Loading...
HomeMy WebLinkAboutContract 44691 CRY SECWAK CITY SECRETARY CONTRACT Nn. ).O.E. FILE FORT WORTH i'x1RrACTOR'S BONDING CO. OR H rR�tCTION'S COPY � .� UVARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF Tony's Creek Detention Basin Facility y I City Project No.00486 � Betsy Price Tom Higgins Mayor Interim City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department i Prepared for The City of Fort Worth ITransportation and Public Works Department 2012 * •L•E.WAR�S• i Firm Registration No.754 ..'.••• 'T5 •. i i•":' 1059 1 O �ZCE14 I OFFICIAL RECORD CITY S ICRITARY PT.VVOM TX R 41411 - I 000000-1 TABLE OF CONTENTS Page 1 of 7 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 - 4 Division 00- General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 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 15 0045 12 12-Fequalifieatieft Statefaefft 16 0045 13 Bidder-Wequedifiemien Applieatieft 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 39 Miner-ity and Women Business Entefpf:ise Goal 19 004540 Minority Business Enterprise Goal 20 004541 Small Business Eater-pr-ise Geed 21 00 52 43 Agreement 22 0061 13 Performance Bond 23 0061 14 Payment Bond 24 0061 19 Maintenance Bond 25 00 61 25 Certificate of Insurance 26 00 72 00 General Conditions 27 00 73 00 Supplementary Conditions 28 29 Division 01 - General Requirements • 30 01 1100 Summary of Work 31 01 25 00 Substitution Procedures 32 01 3119 Preconstruction Meeting 33 01 3120 Project Meetings 34 01 3216 Construction Progress Schedule 35 01 3233 Preconstruction Video 36 01 33 00 Submittals 37 0135 13 Special Project Procedures 38 01 45 23 Testing and Inspection Services 39 01 50 00 Temporary Facilities and Controls 40 01 55 26 Street Use Permit and Modifications to Traffic Control 41 01 57 13 Storm Water Pollution Prevention Plan 42 0158 13 Temporary Project Signage 43 01 60 00 Product Requirements 44 01 66 00 Product Storage and Handling Requirements 45 01 71 23 Construction Staking 46 01 70 00 Mobilization and Remobilization 47 01 74 23 Cleaning 48 01 77 19 Closeout Requirements 49 01 78 23 Operation and Maintenance Data CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 + Revised August 20,2012 000000-2 TABLE OF CONTENTS Page 2 of 7 1 01 78 39 Project Record Documents 2 3 Technical Specifications which have been modified by the Engineer specifically for this ' 4 Project; hard copies are included in the Project's Contract Documents 5 6 7 Division 02- Existing Conditions 8 0241 13 Sclective Site Demolition 9 0244 44 Utility D e.. e a /A 1......1,,afnent 10 0241 15 Paying Refoeval 11 12 Division 03- Concrete 13 0330 00 Cast le Plaee Generete 14 15 16 17 18 Division 26- Electrical am � 19 260500 vvw Eemmen Wer-k Desalts fei EleetFie$l 20 2605 10 Demelitien for RleetfieeA Systems 21 22 23 24 Division 31 -Earthwork 25 31 1000 Site QeaFingI 26 34-23-?6 ftelassified E*eavatien 27 312323 Bellew 28 31 400 Effll.e *-->�ei3t 29 312500 Er-esien-and Sediment Eemr-el 30 31 25 01 Permanent Turf Reinforcement Mat 31 02350 Scourstop 32 Fiber Soil Reinforcement 33 313600 G Cficizs 34 3137 00 Ripffilp 35 36 Division 32- Exterior Improvements 37 3201 17 PeFmeAeat Asphalt Paying Repai 38 ' 39 40 32 1123 lleai'�ase-Geur-ses 41 321129 seated Base-Ge 9 42 32 1-1-33 Gement Treated Base Courses 43 44 45 32 13 13 Gefiem4e Paying 46 321320 Genefete Sidewalks, 47 321373 Goner-ete Paying joint Sealants 48 3214 16 BAek Unit Paving 49 32 16 13 Concrete Curb and Gutters and Valley Gutters 50 32 1723 Pavement Mafk4figs CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 000000-3 TABLE OF CONTENTS ' Page 3 of 7 1 32 M P Chain Link FeR 2 3231 26 ir-eFens 3 3231 29 WE)edF a GateS 4 3232-13 Cast in Plaee !-`efier-ete Retaining Walls 5 3291 19 Topsoil Dlaee e^t and Fifiishing of Dza Cys 1.,. 6 3292 13 14ydfo Mulehiiig, Seeding,and Seddipg 7 3293 43and ct..ubs 8 9 Division 33- Utilities n .:. ]0 3301 30 �Manhole l r.-��r�Te s� 11 3301 31 Closed Gir-euit Television (4T-V) 1 12 , 13 3304 10 joifrtBe idifig and El tfie 1 lsalatie.. eccrrcmzxvractvn 14 3304 11 Getrec Control Test Stations 15 16 3304 30- Temper-afy WateF Sef; ees 17 3304 40 Cleat}ing afid nccepta r^e T ciriig o f Ali.crMains 18 33-051-10 Utility Tf:eneh Excavatiefi, EmbedmeRt,a>id-Da^ek" 19 3305 12 Water-Line Lawef:iiig 20 3305 13 F-fame, Covef mid Grade Rifigs 21 3305 14 AEust+fig Mafihales inlets, ValveBerres,-and-OtherStf-aefur-es to Grade ' 2 05 G^� Vaults 22 �3�T16��e�eEe-��E�--� 23 3305 17 Cener-ete Callafs 24 3305 20 Auger- Be 25 3305—21 Tii'n'rrciel i Dl re �.. � -�i-erei--r'racc 26 3305 22 Steel Casing Pipe 27 3305 23 Hand T-im el:..,. 28 29 33 05 26 Utility Mar-ker-s4�aeater-s 30 31 33-i i 10 32 33 11 11 Duetile lfefi Fittings 33 33 11 12 Polyvinyl Chlefide (PVC) PFessufe Pipe 34 s 35 36 331-12 10 W-atef:Sefwiees 1-iiieh to ;1 i ,h 37 33 1220 Resilient Seated Ga4e VdTe 38 39 , 40 33 1230 Ga bin atiEm if:V alw Assemblies blies FeF Potable Water-Systo.,�� 41 33 12 40 Fire 14ydf:am+, 42 , 43 33 31 12 Cur-ed ifi Plaee Pipe (CIPP4 44 45 33 31 i 14PPE Pipe Per-Sanitary cewe s ir-FaVita, ^.,a )tieree Nilaiiis) 46 47 33 31 21 Pelyviny!Ghkwide (PVC) Giesed Prefile Gfavity Saiiitar-y Sewer-Pipe 48 -33 31 22 Safiitar-y Sewef:Slip Lining 49 33 31 23 Sanitar-y Sewer-Pipe hfilar-gemew 50 CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 000000-4 TABLE OF CONTENTS Page 4 of 7 1 33 M 79 Combination MF vet.a for-S it .Sower-For-ea l►fe 2 33 39 10 Cast ift Plass nener-ete Manholes 3 333920 Weeast Gefi rete 11d.,nheles 4 333930 Fibefglass Manholes 5 33 39 40 Wastewater- A sews!'`1,.,mbe..PXAG) G 6 333960 Epoxy Lifter-s for-Sanitafy Sewer-Stfuefures 7 33-41 10 Reinferyea Gene..ete St ffm eewe, Pipe Galyefts 8 9 334600 Sub drainage ' 10 334601 Slotted Stet..., D,-ains 11 334602 '#enol}Dr ;zs 12 3349 1T 0 Cast in Plaee Manholes and junetienBe*es � 13 334920 Gur-b and Drop Inlets 14 334940 Stem Drainage 14eadwa4is and W4ngwalls 15 16 Division 34- Transportation 17 34 41 10 T-mffie Signals 18 34 41 13 Removing T-Faffie Signals 19 34 4120 Roadway filawAnatieft Assemblies 20 34 4130 Aluminum Signs 21 34-711-3 T-Faf€ie-Een4el 22 ' 23 Division 99—Non-Standard Items 24 99 99 00 Permanent Transition Mat 25 99 99 00 Turf Reinforcement Mat 26 99 99 00 Fiber Reinforcement for topsoil 27 99 99 00 Pre-Bid Item- Storm Water Field Order Allowance 28 Technical Specifications listed below are included for this Project by reference and can be , 29 viewed/downloaded from the City's Buzzsaw site at: 30 31 htps://projectpoint.buzzsaw.conVclient/fortworthizov/Resources/02%20- 32 %20Construction%2ODocuments/Specifications 33 34 35 Division 02-Existing Conditions ' 36 0241 13 Seleetive Site Demelitiefl 37 0241 14 Utility RefnevahLAbandefifaefat 38 0241 15 Paving Reffieval 39 40 Division 03- Concrete 41 03 30 00 Cast-In-Place Concrete 42 43 03 34 16 Concrete Base Material for Trench Repair 44 03 80 00 Modifications to Existing Concrete Structures , 45 46 Division 26-Electrical 47 260500 Ee fmne.. W a fk Results fer-Eleetf:ieal 48 260510 Demolition v Eleetiaeall Systems 49 260533 Raeeway and Be*es for-Eleetfieal Systems 50 260543 Undef:gFeend Deets and Raeeways for-Vsleewieal Systems CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 , 000000-5 TABLE OF CONTENTS Page 5 of 7 1 2 Division 31 - Earthwork 3 31 1000 Site Clearing 4 3123 16 Unclassified Excavation 5 31 23 23 Borrow 6 312400 Embankments 7 31 25 00 Erosion and Sediment Control 8 31 36 00 Gabions z 9 31 37 00 RiprRp 10 11 Division 32-Exterior Improvements ■ 12 3201 17 PeFmafient Asphalt Paving Rep 13 3201 18 TeffipeFffy Asphalt Paying Peep« 14 320129 Gvici�tcPaving Repair- 15 cpair15 3311231 Fle*''�aseC-Offses 16 321129 Lime Treated Base Ee�rrses 17 32 1133 Cement Treated Base Courses 18 19 321273 Asphalt Paying Gr-aek See4ants 20 32 13 13 Concrete Paving 21 321320 Genefete Sidewalks, Dr-iyeways and 8w:Fier-Ree Ramps } 22 32 1373 Concrete Paving Joint Sealants 23 3214 16 96ek Unit Paving 24 3216 13 Genefeate G-4-1A —AZ--Quaer-s and Valley Gutter-s 25 32 172-4 n,,.e ffiefit Maddfigs 26 3231 13 Chain Link Fences and Gates 27 323126 Wife Feneesaand Gates 28 323129 Wood Fenees-Coates 29 s 30 3291 19 Topsoil Placement and Finishing of Parkways 31 3292 13 Hydro-Mulching, Seeding,and Sodding 32 32 93 43 Trees and Shrubs 33 34 Division 33- Utilities 35 330130 Sewer-end Manhele Tes 36 33 01 31 Glesed Gir ait Teleyisien ( G speeti 37 330310 Bypass Pumping of E*isfiag SeweF Systefos 38 330410 joint Bending and Eleeaieal isolation 39 330411 n,.....,.sief, Gent.-el Test Stat ens 40 3304 12 Magnesium Amede Cathedie Pr-efeetien System 41 330430 TeWemy WeAer-,S *- - 42 330440 Gleaning and Aeeeptanee Testing of Watef Mains 43 3305 10 Utility Trefteh Erwavatieft,Embedment, 44 3305 12 WlaEer Line Lewer-ing 45 3305 13 Raffie,Cover-fmd Grade Rings 46 , 47 3305 16 Generete`ater`its 48 3305 1:7 G-enefete Gellms 49 50 33 05 21 T-iia e I e. -P CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 000000-6 TABLE OF CONTENTS Page 6 of 7 1 33 055 .22 Steel !"`acing Pipe 2 330523 Hand Tafmeliffg 3 330524 24 Installation f Gaf6er-D' in G Tunnel Linef Rate 4 33 05 26 I7614,.1►daF /i Beate 5 330530 T e .,t:e„ of 1*fisting Itt:lk e.. 1 6 33 11 10 Daetila_I.o 104pe 7 33 11 11 Deet;te I..e., ,icings 8 33 11 12 Delyyinyl Chloride(P-W)D«e.....,..e Pipe 9 33 11 13 Ce.,e«ere We.stove Pipe,Bar- Wr-a ped, creel Cylinder-Type , 10 33 1 1 14 Bur-ied Steel Pipe and>r;ttings 11 3312 10 W.,te f Sefy ees 1 ineh to 2 : eh 12 33 1229 Resilient Seated Gate VaWe � 13 33-ii-21 A\I W A null eF Seated BuRef fl y yak e.. 14 33 1225 Genneetieft to Existing Water-Mains 15 33 1230 bomb,. tion A iF vel,.e Assemblies for-Retable W teF SySte�.c 16 33 1240 Fif;e HydFmts 17 33 1250 Water-Sample SteAiens 18 3331 12 Ger-ed ift Plaee Pipe (GERP) 19 33 31 i3 RbeFg1ftSS Reinfemed Pipe for-Gr-avky.Saaitffy.S 20 3331 15 14J)PE Pipe For-Saaitffy.Sewer-s(Cwayity and FeFee Mains) 21 22 333121 Polyvinyl Ghler-ide(PVC)Glesed Pfeffie GFavify Sanitffy Sewef:Pipe 23 333122 Sanitffy Sewer-Slip biftiffg 24 333123 Sanifwy Sewer-Pipe Eftlafgemeft 25 26 33 31 :70 Combination Air-Velve f8f:Saaitffy Sewef:F-efee Mains 27 333910 Cost ift Plaee Ceaemte Manholes 28 333920 Pmeast C-eftereE "mss 29 333930 Fiberglass Manholes '30 33-3940 Wastewatef:Aeeess Chamber-(NVAC) 31 32 33 3341 11 14PPE SteFm Sewer-Pipe 34 334600 Sub dminage 35 334601 Mooed Stefm Dmins 36 334602 Tmae13RTs 37 33 49 10 Cast in Plaee Manholes and Ametien Bees 38 33 49 20 Curb and Drop Inlets 39 33 49 40 Storm Drainage Headwalls and Wingwalls 40 41 Division 34-Transportation 42 3441 10 Tmffie .Sigm6 43 34 41 13 Remevifig T-r-affie Signals 44 344120 Roadway PluwAnation Assembliesi 45 34 4130 AlawAftem Signs 46 3471 13 TffE ie GentFel 47 48 Appendix 49 GC-4.01 Availability of Lands 50 GC-4.02 Subsurface and Physical Conditions CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 000000-7 TABLE OF CONTENTS Page 7 of 7 1 GC-4.04 Underground Facilities 2G 4.06 Kazffdefas E"Vir-eiifei}tal Geadifieeat site 3 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance 4 GC-6.07 Wage Rates 5 GC-6.09 Permits and Utilities 6 GG 624 NeadiseAffliflatieft 7 GR 0160 00 Weduet Requir-effients 8 9 END OF SECTION CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised August 20,2012 M&C Review Pagel of 2 Official site of the City of Fort Worth;Texas CITYCOUNCILAGENDA FoRoRTN COUNCIL ACTION: Approved on 5/14/2013 REFERENCE ** 20SW TONYS CREEK DATE: 5/14/2013 NO.: C-26251 LOG NAME: DETENTION BASIN_CONSTRUCTION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Klutz Construction, LLC, in the Amount of $367,728.00 for Tony's Creek Detention Basin Rehabilitation Project and Provide for Contingencies and Construction Services for a Total Project in the Amount of $424,028.00(COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Klutz Construction, LLC, in the amount of$367,728.00 for the Tony's Creek Detention Basin Rehabilitation Project. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract with Klutz Construction, LLC, in the amount of$367,728.00. These improvements are needed to address stream bank erosion and parking lot runoff that are adversely affecting a City-owned detention pond immediately north of the Stockyards. This project was advertised for bid in the Fort Worth Star-Telegram on February 21, 2013 and February 28, 2013. On March 21, 2013, the following bids were received: Bidder Base Bid Time of Completion Klutz Construction, LLC $367,728.00 DCI Contracting, Inc. $369,371.00 Humphrey& Morton Const. Company, Inc. $380,850.90 Environmental Safe Services, Inc. $384,104.50 HQS Construction LLC $392,311.00 90 Working Days Ark Contracting Services, LLC $421,014.00 2L Construction LLC $423,256.00 Atkins Bros. $693,504.00 It is recommended that a contract be awarded in the amount of$367,728.00 to Klutz Construction, LLC. Costs for the implementation of this project will be funded by the Stormwater Capital Projects Bond Fund. A pre-established field order allowance in the amount of$22,000.00 is included in the bid. Funding in the amount of$45,900.00 is included in this request for associated construction survey, materials testing, and inspection services. The contingency fund established for this project for possible change orders is in the amount of$10,400.00. M/WBE OFFICE: Klutz Construction, LLC, is in compliance with the City's BDE Ordinance by committing to 11 percent MBE participation. The City's MBE goal on this project is 11 percent. Additionally, Klutz Construction Services, LLC, is a certified M/WBE firm. This project is located in COUNCIL DISTRICT 2, Mapsco 62P. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital http://www.fortworthgov.orv/council vacket/mc review.asv?ID=18414&councildate=5/1... 5/.15/2013 M&C Review Page 2 of 2 budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centem FROM Fund/Account/Centers P227 541200 202280048683 $367,728.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Russell Poer(7891) ATTACHMENTS 00486Tonys_Cre_ek Map.pdf http://www.fortwordigov.org/council_pwket/mc_review.asp?II=18414&councildate=5/1... 5/15/2013 000515-1 ADDENDA Page 1 of 1 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 7 8 9 10 ' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 e C City of Fort Worth, Texas Transportation & Public Works Department Storm Water Utility ADDENDUM No. 1 To the Specifications and Contract Documents For Tony's Creek Detention Basin Rehabilitation City Project No. 00486 D.O.E. Project No. 5426 Addendum No. 1 — Issue Date: July 18, 2012 Bid Receipt Date: July 19, 2012 This Addendum No. 1 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: Bid Proposal Form Section 00 42 43: 1. Bidlist Item No. 3-05 quantity has been changed from 2,543 CY to 2,209 CY. 2. Bidlist Item No. 3-20 quantity has been changed from 150 SY to 1,190 SY to account for turf reinforcement mat to be placed under the west drainage flume as detailed on plan sheets 9, 10, & 11. Items of Clarification: 1. Gabion excavation quantity was originally included under Bidlist Item No. 3-05, but has been removed and should be subsidiary to the gabion items as described in Section 31 36 00 of the City's typical specifications. 2. Backfill quantity for concrete pipes is not included in Bidlist Item No. 3-14 and is subsidiary to the reinforced concrete pipe as described in Section 33 41 10 of the City's typical specifications. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED &ACKNOWLEDGED ADDENDUM NO. 1". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. ADDENDUM NO. 1 July 18, 2012 RECEIPT ACKNOWLEDGED: TRANSPORTATION AND PUBLIC WORKS By: • S Z By: -1 a-v*% Title: &IIJ261itla 64fle,(' Vibhuti Pandey, P.E., Project Manager ■ ■ ADDENDUM NO. 1 July 18, 2012 City of Fort Worth, Texas Transportation & Public Works Department Storm Water Utility ADDENDUM No. 2 To the Specifications and Contract Documents For Tony's Creek Detention Rehabilitation City Project No. 00486 D.O.E. Project No. 5426 Addendum No. 2— Issue Date: March 20, 2013 Bid Receipt Date: March 21, 2013 This Addendum No. 2 forms part of the contract documents referenced above and modifies the original Contract Documents and Plans. Acknowledge receipt of this addendum by signing in the space provided below, attaching it to the Contract Documents (inside) and note receipt of the ` Addendum on the outer envelope of your bid. Prospective Bidders are hereby notified of the following: The Plans and Specification Documents for the above referenced project are hereby revised and amended as follows: Bid Proposal Form Section 00 42 43: 1. Bidlist Item No. 3-06 quantity has been changed from 1,933 CY to 2,125 CY. 2. Bidlist Item No. 3-14 quantity has been changed from 763 CY to 571 CY. 3. Bidlist Item No. 3-23 quantity has been changed from 11,598 LB to 12,750 LB. Items of Clarification: 1. Note #5 on sheet 15 refers to select fill under proposed gabion mattress and Bidlist Item No. 3-14 only (No. 57 Stone free draining backfill). 2. No. 57 Stone will not be used for western bank. Embankment (Bidlist Item No. 3-06) will be mixed with fibers (Bidlist Item No. 3-23). Refer to Note #3, sheet 7 of plans. All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. The Contractor shall acknowledge receipt of this Addendum (1) in the space provided below, (2) in the proposal and (3) acknowledge receipt on the outer envelope of your bid in upper case letters "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2". Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of submittal. ADDENDUM NO. 2 March 20, 2013 Page 1 of 2 RECEIPT ACKNOWLEDGED: TRANSPORTATION AND PUBLIC WORKS a� By. - By: Title: Vibhuti Pandey, P.E., Project Manager R s ADDENDUM NO. 2 March 20, 2013 A Page 2 of 2 001113-1 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 Tony's Creek Detention Facility,City Project No.00486 will 6 be received by the City of Fort Worth Purchasing Office: 7 P 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,March 21,20131,and bids will be opened publicly and read 13 aloud 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: 263 LF of fence removal;removal of 17 77 trees; 2543 CY of unclassified excavation; 173 LF of 21"RCP including 3 headwalls by open 18 cut;604 concrete rollover curb and gutter including 3-10 foot curb inlets; 32 SY of permanent 19 transition mat; 1,190 SY of turf reinforced mat; 11,598 LB of fiber reinforcement for topsoil; 268 r 20 CY of twisted gabion mattresses; 37 CY of twisted gabions; and 159 SY of concrete rip rap. 21 22 PREQUALIFICATION r 23 The improvements included in this project must be performed by a contractor who is pre- 24 qualified by the City at the time of bid opening.The procedures for qualification and pre- 25 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. _ 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at http://www.fortworth og v_org/ipurchasing_/and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 31 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 32 suppliers. 33 34 Copies of the Bidding and Contract Documents may be purchased from HDR Engineering, Inc. 35 which is as: 600 W 6`s St, Ste. 100 Fort Worth,TX 76102 36 37 The cost of Bidding and Contract Documents is: 38 Set of Bidding and Contract Documents with full size drawings: $50 39 Set of Bidding and Contract Documents with half size(if available) drawings: $25 40 41 PREBID CONFERENCE 42 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 43 BIDDERS at the following location,date,and time: 44 DATE: March 12, 2013 45 TIME: 1:30-2:30 PM 46 PLACE: 1000 Throckmorton Street(City Hall, TPW Department) 47 Fort Worth,Texas 76102 48 LOCATION: Conference Room 270 located on the second floor of the Transportation and 49 Public Works Building CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 001113-2 INVITATION TO BIDDERS Page 2 of 2 4 1 2 _ 3 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 4 City reserves the right to waive irregularities and to accept or reject bids. 5 6 INQUIRIES 7 All inquiries relative to this procurement should be addressed to the following: 8 Attn: Vibhuti Pandey,Ph.D,P.E.,CFM,City of Fort Worth 9 Email: Vibhuti.pandey@fortworthgov.org 4 10 Phone: 817-392-2424 11 AND/OR 12 Attn: Sam Edwards,P.E., HDR Engineering, Inc. - 13 Email: sam.edwardsCa)hdrinc.com 14 Phone: 972-960-4429 15 16 ADVERTISEMENT DATES 17 February 21,2013 18 February 28,2013 19 20 END OF SECTION ■ ■ CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 w 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 F 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https:Hproiectpoint.buzzsaw.com/fortworthizovfResources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequualification/TPW%20PaviU 42 %20Contractor%2OPrequalification%2OProC ram/PREOUALIFICATION%20REO 43 _UTREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https://projectpoint.buzzsaw.com/fortworth2ovfResources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPrequalification%2OProizrani/PREOUALIFICATION%20REO 49 UIREMENTS%20FOR%20PAV ING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 ` Revised November 27,2012 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 ■ 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https://projectpoint.buzzsaw.conVfortworthizov/Resources/02%20- ■ 4 %20Constniction%2ODocuments/Contractor%2OPrequalification/Water%o20and%2 5 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 6 gual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 10 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11,BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 ■ 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City,in its sole 19 discretion may require, including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project,and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information,a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information,if requested,may be grounds 26 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification, additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 33 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 34 35 4.1.Before submitting a Bid,each Bidder shall: 36 37 4.1.1. Examine and carefully study the Contract Documents and other related data 38 identified in the Bidding Documents(including "technical data" referred to in ■ 39 Paragraph 4.2.below).No information given by City or any representative of the 40 City other than that contained in the Contract Documents and officially 41 promulgated addenda thereto, shall be binding upon the City. 42 43 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 44 site conditions that may affect cost,progress,performance or furnishing of the 45 Work. 46 47 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 48 progress,performance or furnishing of the Work. 49 ■ CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 ■ 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.4.Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site(except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any. - 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 r 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish.All additional information and data I t which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents. No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.6. Perform independent research,investigations,tests,borings,and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request,City may provide 21 each Bidder access to the site to conduct such examinations,investigations, 22 explorations,tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations,investigations,tests and studies. 25 26 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work,time required for its completion,and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates,investigation, research,tests,explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation,examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be r 35 allowed. 36 37 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any,on the plans are for general information only. 48 Neither the City nor the Engineer guarantee that the data shown is representative of 49 conditions which actually exist. 50 CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 p 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. i 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract i 7 Documents,but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data, interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means,methods,techniques, sequences or ' 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 21 etc.,have not been resolved through the interpretations by City as described in 22 Paragraph 6.,and(iv) that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 27 biphenyls(PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract i 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 ' 33 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities,construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way,easements, and/or permits,and shall submit a schedule to the City of how ' 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 ` 16 Address questions to: 17 18 City of Fort Worth 19 1000 Throckmorton Street 20 Fort Worth,TX 76102 21 Attn: Vibhuti Pandey,Ph.D, P.E.,CFM, Stormwater—Transportation and Public Works 22 Fax: 917-392-2277 23 Email: vibhuti.pandey@fortworthgov.org 24 Phone: 817-392-2424 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 6.3.Addenda or clarifications may be posted via Buzzsaw at 31 http�://projectDoint.buzzsaw.conVclient/fortworthgov/Infrastructure%20Projects/00486%20- ` 32 %20`1'ony%27s%20Creek%20Detention%20Rehai,ilitation/Projects^_RDrawin,,_�s/Addenda%201) 33 rawin s. 34 35 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 36 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 37 Project. Bidders are encouraged to attend and participate in the conference. City will 38 transmit to all prospective Bidders of record such Addenda as City considers necessary 39 in response to questions arising at the conference. Oral statements may not be relied 40 upon and will not be binding or legally effective. 41 42 7. Bid Security 43 44 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 45 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 46 the requirements of Paragraphs 5.01 of the General Conditions. 47 CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 ■ 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 ■ 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in ■ 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award ; 7 will be retained by City until final contract execution. 8 9 S. Contract Times , 10 The number of days within which,or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. ■ 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. ' 17 18 10. Substitute and "Or-Equal" Items 19 The Contract,if awarded,will be on the basis of materials and equipment described in the ■ 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City,application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General ■ 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others ■ 29 30 11.1. In accordance with City Ordinance No. 15530(as amended),the City has goals for 31 the participation of minority business and women business enterprises in City 32 contracts. A copy of the Ordinance can be obtained from the Office of the City ' 33 Secretary.The Bidder shall submit the MBE/WBE Utilization Form, 34 Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or 35 Good Faith Effort Form(with"documentation)and/or Joint Venture Form as n 36 appropriate.The Forms including documentation must be received by the City no 37 later than 5:00 P.M. CST,five(5)City business days after the bid opening date. The 38 Bidder shall obtain a receipt from the City as evidence the documentation was 39 received. Failure to comply shall render the bid as non-responsive. 40 41 11.2. No Contractor shall be required to employ any Subcontractor,Supplier, other person ■ 42 or organization against whom Contractor has reasonable objection. 43 44 12. Bid Form 45 46 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 47 obtained from the City. 48 ' CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 a 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals, the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the ' 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number, Project title, the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids. After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids,including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the convect sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised November 27,2012 0021 I3-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers,and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 i 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility,qualifications,and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. n 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded,City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. r 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 q 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter n 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds,Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 ■ Revised November 27,2012 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page t of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CI().pdf 12 13 http://www.ethic, .state.tx.us/form,/CIS.pdf u 14 U C,Avts 15 V�CIQ Forrryis on file with City Secretary 16 ,�,pp0C,Alb V 17 �KPC CIQ Form is being provided to the City Secretary 18q"kC,ko 19 CIS Form is on File with City Secretary 20 QUCAibtl. 21 0Y CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 K I u,4Z LU�uc-AU a �y: �,r ►��1 p< /v' . AI V� 27 28 Company P s •� 29 � 00Z&3 30 L2 WY— / Signature: S 31 Address . 32 5 rngna��n Pctr�h 33 ��`i'1 ` 0 Title. 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised March 27,2012 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager Go:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Tony's Creek Detention Basin Facility from Stockyards Blvd to NE 28th Street City Project No.: 00486 Units/Sections: Unit III;Paving and Drainage Improvements 1. Enter Into Agreement Y 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 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. K o+- App(fca lel e, b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones}within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form,Section 00 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. r c. Proposal Form,Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space -• provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 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 Form Revised 20120327 00 41 00_00 4313_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls 00 41 00 BID FORM Page 3 o13 6.3. = Total Bid $0.00 7. Bid Submittal This Bid is submitted on by the entity named below. Respttuily bm' Receipt is acknowledged of the following Addenda: Initial By: 5 Addendum No. 1: J (Signature) Addendum No.2: ice., Addendum No.3: Addendum No.4: .`p11_ (Printed Name) V ® � y� Title. I"1(i Lno144ruchm, nn ear rr I' r' Company: K I - L.L( Corporate Seal: Address:kal", V IXS(D3 wol�►'h l e)5 State of Incorporation: luQ7L C�-C � - t nEmail: Cjio I - � Phone: l?, 0 qo END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal W orkbook.xls 00 42 43 BID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of ■ No. Description Section No. Measure Bid Quantity Unit Price Bid Value 3-01 0135.0201 Remobilization(Misc Only) 017000 LS 1 a 3-02 0241.0500 Remove Fence 0241 13 LF 263 3-03 3110.0102 6"-12"Tree Removal 31 1000 EA 76 3-04 3110.0103 12"-18"Tree Removal 31 1000 EA 1 �V= 3-05 3123.0101 Unclassified Excavation 3123 16 CY . 2,209 (�.`� 3�j 7��•,~ 3-06 3124.0101 Embankment 31 2400 CY 3-07 3125.0101 SWPPP >I acre 31 2500 LS F 3-08 3136.0102 Twisted Gabions 313600 CY 38 � ,d 547 Z ■` 3-09 3136.0104 Twisted Gabion Mattresses 31 3600 CY 268 Z$1).= 3-10 3137.0101 Concrete Riprap 31 3700 SY 159 ' ,`S 17.,7-"66 3-11 3211.0701 6"Cement Treatment 32 11 33 Isy 302 3 "= I Z)q 8(--- 3-12 3231.0307 20'Gate,Steel 3231 26 EA 1 W�= g CO 3-13 3291.0100 Topsoil 3291 19 CY 3-14 3305.0207 Imported Embedment/Backfill,Select Fill 3305 10 CY �►ri•a¢ 3 t7 a' 3-15 3292.0400 Seeding,H dromulch 3292 13 SY 5,800 14 (p q W. a 3-16 3341.0201 21"RCP,Class 111 3341 10 LF 173 47._. 3-17 3349.1002 21"Flared Headwall, I pipe 33 49 40 EA 3 3'l q0d 37 0 3-I8 3349.5001 10'Curb Inlet 33 49 20 EA 3 316c.02 q'4.5o. 3-19 9999.0001 Permanent Transition Mat 99 99 00 SY 32 ,p `V� 3-20 9999.0002 Turf Reinforcement Mat 99 99 00 SY 1,190 57.41.! (eG(e4,= 3-21 9999.0003 4"Conc Rollover Curb and Gutter 32 16 13 LF + 604 S().-- ' 3-22 9999.0004 Remove Gabion 0241 13 SY 13 7- - 3-23 ,-3-23 9999.0005 Fiber Reinforcement for topsoil(6lb/CY of fill) 99 99 00 LB 1419D !� ■ 3-24 9999.0006 Pre-Bid Item-Storm Water Field Order Allowance 99 99 00 LS 1 $22,000.00 $22,000.00 Bid Summary Base Bid O Total Base Bid Alternate Bid Total Alternate BW Deductive Alternate Bid Total D&Jaetive Alternate Bid N J• ■ Additive Alternate Bid Told Ari ttive Alternate BidN O Total BW ■ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECMCATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_01)43 3700 45 12 00 35 13-Bid Proposd Wodbmk.xls 00 43 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) 0 t hereinafter called the Principal,and(Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Tony's Creek Detention Basin Facility from Stockyards Blvd to NE 28th Street NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance With the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance With the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of ,2012. By: 0 (Signature and Title of Principal) By: 0 (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook.xls DO 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 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 Texas ,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 Texas ,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: 0 By: 0 S 0 (Signature) 0 Title: 0 Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fonn Revised 20110627 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_INd Proposal Workbook.xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 t 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.00486. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 12 K 1 u+z bn _ UC By: Chor l yes MW IU4z- 13 CompanyP ri 14 (T 15 � eby, �00Z(n� Signature: -S 16 Address 17 18 �O«WLY+4n (P Title: Movriar4 ilm 19 City/State/Zip (P t) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the underside authority,on this day personally appeared 27 �5 1V• . /(�- , known to me to be the person whose name is 28 subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same as 29 the act and deed of—KIU-{- C.c)VIc,+W(A-� On LLC for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDR MY HAND AND SEAL OF OFFICE this day of 33 2010 34 (&MY WZ A RAVELO 35 NOTARY PUBLIC W 36 STATE OF TEXAS 37 COMM.EXP.4-29-2016 Notary Public in al2d for the State of Texas 38 39 END OF SECTION 40 ■ CITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 ■ Revised July 1,2011 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page l of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 11% of the total bid (Base bid applies to Parks and 15 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 16 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's Business Diversity Ordinance shall result in the Bid being 28 considered non-responsive.Any questions,please contact the M/WBE Office at(817) 212-2674. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered responsive to the specifications. The 33 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 34 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 35 documentation in the time allocated. A faxed will not be me 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. Stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days atter Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid o enin date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after iperform all subcontractin su lier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid o enin date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH Tony's Creek Detention Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised September 29,2012 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on May 14, 2013is made by and between the City of Fort 5 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 6 ("City"), and Klutz Construction, LLC, authorized to do business in Texas, acting by and 7 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 15 generally described as follows: 16 20SW Tony's Creek Detention Basin Construction 17 City Proiect Number 00486 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 [90J days after the date when 24 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 Fifty and no/100 Dollars($650)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 WORT N Tom's Creek Delentioh Basin Consirucnon STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised December 20,2012 005243-2 Agreement Page 2 of 4 1 Article 4.CONTRACT PRICE 2 City agrees to pay Contractor for performance of the Work in accordance with the Contract 3 Documents an amount in current funds of Three Hundred Sixty-Seven Thousand, Seven Hundred 4 Twenty-Eight, and no/100 Dollars($367,728.00). 5 Article 5.CONTRACT DOCUMENTS 6 5.1 CONTENTS: 7 A. The Contract Documents which comprise the entire agreement between City and 8 Contractor concerning the Work consist of the following: 9 1. This Agreement. 10 2. Attachments to this Agreement: 11 a. Bid Form 12 1) Proposal Form 13 2) Vendor Compliance to State Law Non-Resident Bidder 14 3) Prequalification Statement 15 4) State and Federal documents(project specific) 16 b. Current Prevailing Wage Rate Table 17 c. Insurance ACORD Form(s) 18 d. Payment Bond 19 e. Performance Bond 20 f. Maintenance Bond 21 g. Power of Attorney for the Bonds 22 h. Worker's Compensation Affidavit 23 i. MWBE Commitment Form 24 3. General Conditions. 25 4. Supplementary Conditions. 26 5. Specifications specifically made a part of the Contract Documents by attachment 27 or, if not attached, as incorporated by reference and described in the Table of 28 Contents of the Project's Contract Documents. 29 6. Drawings. 30 7. Addenda. 31 8. Documentation submitted by Contractor prior to Notice of Award. 32 9. The following which may be delivered or issued after the Effective Date of the 33 Agreement and, if issued,become an incorporated part of the Contract Documents: 34 a. Notice to Proceed. 35 b. Field Orders. 36 c. Change Orders. 37 d. Letter of Final Acceptance. 38 39 1r CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised December 20,2012 005243-3 Agreement Page 3 of 1 Article 6. INDEMNIFICATION 2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of,or alleged to arise out of, the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is aileged or proven that all or some of the damages being 8 sought were caused,in whole or in part. by any act,omission or negligence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for l0 costs,expenses and legal fees incurred by the city in defending against such claims and 11 causes of actions. 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense, 14 the city,its officers,servants and employees,from and against any and all loss,damage 15 or destruction of property of the city,arising out of,or alleged to arise out of,the work 16 and services to be performed by the contractor, its officers, agents, employees, 17 subcontractors, licensees or invitees under this contract. This indemnification 18 provision is specifically intended to operate and be effective even if it is alleged or 19 proven that all or some of the damages being sought were caused,in whole or in cart. 20 by any act omission or negligence of the city. 21 22 Article 7.MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon CITY and 37 CONTRACTOR 38 7.5 Governing Law and Venue. 39 This Agreement, including all of the Contract Documents is performable in the State of 40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 41 Northern District of Texas,Fort Worth Division. I CITY OF FORT WORTH Tony's Creek Detention Basin ConstrwHon STANDARD CONSTRUCTION SPECIFICATION DOCMENTS City Project No.(X)486 Revised December 20,2012 005243-4 Agreement Page 4 of 4 1 7.6 Other Provisions. 2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 3 classified, promulgated and set out by the City, a copy of which is attached hereto and 4 made a part hereof the same as if it were copied verbatim herein. 5 7.7 Authority to Sign. 6 Contractor shall attach evidence of authority to sign Agreement, if other than duly 7 authorized signatory of the Contractor. 8 9 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 10 counterparts. 11 12 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 13 Contractor. City of Fort 1 t -l2 C� 1C i11l7 1_bC By. AK� Fernando Costa Assistant City Manager By: .y Z (Signature) Date K,ltA+Z_ Attest: (Printed Name) M yse C1 Secretary r (Seal) Q�C�°°°°°,�,p°°� Title: P 1(-� Q Address:qn IMIU3 � M&C C-2&251 $° Date: 5/t 4 13000000 City/State/Zip: A-WOA11 J(Q`B5 Approved as to Form and Legality: � � 1SLl-��-�-1 ezL- �2W"l At Ott yu • CG 1,d Date Imo,d /cam f;!- Assistant City Attorney 14 15 16 APPROVAL RECOMMENDED: 17 18 19 (� 20 OFFICIAL RECORD Doug1 . Wiersig,P.E. 21 DIRECTOR, 22 CITY SECRETARY Transportation and Public Works epartment 23 NT. WI'0"No TX CITY OF FORT WORTH Tony s Creek Detention Basin Constnection STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised December 20,2012 0061 13-1 PERFORMANCE BOND Page I of 2 Bond No. 4390616 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, KLUTZ CONSTRUCTION, LLC ,known as"Principal"herein 8 and SURETEC INSURANCE COMPANY , a corporate surety(sureties, if more 9 than one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 11 created pursuant to the laws of Texas,known as"City"herein, in the penal sum of, THREE 12 HUNDRED SIXTY-SEVEN THOUSAND,SEVEN HUNDRED TWENTY-EIGHT 13 DOLLARS AND ZERO CENTS ($367,728.00),lawful money of the United States,to be paid 14 in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made, 15 we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and 16 severally,firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 14th day of May , 2013 ,which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as 20SW Tony's Creek Detention Basin 22 Construction,City Project Number 00486. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. ■ 29 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 Bond No.4390616 1 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 duly authorized agents and officers on this the 5u' day of July' 20 13 . 6 PRINCIPAL: 7 KLUTZ CONSTRUCTION LLC 8 9 10 BY: � 11 Signature 12 ATTEST- 13 `,�,, 'A A t J 13 1 ,V r�1- Y A . I_I Ie�f?= r, �Q,69 /I 1 U n►"L 14 `J ■ 15 (Principal cretary Name and Title 16 17 Address: P.O.Box 100263 18 Fort Worth,Texas 76185 19 J 20 21 VitnAs A to Principal 22 SURETY: 23 SURETEC INSURANCE COMPANY 24 25 26 BY: WWaW. 28 29 Kyle W. Sweeney,Attorney-in-Fact 30 Name and Title 31 32 Address: 5741 Legacy Drive,Suite 210 33 Plano,Texas 75024 34 35 OU tZ4�a_j hl 36 Witaes to Surety Elizabeth Grayu Telephone Number:469-241-1488 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 0061 14-1 PAYMENT BOND Pagel of 2 Bond No.4390616 r 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, —KLUTZ CONSTRUCTION,LLC known as 8 "Principal"herein,and SURETEC INSURANCE COMPANY a corporate 9 surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of THREE HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED 13 TWENTY-EIGHT DOLLARS AND ZERO CENTS ($367,728.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded 18 the 14'h day of May , 20 13, which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 20SW Tony's Creek Detention Basin Construction, City Project Number 22 00486. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 Bond No. 4390616 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 5rh day of July,20 13 . 3 PRINCIPAL: KLUTZ CONSTRUCTION,LLC s ATTEST: BY: - s Signature 01 Atul NACIAeS M -K1U4Z*rVJ- (Principal) etary Name and Title Address: P.O. Box 100263 Fort Worth,Texas 76185 tress to Principal SURETY: SURETEC INSURANCE COMPANY ATTEST: BY: Sid4ture IP Kyle W. Sweeney, Attorn7-in-Fact (Surety)Secretary Name and Title Address: 5741 Legacy Drive, Suite 210 Plano,Texas 75024 Witness a o Suretylizabeth Telephone Number: 469-241-1488 4 t 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 } 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 } Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page l of 3 Bond No. 4390616 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 KLUTZ CONSTRUCTION,LLC ,known as"Principal" 9 herein and SURETEC INSURANCE COMPANY ,a corporate surety(sureties, if 10 more than one)duly authorized to do business in the State of Texas, known as"Surety"herein 11 (whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas,known as"City"herein, in the sum 13 of THREE HUNDRED SIXTY-SEVEN THOUSAND,SEVEN HUNDRF,D TWENTY- 14 EIGHT DOLLARS AND ZERO CENTS($367,728.00),lawful money of the United States,to 15 be paid in Fort Worth,Tarrant County,Texas, for payment of which sum well and truly be made 16 unto the City and its successors, we bind ourselves, our heirs,executors,administrators, 17 successors and assigns,jointly and severally, firmly by these presents. a 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 14`h day of May , 20 13 ,which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work")as provided for in said contract -- 24 and designated as 20SW Tony's Creek Detention Basin Construction,City Project Number 25 00486;and w 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need thereof at any time within the Maintenance 34 Period. CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 Bond No. 4390616 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 Bond No. 4390616 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 5`h day of July ,2013 . 3 4 PRINCIPAL: 5 JKLUTZWNON. C 6 7 8 BY: 9 Signature 10 A ST: 11 12 tars �l(A- anDgi) 1MYar 13 (Principa ecreta Name and Title 14 15 Address:P.O.Box 100263 16 Fort Worth,Texas 76185 17 18 19 Witness s to Principal 20 SURETY: 21 SURETEC INSURA.XCE COMPANY 22 23 24 BY: 25 at e 26 27 Kee W. Sweeney, Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 5741 Leery Drive,Suite 210 31 (Surety')Secretary Plano,Texas 75024 32 33 C L 34 Witness to Surety Elizabeth Gray Telephone Number:469-241-1488 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Tony's Creek Detention Basin Construction STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 n Revised July 1,2011 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 Web:http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.mus 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. Texas Rider 010106 1 A POA#: 4221267 r SureTec Insurance Company 0 LIMITED POWER OF ATTORNEY Know All 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 A make,constitute and appoint Elizabeth Gray,Charles D.Sweeney,Kyle W.Sweeney, Michael A.Sweeney its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge I 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: F 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 seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force.until 12/31/2013 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 Attomey(s)-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 4 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 2e ofApriZ 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 3rd day of September,A.D.2010. SURANCP SURETEC INS E C PANY ;• x y °� By: U1{u+ i nJohn o Jr., resident Cr State of Texas ss: County of Harris '� ' -•— On this 3rd day of September,A.D.2010 before me personally came John Knox Jr.,tome known,who,being by me duly swom,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. s ,,..""�:;•.; JACQUELYN MAIDONADO Notary Public,State of Texas •,GV;° e My Commission Expires acq ely aldor ado,Notary Public Moy 18,2013 y comm sion ex ' s May 18,2013 I,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 5th _day of JULY 13 ,A.D. M.Brent Beaty,_�ssistaat 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 between 8:00 am and 5:00 pm CST. • AcoCERTIFICATE OF LIABILITY INSURANCEF7/11/2013 DAIE(MM/DD/YYYY) r. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTCTA NAME: Amanda Villanueva Higginbotham&Associates Inc. PHONE FAX 500 W. 13th Street - -2374 (AC.NOI:817-347-6981 Fort Worth TX 76102 ADDRIEss INSURERS AFFORDING COVERAGE NAIC p INSURER A:Contonental Insurance Company 35989 INSURED INSURER B:Continental Casualty Company- 20443 Klutz Construction, L.L.C. INSURER C: I 3212 Preston Hollow Rd INSURER D: Fort Worth TX 76109 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:62172928 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD s" INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBIR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD AaF A GENERAL LIABILITY 5088520091 111912012 /1/2014 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTEU- X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one arson) $5,000 X Dad:$2,000 PERSONAL 8 ADV INJURY $1,000,000 s11 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- X LOC I $ A AUTOMOBILE LWBILITY5088520043 11/9/2012 /1/2014 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNEDPROPERTY DAMAGE X HIRED AUTOS $ t X AUTOS Per acciden Comp/Coll dad. $500 B X UMBRELLA LIAB X OCCUR 5088520088 11/9/2012 /1/2014 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X I RETENTIONS 10,000 $ C WORKERS COMPENSATION 5088520060 11/9/2012 /1/2014 XV4C STATU- OTH- AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 IN If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space Is required) The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status(GL includes completed ops)and General Liability,Automobile Liability and Workers'Compensation policy includes a blanket e. waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a special endorsement with"Primary and Noncontributory"wording. See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth;it's officers and employees ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street Fort Worth TX 76102-0000 AUTHORIZED REPRESENTATIVE // r�G�� ©19888--2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: y ACoO ® ADDITIONAL REMARKS SCHEDULE Pagel of 1- AGENCY NAMED INSURED Higginbotham&Associates Inc. Klutz Construction, L.L.C. POLICY NUMBER 3212 Preston Hollow Rd Fort Worth TX 76109 CARRIER NAIC CODE z EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The General Liability,Auto Liability and Workers Compensation policies include a blanket notice of cancellation to certificate holders endorsement,providing for 30 days'advance notice if the policy is canceled by the company other than for nonpayment of premium, 10 days' notice after the policy is canceled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company.The endorsement does not provide for notice of cancellation if the named insured requests cancellation. Umbrella is follow form. Project:Tony's Creek Detention Basin Facility Project Number:00486 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 006125-1 CERTIFICATE OF INSURANCE Page 1 of I 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION ICITY OF FORT WORTH Tony's Creek Detention Basin Facility STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00486 Revised July 1,2011 I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 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 Article 2—Preliminary Matters................. .....7 ' .................................................................................................... 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 r, 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 h 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 Article 5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 • 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 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 Pcrmits 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 e.. Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-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 (I I Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 Article 10-Changes in the Work; Claims; Extra Work..................................................... 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 . Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 " 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work................ ............51 " 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims " Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 K� Article 16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 " CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 w CITY UI FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-1 GENERAL CONDITIONS Page 1 of 62 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with , the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify, i correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and , Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor , during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any,and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-2 GENERAL CONDITIONS Page 2 of 62 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City-- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. w 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. R CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-3 GENERAL CONDITIONS Page 3 of 62 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas,or his duly appointed representative,assistant,or agents. 28. Director of Parks and Community Services— The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth,Texas, or his duly appointed representative,assistant,or agents. 29. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department—The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 0 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price,Contract Time,or the intent of the Engineer. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-4 GENERAL CONDITIONS n Page 4 of 62 38. Final Inspection - Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having - jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item --An Item of work included in the Contract Documents that has a total cost equal - to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate = Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed--A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 ■ 007200-5 GENERAL CONDITIONS Page 5 of 62 ■ 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. ■ 53. Project Representative—The authorized representative of the City who will be assigned to the Site. ■ 54. Public Meeting - An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. ■ 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. ■ 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required ■ submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. ■ 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications ■ may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-6 GENERAL CONDITIONS Page 6 of 62 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 lunited 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, al l 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 the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 0 007200-7 GENERAL CONDITIONS Page 7 of 62 ■ 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination ■ will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents(unless there is a specific statement indicating ' otherwise). C. Defective: ' 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: ' a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or ' approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. ' D. Furnish, Install, Perform, Provide: , 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean , furnishing and incorporating in the Work including all necessary labor, materials,equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-8 GENERAL CONDITIONS Page 8 of 62 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-9 GENERAL CONDITIONS Page 9 of 62 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 SPECIFICATION DOCUMENTS Revised:November 9,2011