 0 17. EXTENDED CANCELLATION CONDITION electric motors; and that uses the internal c Paragraph 2. of the COMMON POLICY combustion engine and one or more electric CONDITIONS - CANCELLATION - applies motors o move the auto, or the internal o combustion engine to charge one or more except as follows: electric motors,which move the auto. �+ If we cancel for an reason other than o y 19. VEHICLE WRAP COVERAGE nonpayment of premium, we will mail or deliver to the first Named Insured written notice of In the event of a total loss to an "auto"for which cancellation at least 60 days before the effective Comprehensive, Specified Causes of Loss, or date of cancellation. N Collision coverages are provided under this 18. HYBRID, ELECTRIC, OR NATURAL GAS Coverage Form, then such Physical Damage N Q Coverages are amended to add the following: VEHICLE PAYMENT COVERAGE "' In addition to the actual cash value of the"auto", In the event of a total loss to a "non-hybrid"auto we will pay up to$1,000 for vinyl vehicle wraps for which Comprehensive, Specified Causes of which are displayed on the covered"auto"at the Loss, or Collision coverages are provided under this Coverage Form, then such Physical time of total loss. Regardless of the number of Damage Coverages are amended as follows: autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for aAf the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of$2,500, of the"non-hybrid"auto's not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of"loss," affls �m (0 2011,The Hartford/includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc.,with its permission.) Page 5 of 5 TRAVELERSAW WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 43 76( A)- 001 POLICYNUMBER: (IJUB-1183P49-5-12) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREEN IN A WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS TO PROVIDE THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 10-26-12 ST ASSIGN: Page 1 of 1 A TRAVELERS J WORKERS COMPENSATION AND ONE TOWER SQUARE HARTFORD CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 42 03 04(A) - 001 POLICY NUMBER: (I JUS-1183P49-5-12) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization Q* Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 9e!!eu O� 2. Operations: b� OT• 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations describe. o� 4. Advance Premium: $SEE SCHEDULE DATE OF ISSUE: 10-26-12 ST ASSIGN: Page 1 of 1 oae7a2 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'S Revision:Aught 17,2012 6.02 Labor;Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 _ 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work.................................................................................. ............ .........32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities.......................................... ............. ................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 T 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work....................................................... ..............38 _ 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS r Revision:Aum 17,2012 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values.................... 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution ..........................................61 ............................................................................ 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Augu417,2012 Article17—Miscellaneous..............................................................................................................................62 —. 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bial-The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City-- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney–The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 1 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. .� MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aug*17,2012 007200-1 General Conditions Page 3 of 63 25.Damage Claims — A demand for money or services arising from the Project or Site from a third parry, 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. MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. d+ 39. General Requirements—Sections of Division 1 of the Contract Documents. MR 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. E 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, go 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 dft jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or dft personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon _ timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed-A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard Me conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans–See definition of Drawings. Cn Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 3 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising ., the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be fudged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule,prepared and maintained by Contractor, allocating portions IP of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and IN certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. ti CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions �* Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent- The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. .� 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater,storm water, other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours-Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day-A working day is defined as a day,not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. - 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination b will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials,equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time,Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 00 7200-1 , General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. d% No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. am 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting *• Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor., documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents,or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification,manual, or code, or(c)any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 y 00 72 00-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). ' 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents - A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Augustt 17,2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard ilk copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for e permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted,and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:AuSO17,2012 00 72 00-1 44 General Conditions Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized- Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees,agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such _ other data,interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any"technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents;or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; i b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City,during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 00 72 00-1 General Conditions Page 14 of 63 IVA Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to .w which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. Ak 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property - monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners,employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 00 7200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and(iii) notify City(and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 00 72 00-1 General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attomey-in-fact must be accompanied by a sealed and dated power of attorney _ which shall show that it is effective on the date the agent or attomey-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. -- CITY OF FORT WORTH STANDARD CONSTRUCTION SPECTFCATION DOCUMENTS Revision:Augst 17,2012 007200-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period,whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In JT CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENT'S Revision:August 17,2012 00 7200-1 d% General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense,to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/Operations, independent contractors, products/completed operations,personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto" defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences,and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012