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HomeMy WebLinkAboutContract 44689 F0 Cffy SfMTARY q ibaum NO-iy� DO CO"FW- FORT WORTHcomum CON"UCTMP"wom PROJECT MANUAL IPW FU W" FOR THE CONSTRUCTION OF HMAC SURFACE OVERLAY (2013-6) At Various Locations r City Project No. 02126 r Betsy Price Tom Higgins Mayor City Manager r Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department r Prepared by r The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2013YM 14 683.5 OFFICIAL RECORD RECE F PS RMEP -- V" w RY FT.WOMIX �&C Review http://apps.cfwriet.org/council_packet/mc review.asp?ID=1865.., Official site of the City of Fort Worth, Texas CITY COUNCIL AGENDA FOR7W?R]'H"''1/" DATE: 7/16/2013 REFERENCE NO.: **C-26338 LOG NAME: 20HMAC SURFACE OVERLAY 2013-6 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Advanced Paving Acquisition, Ltd., in the Amount of $1,422,004.00 for Hot Mix Asphaltic Concrete Surface Overlay 2013-6 on Hulen Street Between Bellaire Drive to SH 183 (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Advanced Paving Acquisition, Ltd., in the amount of$1,422,004.00 for Hot Mix Asphaltic Concrete Surface Overlay 2013-6 on Hulen Street between Bellaire Drive to SH 183. DISCUSSION: This project is a part of the Contract Major Maintenance Program which provides for the rehabilitation of deteriorated streets. Various pavement repair techniques are utilized depending upon the type of street surface and level of deterioration. Funding for this contract is included in the Contract Street Maintenance Fund. The project was advertised for bid in the Fort Worth Star-Telegram on April 25, 2013 and May 2, 2013. On May 23, 2013, the following bids were received: Bidder Amount Advanced Paving Acquisition, Ltd. $1,422,004.00 Peachtree Construction, Ltd. $1,501,610.00 JLB Contracting, LLC $1,607,144.25 The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. MNVBE Office: Advanced Paving Acquisition, Ltd., is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. TO Fund/Account/Centers FROM Fund/Account/Centers Df 2 7/16/2013 9:33 AM AW Review http://apps.cfwnetorg/counciL_packet/mc review.asp?ID=1865... C293 541200 $1,422,004.00 203620212683 Submitted for City Managees Office by: Femando Costa (6122) Oriainatina Department Head: Douglas W Wiersig (7801) Additional Infomnation Contact: Kristian Sugdm (8902) ATTACHMENTS 20HLIA `013_5 MAP PAGE 1.r di x of 2 7/16/2013 9:33 AM 00 00 00-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders P W 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Pre-qualifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 - General Requirements 28 01 1100 Summary of Work 29 01 31 19 Preconstruction Meeting 30 01 3120 Project Meetings 31 01 32 16 Construction Progress Schedule 32 01 3233 Preconstruction Video 33 01 45 23 Testing and Inspection Services 34 01 5000 Temporary Facilities and Controls 35 01 5526 Street Use Permit and Modifications to Traffic Control 36 01 58 13 Temporary Project Signage 37 01 70 00 Mobilization and Remobilization 38 01 7123 Construction Staking 39 01 7423 Cleaning 40 0177 19 Closeout Requirements 41 01 7839 Project Record Documents 42 43 Division 02-Existing Conditions 44 0241 15 Paving Removal 45 46 Division 31 -Earthwork 47 3123 16 Unclassified Excavation 48 49 Division 32-Exterior Improvements CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02126 Revised November 9,2011 I Ab 000000-2 TABLE OF CONTENTS Page 2 of 2 1 32 01 29 Concrete Paving Repair 2 32 1123 Flexible Base Courses dft 3 3212 16 Asphalt Paving 4 32 1273 Asphalt Paving Crack Sealants 5 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 6 3213 73 Concrete Paving Joint Sealants 7 32 16 13 Concrete Curb and Gutters and Valley Gutters 8 32 17 23 Pavement Markings 9 3291 19 Topsoil Placement and Finishing of Parkways 10 3292 13 Hydro-Mulching,Seeding,and Sodding 11 12 Division 33-Utilities 13 3305 14 Adjusting Manholes, Inlets,Valve Boxes, and Other Structures to Grade 14 3305 17 Concrete Collars[To be completed in early 2012.] 15 16 Division 34-Transportation 17 3471 13 Traffic Control 18 19 Technical Specifications listed below are included for this Project by reference and can be 20 viewed/downloaded from the City's Buzzsaw site at: 21 22 hhipt s://yrojepVoint.buzzsaw.com/client/fortworthgov/Resources/02%20- 23 %20Construction%2ODocuments/Specifications 24 25 Division 99—Special Technical Specifications 26 9999.0001 Miscellaneous Construction 27 28 Appendix 29 GC-4.01 Availability of Lands 30 GC-4.02 Subsurface and Physical Conditions 31 GC-4.04 Underground Facilities 32 GC-4.06 Hazardous Environmental Condition at Site 33 GC-6.07 Wage Rates 34 GC-6.09 Permits and Utilities 35 GC-6.24 Nondiscrimination 36 GR-01 60 00 Product Requirements 37 SP-01 Special Provisions 38 END OF SECTION CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.02126 Revised November 9,2011 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of l 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler.• For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] ' 8 9 10 11 12 1� 13 14 15 16 17 18 19 20 END OF SECTION CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 P dft 000515-1 ADDENDA Page 1 of 1 1 SECTION 00 05 15 2 ADDENDA 3 M& 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 MM 10 Mft 11 12 Mft 13 14 15 Mk 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 " 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of HMAC SURFACE OVERLAY(2013-6), 02126,will be 6 received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,May 23,2013, and bids will be opened publicly and read aloud 13 at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 250 S.F. Remove and Replace Existing Concrete Driveway 76,540 S.Y. 2"HMAC Surface Course,Type D 280 L.F. Remove and Replace Existing Curb&Gutter 20,420 S.Y. Concrete Pavement Wedge Milling 1,700 S.Y. Concrete Surface Milling 3,450 S.Y. Remove&Replace 7"Concrete Pavement 575 S.Y. 6"Flex Base,Type A,GR-2 17 PREQUALIFICATION 18 The improvements included in this project, which require prequalification,must be performed by 19 a contractor who is prequalified by the City at the time of bid opening. The procedures for 20 qualification and prequalification are outlined in the Section 00 21 13 —INSTRUCTIONS TO 21 BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortworthyov.orgipurchasing/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buz zsaw site.The 27 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 28 suppliers. 29 30 Copies of the Bidding and Contract Documents may be purchased from: 31 Pamela Forehand, 817-392-7913, City of Fort Worth,Transportation and Public Works, 1000 32 Throckmorton St., Fort Worth, TX 76102 33 34 The cost of Bidding and Contract Documents is: $30.00 35 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: Tuesday,May 14,2013 5 TIME: 9:00 A.M. 6 PLACE: Transportation and Public Works, 1000 Throckmorton St.,RM#: 270,Fort 7 Worth,TX 76102 8 LOCATION: Municipal Building, 2nd Floor _ 9 10 11 CITY"S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 INQUIRIES 15 All inquiries relative to this procurement should be addressed to the following: 16 Attn: Kristian Sugrim,City of Fort Worth 17 Email: Kristian.Sugrim@fortworthtexas.gov 18 Phone: 817-392-8902 19 20 ADVERTISEMENT DATES 21 April 25, 2013 22 May 2,2013 23 24 END OF SECTION CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 I3-I INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 hMs://pro %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 °�20Contractor%20Prequalification%2OProj ram/PREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PAV ING%2000NTRACTORS.PDF?pubi is 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 3.1.3.Water and Sanitary Sewer—Requirements document located at; 47 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 an 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 2 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 3 45 11,BIDDERS PREQUALIFICATIONS. 4 5 3.2.1. Submission of and/or questions related to prequalification should be addressed to 6 the City contact as provided in Paragraph 6.1. 7 8 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 10 bidder(s)for a project to submit such additional information as the City, in its sole 11 discretion may require, including but not limited to manpower and equipment records, 12 information about key personnel to be assigned to the project, and construction schedule, 13 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 14 deliver a quality product and successfully complete projects for the amount bid within 15 the stipulated time frame.Based upon the City's assessment of the submitted 16 information, a recommendation regarding the award of a contract will be made to the 17 City Council. Failure to submit the additional information, if requested,may be grounds 18 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 19 notified in writing of a recommendation to the City Council. 20 21 3.4.In addition to prequalification, additional requirements for qualification may be required 22 within various sections of the Contract Documents. 23 24 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 25 ML 26 4.1.Before submitting a Bid, each Bidder shall: 27 28 4.1.1. Examine and carefully study the Contract Documents and other related data r 29 identified in the Bidding Documents(including"technical data" referred to in 30 Paragraph 4.2. below).No information given by City or any representative of the 31 City other than that contained in the Contract Documents and officially 32 promulgated addenda thereto, shall be binding upon the City. 33 34 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 35 site conditions that may affect cost,progress,performance or furnishing of the l 36 Work. 37 38 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 39 progress,performance or furnishing of the Work. 40 41 4.1.4. 42 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 43 contiguous to the Site and all drawings of physical conditions relating to existing 44 surface or subsurface structures at the Site(except Underground Facilities)that 45 have been identified in the Contract Documents as containing reliable "technical 46 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 47 at the Site that have been identified in the Contract Documents as containing 48 reliable "technical data." 49 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 _ Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 y 10 4.1.7. Perform independent research, investigations,tests,borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request,City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations,tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former k' 16 conditions upon completion of such explorations,investigations, tests and studies. I 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation,research,tests,explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder has made the investigation,examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 36 37 4.2.1, those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures(except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data"contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) '~ 10 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods,techniques,sequences or +� 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents, (iii)that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos, Polychlorinated 23 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities,construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Kristian Sugrim,Transportation&Public Works 15 Fax: 817-392-8092 16 Email: Kristian.Sugrim@Fortworthtexas.govPhone: 817-392-8902 17 18 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 19 City. 20 21 Addenda or clarifications may be posted via Buzzsaw at: 22 6.3.hgps://proiectpoint.buzzsaw.com/client/fortworthgov/Infrastructure°/`20Proiects/02126%20- 23 %20HMAC%20Surface%200verlay%20%282013-6%29> 24 25 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 26 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 27 Project. Bidders are encouraged to attend and participate in the conference. City will 28 transmit to all prospective Bidders of record such Addenda as City considers necessary 29 in response to questions arising at the conference. Oral statements may not be relied 30 upon and will not be binding or legally effective. 31 32 7. Bid Security 33 34 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 35 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 36 the requirements of Paragraphs 5.01 of the General Conditions. 37 38 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 39 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 40 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 41 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 42 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 43 other Bidders whom City believes to have a reasonable chance of receiving the award 44 will be retained by City until final contract execution. 45 46 8. Contract Times 47 The number of days within which,or the dates by which, Milestones are to be achieved in 48 accordance with the General Requirements and the Work is to be completed and ready for 49 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 50 attached Bid Form. 51 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS +r. Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract, if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal" items. M% 7 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 0125 00 of the General Requirements. • 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate. The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 24 opening date.The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required. All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. M„ 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. ]1 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 t 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder, and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. r 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids. After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may, at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An i 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance T 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. r 10 11 17. Evaluation of Bids and Award of Contract 12 r 13 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 14 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price, contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs, maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility, qualifications,and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. r 48 49 17.4. Contractor shall perforin with his own organization, work of a value not less than 50 35%of the value embraced on the Contract, unless otherwise approved by the City. 51 CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 — Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 2 responsive Bidder whose evaluation by City indicates that the award will be in the 3 best interests of the City. 4 5 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 6 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 7 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 8 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 9 comparable contract in the state in which the nonresident's principal place of i 10 business is located. 11 12 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 13 to be awarded, City will award the Contract within 90 days after the day of the Bid 14 opening unless extended in writing. No other act of City or others will constitute 15 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 16 the City. 17 18 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 19 20 18. Signing of Agreement 21 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 22 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 23 Contractor shall sign and deliver the required number of counterparts of the Agreement to 24 City with the required Bonds, Certificates of Insurance, and all other required documentation. 25 City shall thereafter deliver one fully signed counterpart to Contractor. 26 P 27 28 29 END OF SECTION CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised November 27,2012 00 35 13 BID FORM Page 7 of 7 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City")procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. htto:/twww.ethics.state.tx.us/f`orms/CIQ.r)df http://www.ethics.state.b(.ustforms/CIS.pd 0 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary O CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Advanced Paving By: Sam Garre 2257 Joe Field Rd. Signature.: Dallas,TX 75229 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 2013-6 Proposal Workbook 0041 00 BID FORM Page 1 of 7 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: HMAC SURFACE OVERLAY(2013-6) MULTIPLE LOCATIONS City Project No.: 2126 Units/Sections: PAVEMENT IMPROVEMENT 1. Enter Into Agreement ' The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, 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 to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2013-6 Proposal Workbook 004100 BID FORM Page 2 of 7 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: HMAC Surface Overlay Heavy Maintenance and all items directly associated with the paving. a. b. C. d. 4. Time of Completion 4.1 The Work will be complete for Final Acceptance within 80 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 3513 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120327 2013-6 Proposal Workbook 0041 00 BID FORM Page 3 of 7 6.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> Total Base Bid<use this if applicable,otherwise delete> $0.00 Alternate Bid<use this if applicable,otherwise delete> $0.00 Deductive Alternate<use this if applicable,otherwise delete> $0.00 Additive Alternate<use this if applicable,otherwise delete> $0.00 Total Bid $1,422,004.00 7. Bid Submittal This Bid is bmitted on Month Day,Year by the entity named below. Respectfully submi d 1 % Receipt is acknowledged of Initial � the following Addenda: By: /6Addendum No. 1: SG (Signature) Addendum No.2: Addendum No.3: Sam Garrett Addendum No.4: (Printed Name) Title: President Company: Advanced Paving Corporate Seal: Address: 2257 Joe Field Rd. Dallas,TX 75229 State of Incorporation: Email: sgarrettCo�advancedpavingco.com Phone: 972-245-0000 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 2013-6 Proposal Workbook 00 05 15-1 ADDENDA Page 1 of I 1 SECTION 00 05 15 2 ADDENDA No.l 3 4 5 The Contract and documents for this project are hereby revised or amended to clarify the 6 following: 7 8 Section 00 42 43—Proposal Form: 9 10 Bidlist Item No. 2 —Remove/Replace Concrete Panel & Curb; has been changed. It I 1 should read: Remove Concrete Pavement at 3450 S.Y. ' 12 13 Bidlist Item No. 9—Remove and Replace 7" Concrete Pavement; has been changed. 14 It should read: 7" Concrete Pavement at 3450 S.Y. ' 15 16 Bidlist Item No. 13 —Unclassified Street Excavation; has been changed. It should 17 read: 96 C.Y. instead of 575 C.Y. ' 18 19 Bidlist Item No. 15—Joint Sealant; has been removed. 20 21 Please acknowledge receipt of this addendum by signing and inserting into your proposal 22 at the time of bidding. Failure to return a signed copy of this addendum may be grounds 23 for rendering the bid as nonresponsive. 24 25 26 Receipt Acknowledges: 27 28 29 By: By: 30 31 32 END OF SECTION CITY OF FORT WORTH HMAC SURFACE OVERLAY{: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1.2011 00 42 43 BID PROPOSAL SECTION 00 42 43 Page 4 of 7 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Item No. Description Bid Quantity Unit Price Bid Value Section No. Measure 1 3305.0108 Miscellaneous Adjustments(Utilities) 00 05 08 LS -- 1 ____$_6q_0_0-00 ____ $6 000.00 ---- - 2 0241.1000 Remove Concrete Pavement_ _ __ 02 41 15 SY 3450 -$8.80 $30 360.00 -. 3 9999.0000 Butt Joint Milling(Concrete) 0241 15 EA 9 $27500 $2 475.00 4 3212.0303 3" Asphalt Pavement Type D 32 12 16 SY 76540 $12.30 $941,442.00 5 3305.0111 Water Valve Box Adjustments(w/Steel-Riser)-- - 33 0514 _ EA -- 2 - $200.00 $400.00 6 3349.0101 Manhole Adjustments(w/Steel Riser) 33 49 10 -EA 3 $300.00 $900.00 7 9999.0000 Concrete Pavement Wedge Milling 0241 15 SY 20420 _ $3.10 $63,302.00 8 9999.0000 Concrete Pavement Surface Milling 0241 15 SY 1700 $5.50_____A9,350.00 9 3213.0102 7"Concrete Pavement 02 41 15 SY 3450 $66.00 $227,700.00 10 3211.0122 6"Fles Base,Type A,GR-2 32 11 23 SY _ _ 575 - $35.00 $20,125.00 11 0241.4001 Remove and Replave 10'Curb Inlet 6241-i4 EA 5 $6,600.00 $33,000.00 12 0241.4003Remove and Replave 20'Curb Inlet 02 41 14 EA - 1 $9,350.00 $9,350.00 13 3123.0101 Unclassified Street Excavation- 312316 CY 96 $25.00_--$2,400.00 14 9999.0000 HMAC Pavement Level Up TN 75 $120.00 $9,000.00 15 3212.0900 Rout and Crack Seal(Concrete Hot Pour,non silicone) 32 13 73 LF 4200 $1.00 ___$4 200.00 -__ _._.._ _. -- 16 3471.0001 Traffic Control(Portable Message Board for Hulen St.) 3471 13 LS _ 2 -- $2,000.00 $4,000.00 - 17 9999.0000 Miscellanious Construction LS 1 58 000.00 $58,000.00 Bid Summary Base Bid Total Base Bid Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deductive Alternate Bld Additive Alternate Bid Total Additive Atteenate Bid Total Bid 1 $1,422,004.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 2013-6 Proposal Workbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 5 of 7 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas)bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: Advanced Paving By: Sam r tt { 2257 Joe Field Rd. (Signature) Dallas,TX 75229 Title: President Date: 5b END OF SECTION CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 2013-6 Proposal Workbook 00 45 12 BID FORM Page 6 of 7 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Surface Overlay Heavy Maintenance and all items Advanced Paving directly associated with the paving. 0 0 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Advanced Paving By: Sa rrett 2257 Joe Field Rd. ��/ (Signature) Dallas, TX 75229 Title: President Date: 1 L 3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120120 2013-6 Proposal Workbook 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 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.01820. 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 C?TTRACT(?A I A( d�►) 12 jvk- wl�''G U f 1 By:_ J 13 Company (Ple 14 in I 15 � �X Signature: 7/4�� 1Ei A dress 17 18 W JV � _ Title: 19 City/State/Zip (Please t) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE-ME, a undersigped authority,on this day personally appeared 27 ,known to me to be the person whose name is 28 subscribed to the fo o�i/n instrument,and ackn wled ged to me that he/she executed the same as 29 the act and deed of /Z=' for the purposes and 30 consideration therein expressed and in th6 caps ]ty therein stated. 31 `7A 32 G ER MY HAND AND SEAL OF OFFICE this —� ' day of 33 20 34 35 7 36 37 N&M6 PublicY anfor the State of Texas 38 39 END OF SECTION BECKY SEALE ,,� er rasp.: `: Notary Public,State of Texas �i My Commission Exxpiirres 201 40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000,then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is$50,000 or less,then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 10%of the total bid(Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The—f eror shall Ut p ie documentation m persott 'ithe appropriate{employee of the man aging department and obtain a date/time receipt. Such reCetpt Shall be evtdence,ttiat1heFCity received1he,,docUm6enfatlonir'}h time allocated <'A faxied:cd wil(,not be,acceptbd: 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE,WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 212-2674. Rev. 5/30/12 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on July 16, 2013 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and ADVANCED PAVING ACQUISITION, LTD., authorized to do business in 7 Texas,acting by and through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is a 15 generally described as follows: 16 HMAC SURFACE OVERLAY(2013-6) 17 02126 18 Article 3.CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 110 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised August 17,2012 , 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of ONE MILLION FOUR HUNDRED TWENTY 40 TWO THOUSAND FOUR DOLLARS AND ZERO CENTS($1,422,004.00). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: , 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds ' 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 , CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised August 17,2012 005243-3 Agreesnent Page 3 of 4 75 Article 6.INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of,the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to overate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act,omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 Provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article I of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. P CITY OF FORT WORTH HMAC Surface Overlay(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised August 17,2012 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 128 it Cor:/ CES I� �'�� M LCity of Fort Worth By: Fernando Costa By: Assistant City Manager (Signa e) Date Attest: _ (Printed Name) City S creA5dry Title: � � (Seal) Vol? . Address: d� - X38 v M&C C ZIt 8 Date: '1 I t. I3 ° �C? Ci /State/Zi V Approved as to Form and Legali AS Date rn�cl,tll krct Assistant City Attorney 129 130 131 AVJ28,OVAL RECOMMENDED: 132 I \ , ` 133 l (N, �J 134 Douglas A.Wiersig,P.E. 135 DIRECT 136 Transportation&Public Works 137 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH HMAC Surface Overlay(2013.6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised August 17,2012 ISSUED IN FOUR(4)COUNTERPARTS 0061 13-1 PERFORMANCE BOND BOND NUMBER: 4391989 Page I oft 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § I 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 I8 That we,Advanced Paving Acquisition,Ltd.,known as"Principal"herein and 9 SURETEC INSURANCE COMPANY ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created I12 pursuant to the laws of Texas, known as"City"herein,in the penal sum of,ONE NIILLION 13 FOUR HUNDRED TWENTY TWO THOUSAND FOUR DOLLARS AND ZERO CENTS 14 (St,422,004.00),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, 1 16 executors,administrators,successors and assigns,jointly and severally, firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 16 day of July,2013,which Contract is hereby referred to and made a part hereof for 19 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders,as 21 provided for in said Contract designated as HMAC SURFACE OVERLAY(2013-6),02126. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. C[TY OF FORT NORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 l This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duty authorized agents and officers on this the 24th day of 6 July ,2013 7 PRINCIPAL: 8 Advanced Pa jq Acquia4o Ltd. 9 ]0 11 BY: 12 _jyignature 13 ATTEST: 1415 16 (Principal)Secretary Name and Title 17 18 Address: 2257 Joe Field Rd. 19 Dallas, TX 75229-3326 20 21 22 Witn ss as to P ' cipal 23 SURETY: 24 SureTec Insurance Company 25 26 27 BY: 28 Signature 29 30 V.DeLene Marshall,Attorney-In-Fact 31 Name and Title 32 33 Address: 13330 Post Oak Blvd.,Suite 1100 34 Houston,TX 77056 35 36 37 Witness as to Surety Telephone Number: 800-732-0099 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013.6) STANDARD CONSTRUCTION SPECIFICATION DOC(TMENTS 02126 Revised July 1,2011 I0061 14-1 ISSUED IN FOUR(4)COUNTERPARTS PAYMENT BOND Page]of 2 IBOND NUMBER:4391989 1 SECTION 00 6114 I 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Advanced Paving Acquisition, Ltd„ known as "Principal" herein, and 9 SURETEC INSURANCE COMPANY m, a corporate surety II 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein I 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the I 13 penal sum of ONE YMLION FOUR HUNDRED TWENTY TWO THOUSAND FOUR 14 DOLLARS AND ZERO CENTS($1,422,004.00), lawful money of the United States, to be paid 15 in Fort Worth,Tarrant County,Texas, for the payment of which sum well and truly be made,we ` 16 bind ourselves,our heirs, executors, administrators, successors and assigns,jointly and severally, I17 firmly by these presents; i 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 19 16 day of 111y,2013,which Contract is hereby referred to and made a part hereof for all purposes 20 as if fiilly set forth herein, to furnish all materials, equipment, labor and other accessories as 21 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 22 1 MAC SURFACE OVERLAY(2013-6),02126. I 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the I29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in ' 30 accordance with the provisions of said statute. CiTY OF FORT NORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 24th day of 3 July .2013 4 PRINCIPAL: Advanced Pavin Ac uisiti td. ATTEST: BY:. �7 Signature rprinci^all eccreta Name an le / Y , ry d Tit Address:2257 Joe Field Rd. n Dallas,TX 75229-3326 Witness as to incipal SURETY: SureTec Insurance Company n ATTEST: BY: gna re V. DeLene Marshall,Attorney-In-Fact (Surety) Witness Name and Title Address: 13330 Post Oak Blvd., Suite 1100 Houston,TX 77056 Witness as to Surety Telephone Number: 800-732-0099 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 CITY OF FORT NORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 0061 19-) BOND NUMBER:4391989 MAINTENANCE13OND ISSUED IN FOUR(4)COUNTERPARTS Page 1 of 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Advauced Paving Acquisition,Ltd., known as"Principal"herein and 9 SURETEC INSURANCE COMPANY_ ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein,in the sum of ONE 13 MILLION FOUR HUNDRED TWENTY TWO THOUSAND FOUR DOLLARS AND 14 ZERO CENTS($1.422,004.00), (awfill motley of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 16 day of July,2013,which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as HMAC SURFACE OVERLAY(2013-6),02126; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need thereof at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH HMAC SURFACE OVERLAY(2013.6) STANDARD CONSTRUCTION SPECIFICATION DOCIJMHNTS 02126 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being home by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division;and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 20 21 22 23 24 25 26 27 CITY Or FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 1 IN WITNESS WIIEREOF, the Principal and the Surety have each SIGNED and SEATED this 2 instrument by duly authorized agents and officers on this the 24th day of 3 July , 20 13 4 5 PRICIP AL 6 AdNnceA it n, Ltd. 7 8 9 BY: 10 'gra •e I l ATTEST:12 0, , } 14 (Principal)Secretary Name and Title 15 16 Address: 2257 Joe Field Rd. 17 /1 Dallas, TX 75229-3326 18 19 20 Witniss as tocip yn 21 SURETY: 22 Sure?ec Insurance Company _ 23 24 25 BY: 26 a 27 28 V. DeLene Marshall, Attorney-In-Fact 29 ATTEST: Name and Title 30 31 �E ��; .� Address: 13330 Post Oak Blvd., Suite 1100 32 (Suretty)_AMie Witness Houston, TX 77056 33 34 35 Witness as to Surety Telephone Number: 800-732-0099 36 37 *Note: If signed by all officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY Or FORT WORTH HMAC SURFACE OVERLAY(2013-6) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02126 Revised July 1,2011 POA N: 4221097 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Lisa M.Bonnot,Robbi Morales,Jerry P.Rose,Don E.Cornell, Ricardo J.Reyna,V.DeLene Marshall its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate sea] of the Company and.duly attested by its Secretary, hereby rallifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2015 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 10e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. r A SURETEC INSURANCE COMPANY wt w D John 40Xresident State of Texas ss: 9l 1 y:J County of Harris ` ,r On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. JACQUELYN MALDONADO Notary Public State of Texas My Comm,Exp.5/1812017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 1,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this o day of Cf� �, A.D. Bre t Beaty,Assistant secretary „ Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day betweer e:00 am and 5:00 pr.1 CST. w SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact-the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Rev. 1-1-06 DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 07/22/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i PRODUCER NCONTACT AME: Dan Thomas/Wendy VanOrden ScarbroughMedlin & Associates Inc. PHONE 2Il4.423.3333 214.423.3350 AIC No Ext: A/C No 5700 Granite Pkwy, #500 E-MAIL ADDRESS: wend scarbroug h-medlin.com Plano, TX 75024 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: EMC/Employers Mutual Casualty INSURED Advanced Paving Acquisition Ltd. INSURERS: Service Lloyds Ins. Company DBA: Advanced Paving Co. INSURER C: 2257 Joe Field Road INSURER D: Dallas, TX 75229 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2013-14 Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCEADDL POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MWDD/YYYY MM/DD/YYYY GENERAL LIABILITY 4D2696 04/26/2013 04/26/2014 EACH OCCURRENCE E 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence E 300,00 CLAIMS-MADE ®OCCUR MED EXP(Any one person) E 5,00 A X Contractual Liab. PERSONAL&ADV INJURY E 1,000,00 X XCU Not Excluded GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIM IT APPLIES PER: PRODUCTS-COM P/OPAGG E 2,000,00 r POLICY X JERCT LOC $ AUTOMOBILE LIABILITY 4E2696 04/26/2013 04/26/2014 Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) E A ALLOWNED SCHEDULED BODILY INJURY(Per accident) E AUTOS AUTOS NON-MNED HIREDAUTOS AUTOS Per accident $ $ X UMBRELLA LIAB X OCCUR 4J2696 04/26/2013 04/26/2014 EACH OCCURRENCE E 5,000,004 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,00 DED I X I RETENTION$ 10,000 $ WORKERS COMPENSATION SRZE22036-1 04/26/2013 04/26/2014 X AND EMPLOYERS'LIABILITYTORY LIMITS ER B OFFICEWMEMBEREXCLUDED?ECUTIVE� N/A E.L.EACH ACCIDENT E 1,000,00 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,AddMonal Remarks Schedule,H more space Is required) : RMAC Surface Overlay 2013-6 Project No. 02126 lanket Additional Insured & Blanket Waiver of Subrogation as respects General Liability & Auto iability only when required by written contract. Blanket Waiver of Subrogation as respects Workers' ompensation only when required by written contract. CERTIFICATE HOLDER CANCELLATION FAX: 817.392.6672 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 AUTHORIZED REPRESENTATIVE 311 W 10th Street Fo t Worth, TX 76102 Rod Medlin/WLO ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD PDF created with pdfFactory Pro trial version www.i)dffactory.com Advanced Paving Acquisition,Ltd.dba Advanced Paving Policy:4D26967 Term: 04/26/2013 -04/26/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT—AGGREGATE LIMITS OF INSURANCE(PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section 111) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services OPf ee,Inc.with Its permisslon. Form C07429(Ed.11-98) Copyright,Insurance Services Office,Inc.,1984 Advanced Paving Acquisition,Ltd.dba Advanced Paving Policy: 4D26967 Term:04/26/2013 -04/26/2014 COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - VICARIOUS LIABILITY This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART _ SCHEDUL E• Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT Project: Location of Project: "If no entry appears above,information required to complete this endorsement will be shown In the Declarations as aRplicable•to this endorsement. A. SECT10N If—WHO IS AN INSURED Is amended "Vicarious liability" as used in this to include as an additional Insured'the person or endorsement means liability that is imposed organlzatlon shown in the Schedule, but only with. on the additional insured solely by virtue of its respect to 'bodily injury", "property damage" or . relationship with you, and not due to any act 'personal and advertising injury'caused, in whole, or omission of the additional insured, by., 2. This insurance does not ° apply to 'bodily t. Your acts or omissions;or injury'or"property damage'occurring after. 2. The acts or omissions of those acting on your a. All work, including materials, parts or behalf in the performance of your ongoing equipment furnished in connection with operations for the additional Insured at the such work, on the project (other than location designated above. service, maintenance or repairs) to be B. With respect to the insurance afforded to this performed by or on behalf of the additional insured,the following exclusions apply: additional insure(&) at the location of the covered operations hes been completed; This insurance does not apply to: or 't. "Bodily injury","property damage"or"personal b. That portion of'your work' out of which and advertising Injury" resulting from any act the injury or damage arises has been put or omission by, or willful misconduct of the to its intended use by any person or additional Insured shown in the Schedule, organization other than another contractor whether the sole or a contributing cause of the or subcontractor engaged in performing loss. The coverage afforded to,the additional operations for a principal as a part of the Insured is limited solely to the additional some project. insured's "vicarious liability' that is a specific and direct result of your conduct. CGT480(M) includes copyrighted material of 160 Propertlea,Inc.with its permission. Page 1 of 1 Advanced Paving Acquisition,Ltd. dba Advanced Paving Policy:4D26967 Term:04/26/2013 -04/26/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS-- INCLUDING COMPLETED OPERATIONS -- PRIMARY AND NONCONTRIBUTORY BASIS This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS MUMED BY WRTITEN CONTRACT EXECUTED PRIOR TO THE BODILY ENMY&ROPERTY DAMAGE Project: Location of Project: (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section iI—Who Is An Insured Is amended to include as an additional insured the person or organization shown in the Schedule,but only with respect to.liability arising out of'your work'performed for that additional insured at the location designated and described in the Schedule of this endorsement, The insurance provided to the person or organization shown in the Schedule is Primary insurance and we will not seek contribution from any other insurance available to that additional insured. CG7193,1(1.06) Includes copyrighted material of ISO Properties,Inc.with Its permission. Page 1 of 1 Advanced Paving Acquisition,Ltd. dba Advanced Paving Policy:4D26967 Tenn:04/26/2013-04/26/2014 TEXAS CHANGES -- AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement rnodifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE UABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part,we agree to mall prior written notice of cancellation or material change to: SCHEDULE 1. Name: BLANKET—AS REQUIRED BY WRITIM CONTRACT 2, Address: 3, Number of days-advance notice: 30 (P) information required to complete this Schedule, 1f not shown above,will be shown In the Declarations. (*Excr,PT 10 DAYS IN *= EVENT OF NON—P,F ymxNT oI` PRM-L M.) CG 02 06 12 04 0) ISO Properties, Inc„ 2003 Page 1 of 1 Advanced Paving Acquisition,Ltd.dba Advanced Paving Policy:4D26967 Tenn:04/26/2013-04/26/2014 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMERCIAL GENERAL LIABILITY CONDITIONS)is deleted and replaced by the following: We waive any right cf recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the"products-completed operations hazard", CG7555(11-04) Includes copyrighted material of 180 Properties,Inc.with Its permission. Page 1 of 1 Advanced Paving Acquisition,Ltd.dba Advanced Paving Term:04/26/2013-04/26/2014 POLICY NUMBER: 4E26967 COMMERCIAL AUTO GA 04 03 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. TEXAS ADDITIONAL INSURED This endorsement modifies insurance provided under the following: 13USINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respeot to coverage provided by this endorsement,the provisions of the Coverage Form apply unless mod). fled by the endorsement. This endorsement changes the policy effective on the Inoeption date of the policy unless another date is indicated below. Endorsement Effective: 04/26/2013 Countersigned 6y: Named Insured:Advanced Paving Acquisition,Ltd. Authorized Rtpresentativej SCHEOULE Natne and Address of Additional Insured: Pianlot-Any Person or Organization for whom the Named Insured has agreed by written contract (it no entry appears above,Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) A. Who is An Insured (Section I() is emended to C.You are authorized to act for the additional insured Include as an insured"the person(s) or organize- named In the Schedule or Declarations in all mat- tion(s) shown In the Schedule, but only with re- ters pertaining to this insurance. spect to their legal liability for acts or omissions of b. We will mail the additional insured named in the a person for whom liability Coverage Is afforded Schedule or Declarations notice of any cancella- under this policy. tion of this policy. If we cancel, we will give 10 B. The additional insured named In the Schedule or days notice to the additional Insured. Declarations is not required to pay for any premi- E. The additional insured named in the Schedule or ums stated in the policy or earned from the policy, Declarations will retain any right of recovery as a Any return premium and any dividend, If applica- claimant under this policy. ble,declared by us shall be paid to you. CA 04 03 08 04 0 180 Properties,Inc., 2003 Page 1 of 4 Gi • Advanced Paving Acquisition,Ltd.dba Advanced Paving Policy:4E26967 Term:04/26/2013-04/26/2014 COMMERCIAL AUTO " THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET WAiVER OF SUBROGATION WHEN REQUiRED IN A WRITTEN GONTRAGT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FOf2M MOTOR CARRIER COVERAGE FORM The TRANSFER OF RIGHTS OF RECOVERY 1, "Garage operations" means the ownership, AGAINST OTHERS TO US Condition Section is maintenance or use of locations for garage added to and replaced by the following: business and that portion of the roads or other We waive any right of recovery we may have against accesses that adjoin these locations. "Garage any person or organization against whom you have operations" includes the ownership, agreed to waive such right of recovery in a written maintenance or use of the"autos indicated in agreement or written contract because of payments Section I of this Coverage Form as covered we make for injury or damage arising out of your "autos'. "Garage operations' also include all ongoing operations or"work you performed" under a operations necessary or incidental to a garage written contract or written agreement with that person business. or organization and included in the "Garage 2. "Work you performed"includes: Operations". a. Work that someone performed on your A. The following definitions are added to the behalf;and Definition Section of this endorsement only: b. The providing of or failure to provide warnings or instructions, CA7392(12-05) includes copyrightod material of ISO Properties,Inc.with its permission, page t of 1 WORKERS COMPENSATION AND E"LOYERS LIABILITY INSURA14CE POLICY TEXAS NOTICE OF MATERIAL CHANGE IMORSM48M This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This Endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CERTIFICATE HOLDER AS REQUIRED BY CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective: 4/26/13 Policy No. SRZE22036-13 End. No. 06 Insured: ADVANCED PAVING CO. Carrier Code: 21075 Insurance Company: Service Lloyds Ins. Co. Countersigned by ATC 42 06 01 Effective July 1, 1984 22036 ZE 6 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies onl 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 Ms policy We will not enforce our right against the person or organization named in the Schedule. but this waiver ap lies only with respect to bodilyy injury arising out of the operations described in the �chedule 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 I. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.. Operations: PARKING LOT/SIDEWALK PAVING CONTRACTOR 3. Premium The premium charge for this endorsement shall be 2 percent of the premium deveplo ed on payroll in connection with w rk perform d for the above person(s) or organisation{s) arising out of the operatjons descried. 4. Advanced Premium Endorsement Effective: 4/26/13 Policy No. SRZE22036-13 End. No. 07 Insured: ADVANCED PAVING CO. Insurance Company: Service Lloyds Ins. Co. Countersigned by &Am. � WC420304A 22036 ZE07 qp STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Am I 9-9 Ift wh CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms............................................................................................................................... l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3 —Contract Documents: Intent,Amending,Reuse............................................ 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 DOCUMENTS Revision:August 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 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 �- 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 - 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 - 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aug a 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 qP 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 ! ' 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment............................................................................................................:.................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims................................ Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.................................................... 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 I STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 Article 17—Miscellaneous................................................. ...............62 .............................................................. 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times ................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 uenerat conditions Page 1 of 63 ARTICLE I–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial 1 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. i 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 lieneral 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. a 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. r 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time----The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 lreneral condmons Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. f 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 r graphically shows the scope, extent, and character of the Work to be performed by f Contractor. Submittals are not Drawings as so defined. op 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH I STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aught 17,2012 General C:onanions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate owl 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 ProceecL–A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Aught 17,2012 Ueneral Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents, 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for ► materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. r 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. r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 l;enerai Conditions it 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 1.02.B through E are not defined but, when used in a 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 Ueneral 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 ow 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 011 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. rD. 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 fiunishing 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 1 technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS JR 2.01 Copies of Documents I City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the r Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be d fiarnished 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. r CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:August 17,2012 I Ueneral Condotians Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as law 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 i Ueneral 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 DOCUMENT'S Revision:August 17,2012