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Contract 44692
ORIGINAL CONTRACT FORTWORTH cmr swwAw ggVj Z cwmar NO. PROJECT MANUAL FOR THE CONSTRUCTION OF RANDOL MILL ROAD CULVERT IMPROVEMENTS City Project No.00702 Betsy Price Tom Higgins Mayor City Manager Douglas W. Wiersig, P.E. Director, Department of Transportation/Public Works S. Frank Crumb, P.E. Director, Water Department Prepared for The City of Fort Worth Transportation/Public Works Department 2013 OF rte' D U N AWA . :.:........... ............:., =MICHAEL LIES �DELN..X 550 Dailey Avenue,Suite 400 I 65938 :v4 w Fort Worth,Texas 76107 Phone 817.335.1121 Fax 817.335.7437 5%�"" O"ICIAL RECORD FIRM REGISTRATION NO. 1114 #I, ONAL CITY SECRETARY FT, WOKTI TX DA No.2007143 �J/ � �i'1 � s-9-/3 RECEIVED AUG - 8 2013 r 000000-1 TABLE OF CONTENTS Page 1 of 3 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00-General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 0045 11 Bidders Prequalifications 15 0045 12 Prequalification Statement 16 0045 13 Bidder Prequalification Application 17 00 45 26 Contractor Compliance with Workers'Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement ~ 20 0061 13 Performance Bond 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 Division 01 -General Requirements 28 01 1100 Summary of Work 29 01 2500 Substitution Procedures 30 01 31 19 Preconstruction Meeting 31 01 31 20 Project Meetings 32 01 32 16 Construction Progress Schedule 33 01 3233 Preconstruction Video 34 01 33 00 Submittals 35 01 35 13 Special Project Procedures 36 01 4523 Testing and Inspection Services 37 01 5000 Temporary Facilities and Controls 38 01 5526 Street Use Permit and Modifications to Traffic Control 39 01 57 13 Storm Water Pollution Prevention Plan 40 01 5813 Temporary Project Signage 41 01 6000 Product Requirements 42 01 6600 Product Storage and Handling Requirements 43 01 7000 Mobilization and Remobilization 44 01 71 23 Construction Staking and Survey 45 01 7423 Cleaning 46 01 77 19 Closeout Requirements 47 01 7823 Operation and Maintenance Data 48 01 7839 Project Record Documents 49 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 000000-2 TABLE OF CONTENTS Page 2 of 3 1 Technical Specifications which have been modified by the Engineer specifically for this 2 Project; hard copies are included in the Project's Contract Documents 3 4 Division 03-Concrete 5 03 30 00 Cast-In-Place Concrete 6 7 Division 32-Exterior Improvements 8 32 32 34 Temporary Earth Retaining Walls 9 10 Division 34-Transportation 11 3471 13 Traffic Control 12 3471 15 Metal Beam Guard Fence 13 14 Division 39- 15 39 00 02 Storm Water Field Order Allowance 16 17 18 Technical Specifications listed below are included for this Project by reference and can be - 19 viewed/downloaded from the City's Buzzsaw site at: 20 21 hos://pro*ecWgint.buzzsaw.com/client/fortworthgov/Infrastructure Projects/00702 -Randol Mill Culvert 22 Improvements/Construction Specifications 23 24 Division 02-Existing Conditions 25 0241 13 Selective Site Demolition 26 0241 14 Utility Removal/Abandonment 27 0241 15 Paving Removal 28 .4 29 Division 03- Concrete 30 0334 13 Controlled Low Strength Material(CLSM) 31 03 34 16 Concrete Base Material for Trench Repair dw 32 03 80 00 Modifications to Existing Concrete Structures 33 34 Division 26—Electrical=NOT USED 35 36 Division 31 - Earthwork 37 31 1000 Site Clearing 38 3123 16 Unclassified Excavation 39 31 23 23 Borrow 40 31 24 00 Embankments 41 31 25 00 Erosion and Sediment Control 42 31 36 00 Gabions 43 31 37 00 Riprap 44 45 Division 32 -Exterior Improvements 46 3201 17 Permanent Asphalt Paving Repair 47 3201 18 Temporary Asphalt Paving Repair 48 32 1123 Flexible Base Courses 49 32 1129 Lime Treated Base Courses 50 32 12 16 Asphalt Paving CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 000000-3 TABLE OF CONTENTS Page 3 of 3 1 32 1273 Asphalt Paving Crack Sealants 2 32 1723 Pavement Markings 3 3231 13 Chain Link Fences and Gates 4 3231 26 Wire Fences and Gates 5 3291 19 Topsoil Placement and Finishing of Parkways 6 3292 13 Hydro-Mulching, Seeding,and Sodding 7 32 93 43 Trees and Shrubs 8 9 Division 33-Utilities 10 3305 10 Utility Trench Excavation,Embedment,and Backfill 11 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 12 33 49 40 Storm Drainage Headwalls and Wingwalls 13 14 Division 34-Transportation 15 3441 30 Aluminum Signs 16 17 Appendix 18 GC-4.01 Availability of Lands 19 GC-4.02 Subsurface and Physical Conditions 20 GC-6.06.D Minority Owned Business Enterprise Compliance 21 GC-6.07 Wage Rates 22 23 24 25 END OF SECTION CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas F FORTNORTH CITY COUNCILAGENDA COUNCIL ACTION: Approved on 7/23/2013 REFERENCE „ LOG 20SW RANDOL MILL CULVERT DATE: 7/23/2013 NO.: C-26353 NAME: IMPROVEMENTS—CONSTRUCTION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Humphrey & Morton Construction Company, Inc., in the Amount of$659,170.20 for Randol Mill Road Culvert Improvements and Provide for Contingencies and Construction Services for a Total Project in the Amount of $774,170.20 (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Humphrey & Morton Construction Company, Inc., in the amount of$659,170.20 for the Randol Mill Road Culvert Improvements and provide for contingencies and construction services for a total project in the amount of$774,170.20. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize the execution of a contract with Humphrey& Morton Construction Company, Inc., in the amount of$659,170.20. The construction of this project will include installation of multiple box culverts under Randol Mill Road and upstream and downstream channel improvements. The project is being constructed to address roadway overtopping during frequent rain events. This project was advertised for bid in the Fort Worth Star-Telegram on May 9, 2013 and May 16, 2013. On June 6, 2013 the following bids were received: Bidder Base Bid Time of Completion Humphrey & Morton $ 659,170.20 Construction Company, Inc. PC Contractors, LLC $ 792,952.63 180 Calendar Days Ark Contracting Services, $ 868,071.50 LLC 2L Construction, LLC $ 975,753.20 CD Builders Inc. $ 983,514.40 Earth Builders, LP $ 986,492.50 Massana Construction, Inc. $1,299,144.00 The recommended contract award amount includes$43,000.00 for a pre-established field order allowance. Other budget items beyond the construction contract amount include $90,000.00 for survey, materials testing, and inspection and a $25,000.00 contingency. The total project budget is $774,170.20. All costs will be funded by the Stormwater Capital Projects Bond Fund. M/ BE Office: Humphrey & Morton Construction Company, Inc., is in compliance with the City's BDE Ordinance by committing to 16 percent MBE participation. The City's MBE goal on this project is 15 percent. This project is located in COUNCIL DISTRICT 5, Mapsco 66L (formerly in COUNCIL DISTRICT 4). FISCAL INFORMATION/CERTIFICATION: http://www.fortworthgov.org/council_packet/mc_review.asp?II=18701&councildate=7/23/... 8/2/2013 M&C Review Page 2 of 2 The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Stormwater Capital Projects Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P227 541200 204280070283 $659.170.20 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Michael Owen (8079) ATTACHMENTS 00702 Randol Mill Culvert Improvements.pdf r I I I I http://www.fortworthgov.org/council_packet/mc review.asp?ID=18701&councildate=7/23/... 8/2/2013 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 to the Specifications & Contract Documents for RANDOL MILL ROAD CULVERT IMPROVEMENTS CITY PROJECT NO. 00702 Bid Submittal Due Date: June 6,2013 Addendum No.1 Issued: May 28,2013 The Specifications,Contract Documents and Drawings for the above mentioned project are revised and amended as follows: CONTRACT DOCUMENTS: Section 00 1113,Invitation to Bidders—The date In line#12 of Page 1 of Section 0011 13, Invitation to Bidders shall be modified to read"Thursday,June 6,2013". Section 00 42 43,Proposal Form—Replace Page 1 of Section 00 42 43, Proposal Form with the attached revised Page 1 of Section 00 42 43. A revised Excel spreadsheet of the Proposal Form will be uploaded to Buzzsaw. Below Is a summary of the revisions: 1. Bidlist Item No.0241.0800,Remove Riprap—The unit of measure shall be changed to read "SF'. 2. Bidlist Item No.3349.1000,Headwall, Box Culvert—The bid quantity shall be changed to read "110"cubic yards. 3. Bidlist Item No.9999.0005,Pre-Bid Item—Storm Water Field Order Allowance—The unit price and bid values for this item should be$43,000. DRAWINGS: Sheet 14,Grading Plan,Sheet 1 of 2—The note in the lower right section of the drawing associated with the Typical Section North of Randol Mill Road shall be deleted and replaced with"HYDROMULCH SEED DISTURBED AREAS'. INFORMATION TO BIDDERS: This Addendum No. 1,forms part of the Specifications&Contract Documents for the above referenced project and modifies the original Specifications&Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelop: "RECEIVED&ACKNOWLEDGED ADDENDUM NO.11" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Addendum No. 1 1 of 2 May 28,2013 Failure to acknowledge receipt of the Addendum No. 1 could cause the subject bidder to be considered 'NONRESPONSIVE',resulting in disqualification. REACKNOWLED ED Douglas W.Wlersig,P.E. DIRECTOR G TRANSPORTATION&PUBLIC WORKS DEPT. BY r clrrl r By. Company. Ol'f ryl n� 1/�Lt MichaelOwen, E. Project Manager Addendum No. 1 2 of 2 May 28,2013 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Randol Mill Road Culvert Improvements,City Project 6 Number 00702,will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 ! 12 until 1:30 P.M. CST, Thursday, June 6 2013, and bids will be opened publicly and read aloud at 13 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 47 LF 10' x 10' Box Culvert 18 188 LF 10' x 8' Box Culvert 19 125 CY Concrete Headwall 20 3,718 CY Unclassified Channel Excavation 21 1,713 CY Borrow 22 620 CY Gabion Baskets 23 285 CY Rock Rip Rap 24 1,696 SY 5-inch Type D Paving 25 26 PREQUALIFICATION 27 The improvements included in this project must be performed by a contractor who is pre- 28 qualified by the City at the time of bid opening. The procedures for qualification and pre- 29 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 30 DOCUMENT EXAMINATION AND PROCUREMENTS 31 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 32 of Fort Worth's Purchasing Division website at hqp://www.fortworthgov.org/purchasingj and 33 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 34 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 35 suppliers. 36 37 Copies of the Bidding and Contract Documents may be purchased from the office of the design 38 engineer Dunaway Associates, L.P. at 550 Bailey Avenue, Suite 400, Fort Worth,Texas 76107. 39 Sixty Dollars $ 60.00 per set(non-refundable)of Contract documents, including plans and 40 specifications for this project. ' 41 The cost of Bidding and Contract Documents is: Sixty Dollars $60.00(non-refundable) 42 Per Set of Bidding and Contract Documents with full size drawings. 43 CITY OF FORT WORTH Randal Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: May 13,2013 5 TIME: 11:00 A.M. CST 6 PLACE: 1000 Throckmorton,Room 270 7 Fort Worth, Texas 76102 8 LOCATION: Second Floor of City Hall,Room 270 9 10 CITY'S RIGHT TO ACCEPT OR REJECT BIDS I 1 City reserves the right to waive irregularities and to accept or reject bids. 12 13 INQUIRIES 14 All inquiries relative to this procurement should be addressed to the following: 15 Attn: Mr. Michael Owen, P.E.,City of Fort Worth 16 Email: michael.owen@fortworthtexas.gov 17 Phone: (817)392-8079 18 AND/OR 19 Attn: Mr. Steve James, P.E.,Engineer,with Dunaway Associates, L.P. 20 Email: sjames@dunaway-assoc.com 21 Phone: (817)335-1121 22 23 ADVERTISEMENT DATES 24 May 9, 2013 25 May 16,2013 26 27 END OF SECTION s. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July 1,2011 002113-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm,partnership,company, association,or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm,partnership,company, association,or ri 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. �R 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. 38 39 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 40 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 I 41 45 11, BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 CITY OF FORT WORTH Ran dol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s)for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information,a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested,may be grounds 10 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including "technical data" referred to in 22 Paragraph 4.2. below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4.Study all: (i)reports of explorations and tests of subsurface conditions at or 34 contiguous to the Site and all drawings of physical conditions relating to existing 35 surface or subsurface structures at the Site(except Underground Facilities)that —. 36 have been identified in the Contract Documents as containing reliable "technical 37 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 38 at the Site that have been identified in the Contract Documents as containing 39 reliable "technical data." 40 41 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of _ 42 the information which the City will furnish.All additional information and data 43 which the City will supply after promulgation of the formal Contract Documents 44 shall be issued in the form of written addenda and shall become part of the Contract 45 Documents just as though such addenda were actually written into the original 46 Contract Documents.No information given by the City other than that contained in 47 the Contract Documents and officially promulgated addenda thereto, shall be 48 binding upon the City. " 49 CITY OF FORT WORTH Randol Mill Road Culvert improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 .� 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Perform independent research, investigations,tests, borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations, investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations,tests and studies. 8 9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion, and obtain all information 11 required to make a proposal. Bidders shall rely exclusively and solely upon their 12 own estimates, investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims "` 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of 27 3 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any,on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents, but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data"or 44 any other data, interpretations,opinions or information. r 45 r r CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 rRevised December 20,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods,techniques, sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents,(iii)that Bidder has given City written notice of all 7 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 15 biphenyls(PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities, construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel *� 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth,TX 76102 i 16 Attn: Mr. Michael Owen, P.E.,T/PW Department 17 Fax: (817)392-8092 18 Email: michael.owen@fortworthtexas.gov 19 Phone:(817)392-8079 20 21 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 City. 23 24 6.3.Addenda or clarifications may be posted via Buzzsaw at 25 htps://projectpoint.buzzsaw.com/client/fortworthgov/Infrastructure Projects\00702— 26 Randol Mill Culvert Improvements/Construction Specifications. 27 28 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 29 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 30 Project. Bidders are encouraged to attend and participate in the conference. City will 31 transmit to all prospective Bidders of record such Addenda as City considers necessary 32 in response to questions arising at the conference. Oral statements may not be relied 33 upon and will not be binding or legally effective. 34 35 7, Bid Security 36 37 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 38 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 39 the requirements of Paragraphs 5.01 of the General Conditions. 40 41 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 42 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 43 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 44 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 45 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 46 other Bidders whom City believes to have a reasonable chance of receiving the award 47 will be retained by City until final contract execution. 48 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 , 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or"or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 .� 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In-accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts.A copy of the Ordinance can be 25 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate. The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received. Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 45 price item listed therein. In the case of optional alternatives,the words "No Bid," 46 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals, for which the Bidder proposes to do the 48 work contemplated or furnish materials required. All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner,whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the u 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a Y 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title,the name and address of Bidder,and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED"on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids.After all Bids not requested for withdrawal are a 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any)will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price,contract time or changes in the 23 Work with the Successful Bidder, Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers,and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications,and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35%of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 END OF SECTION CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 i 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 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 y� 11 hM://www.ethics.state.tx.us/forms/CIQ_Ddf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 1 15 Q CIQ Form is on file with City Secretary 16 17 0 CIQ Form is being provided to the City Secretary 18 19 © CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BUDDER:.26 27 By: 28 Company / TleaTrint 29 ( /� 30 Signaturefi 31 Address `l / 32 �� . �X •7� �Z�J , 33 Title: C S � C /►L 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION t CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised March 27,2012 M� 00 41 00 BID FORM Page 1 of 7 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Randol Mill Road Culvert Improvements City Project No.: 00702 i Units/Sections: Paving and Storm Drain Improvements 1. Enter Into Agreement ` The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. t 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 "r the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improveinents Form Revised 20120327 City Project Number-00702 00 41 00 BID FORM Page 2 of 7 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Construction/Reconstruction(less than 10,000 square yards) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. S. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 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. Total Bid X59 , 1 rf Q� �, $0.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Form Revised 20120327 City Project Nrmmber-00702 0041 00 BID FORM Page 3 of 7 7. Bid Submittal This Bid is submitted onI^��J ��� 2415 by the entity named below. I pectfull subm' a Receipt is acknowledged of the Initi following Addenda: Y: Addendum No. 1: (Signature) Addendum No. 2: ^� Addendum No. 3: l/c % J� 5 . Addendum No. 4: (Printed ame) Co mpanyls. r' /` 1 oy- o � t e�1 bl�( Corporate Seal: Address: 17 !v l } State of Incorporation: Email: Sam Phone:CO I h gQ Sj END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Form Revised 20120327 City Project Number-00702 00 42 43 BID FORM Page 1 or 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No Description Section No. Measure Quantity Unit Price Bid Value 0241.1100 Remove Asphalt Pvmt 0241 15 SY 1,076 $5.60 $6,025.60 0241.3201 Remove Storm Sewer Box 0241 14 LF 24 $70.00 $1,680.00 0241.4401 Remove Headwall/SET 0241 14 EA 2 $500.00 $1,000.00 3110.0101 Site Clearing-1.64 Acres 31 1000 LS 1 $51,220.00 $51,220.00 0241.0550 Remove Guardrail 0241 13 LF 325 $6.00 $1,950.00 0241.0500 Remove Fence 0241 13 LF 680 $1.50 $1,020.00 0241.0800 Remove Riprap 0241 13 SF 1158 $1.50 $1,737.00 3125.0101 SWPPP>1 Acre 31 2500 LS 1 $6,600.00 $6,600.00 3211.0501 6"Lime Treatment 321129 SY 1,883 $3.50 $6,590.50 3211.0400 Lime(30 Ib(SY) 32 11 29 TN 28 $175.00 $4,900.00 3212.0302 2"Asphalt Pvmt Type D 32 12 16 SY 1,696 $10.85 $18,401.60 9999.0001 3"Asphalt Base Type B 32 12 16 SY 1,696 $16.00 $27,136.00 9999.0002 Temporary Earth Retaining Wall-Install 32 32 34 SF 1,169 $15.00 $17,535.00 3211.0122 6"Flexible Base,Type A,GR-2(Drive) 32 11 23 SY 83 $17.00 $1,411.00 3231.0221 Barbed Wire Fence,Wood Posts 32 31 26 LF 637 $3.50 $2,229.50 3231.0112 5'Chain Link,Steel 3231 13 LF 111 $28.00 $3,108.00 3231.0113 6'Chain Link,Steel(Including 14-ft Access Gate) 3231 13 LF 553 $28.00 $15,484.00 9999.0003 Metal Beam Guard Fence 3471 15 LF 525 $23.00 $12,075.00 9999.0004 Guardrail End Treatment-(SGT(7)-11) 3471 15 EA 4 $3,500.00 $14,000.00 3292.0400 Seeding,Hydromulch 32 92 13 SY 5,545 $1.50 $8,317.50 3471.0001 Traffic Control 3471 13 MO 6 $1,000.00 $6,000.00 3341.2007 10x10 Box Culvert 3341 10 LF 47 $573.00 $26,931.00 3341.2005 10x8 Box Culvert 3341 10 LF 188 $420.00 $78,960.00 3349.1000 Headwall,Box Culvert 33 49 40 CY 110 $503.00 $55,330.00 3137.0102 Large Stone Riprap,dry(18"Thick,With 6"Bedding and Filter 31 37 00 SY 581 $53.26 $30,944.06 Fabric) 3136.0103 Twisted Gabions(BOX GABION) 31 36 00 CY 287 $197.88 $56,791.56 3136.0104 Twisted Gabion Mattresses(BLANKET GABION) 31 3600 CY 343 $223.26 $76,578.18 9999.0005 Pre-Bid Item-Storm Water Field Order Allowance 31 36 00 LS 1 $43,000.00 $43,000.00 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 44 $4.85 $213.40 3217.0009 4"SLD Pvmt Marking Paint(W) 32 17 23 LF 1,458 $1.30 $1,895.40 3217.0010 4"SLD Pvmt Marking Paint m 32 17 23 LF 1,718 $1.30 $2,233.40 3441.4002 Fumish/Install Alum Sign Ground Mount TxDOT Std. 3441 30 EA 11 $400.00 $4,400.00 9999.0006 Delineators(D-DW)(Type 2-Bi-Directional) 32 17 23 EA 13 $60.00 $780.00 9999.0007 Object Markers(2Y-WC-GND) 32 17 23 EA 4 $70.00 $280.00 3123.0101 Unclassified Excavation(Channel) 31 23 16 CY 3,750 $8.50 $31,875.00 3124.0101 Embankment 1312400 1 CY 1,725 $23.50 $40,537.50 Total Bid $659,170.20 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Form Revised 20120327 City Project Number-00702 00 43 13 BID FORM Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .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 Randol Mill Road Culvert Improvements 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 , 2013. By: (Signature and Title of Principal) *By: (Signature of Attomey-of-Fact) I 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Form Revised 20120327 City Project Number-00702 1P 00 43 37 BID FORM Page 6 of 7 10 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RE$IDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet ,, specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. ' Nonresident bidders in the State of 143 , our principal place of business, are not required to underb�resident bidders. ,. B. he principal place of business of our company or our parent company or majority owner is in the State of Texas. *„ BIDDER: NEW: �cf�n1�Yt r� l Adr:*0 hc0s o of/,(VC- 0 0 Sign ur / ^ 0 alt✓ i 5. �h Title: 0 Date:TvvL END OF SECTION 1P CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Form Revised 20120327 City Project Number-00702 V 0045 11 -1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 i 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and - 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the �., 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. -• 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must t 42 include the manufacturer,model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. T 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Randol Mill Road Culvert improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July I,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July 1,2011 004512 BID FORM Page 7 of 7 SECTION 00 4512 PREQUALIFICATION STATEMENT i Each Bidder for a City Procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Asphalt Paving Jt.� j�K.�Kb—" (` Construction/Reconstruction " (less than 10,000 square yards) 0 0 g * 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: 0 By: p 0 0 (Signature),, 0 Title: 0 I-'Ae g10e, Date: �LA-h e— to . ZD/j END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Randol Mill Road Culvert Improvements Forth Revised 20120327 City Project Number-00702 FORTWORTH SECTION 00 4513 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company i Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 MR BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. MO The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches,and 350 LF or less Tunneling-36-Inches—60—inches,and greater than 350 LF Tunneling—66"and greater,350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission,Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission,Urban/Renewal,42-inches and smaller Water Transmission, Development,All Sizes Water Transmission,Urban/Renewal,All Sizes ' Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller "i Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Asphalt Paving Construction/Reconstruction(10,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 10,000 square yards) Concrete Paving Construction/Reconstruction(10,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 M 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 M 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: dW (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to ,R complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. 4W CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? a 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner,officer, director,or stockholder of your firm is an employee of the City,or shares the same household with a City employee, please list the name of the City employee and the relationship. In + addition, list any City employee who is the spouse, child, or parent of an owner,officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by fib adoption or marriage. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 ." CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization �. President Is partnership general, limited, or registered limited liability partnership? Vice Presidents i File No.(if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 MR 00 004513-7 BIDDER PREQUALIFICATION APPLICATION an Page 7 of 8 14. Equipment $ TOTAL an BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, fi you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete,detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model,and general common description of each. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH Randol Mill Road Culvert lmpt•oaements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 y 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 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. 00702. 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 ONTRACTOR: 11 0/170r -n-& 12 ri 6k!T66;'� C . By: tr exL 13 Company lease P int 14 17 15 `'� �� © }(, 8�� Signature: 16 Address 17 /,� 18 r . I� o r4 . .-720 1Title: r�� d -E- 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ,the undersigned authority,on this day personally appeared 27YY� ,known to me to be the person whose name is 28 subscribed to the fo going instrument, acknowledged to me that he/she executed the same as 29 the act and deed o +CO.1 vt.e._. for the purposes and 30 consideration therein ex ress d and in the capacity therein stated. ' 31 _ Cy day of 32 CC� '` '� 'T T*T'�ER MY HAND AND SEAL OF OFFICE this 33 ` 5- .0 ,20_ 34 I 35 36 37 Notary Public A and for the State of Texas 38 �OYi'l/i'Y1C�CO�t. LVpt,, � 5 -/`1—cW 17 39 END OF SECTION 40 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 15% of the total bid (Base bid applies to Parks and 16 Community Services). Note: If both MBE and SBE subcontracting goals are established for this 17 project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 4 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive. Any questions,please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The -� 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 docmeutiaioa in the time allocated. A faxed will not be!! L .. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Foran, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on JUL 2 3 2013 is made by and between the City of 5 Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and Humphrey & Morton Construction Company, Inc., authorized to do 7 business in Texas, acting by and through its duly authorized representative,("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 RANDOL MILL ROAD CULVERT IMPROVEMENTS 17 CITY PROJECT NUMBER-00702 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. F 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 City <Insert amount in written words> Dollars ($650 per day for normal inspection, 34 $1,250.00 per day or full-time inspection) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of . 36 Acceptance. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 005243-2 Agreement Page 2 of 4 MN 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 Six Hundred Fifty Nine Thousand One Hundred 4 Seventy Dollars and Twenty Cents($659,170.20). 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. E 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. Mo 37 d. Letter of Final Acceptance. 38 39 Mn CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 005243-3 Agreement Page 3 of 4 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 alleged or proven that all or some of the damages being 8 soue_ht were caused, in whole or in part, by any act,omission or neelieence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for 10 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 subcontractorsi 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 part, 20 by any act,omission or negligence of the city. 21 ,. B 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. tl 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. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 005243-4 Agreement Page 4 of 4 MR 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 Worth Hu & Morton Constructiona,Inc. By: / 4:�I. Fernando Costa By:(/,., Assistant City Manager (Signature) Date8/--9h;5, David S. Humphrey Attest: /P M�/� (Printed Name) . Kay er -� City Secret ��0RT jy (Seal) Title: President ) ® O� Address: ~ $ M&C C-Z G 3S s '% P.O. Box 8057 Date: Z�3 I3 TEXp`5 Fort Worth,TX 76124 City/State/Zip: Approved as to Form and Legality: Date Douglas W.Black Assistant City Attorney 14 15 16 APPROVAL RECOMMENDED: 17 18 19 t ` LJ 4J 20 Douglas Wiersig,P.E. 21 OFFICIAL RECORD D1REc R, . 22 CITY SECRETARY Transportation/Public Works 23 FT.WORTH, TX CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number-00702 Revised December 20,2012 0061 l3-l PERFORMANCE BOND Page 1 of 2 Bond No.46BCSGH6192 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Humphrey& Morton Construction Company,Inc. ,known as 9 "Principal"herein and Hartford Fire Insurance Company ,a corporate 10 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal 13 sum of, Six Hundred Fifty-Nine Thousand,One Hundred Seventy Dollars and Twenty 14 Cents($659,170.20), lawful money of the United States,to be paid in Fort Worth,Tarrant 15 County,Texas for the payment of which sum well and truly to be made,we bind ourselves, our 16 heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the day of— JUL 2 v 2013 ,20_,which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders,as provided for in said Contract designated as 23 Randol Mill Road Culvert Improvements,City Project Number 00702 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 27 specifications,and contract documents therein referred to,and as well during any period of - 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. r CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 Bond No. 46BCSGH6192 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 2 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. I 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the day of U(_ 2 3 20 1�0_. 9 PRINCIPAL: 10 ITUMPHREY&MORTON 11 NSTRU TION tOMAANYANC 12 13 Qn 14 Signature 15 ATTEST- 16 17 David S. Humphrey.Preside 18 (Princ' al) cretary Name and Title 19 20 Address:P.O.Box 8057 21 Fort Worth,Texas 76124 22 23 24 Witness as to Principal 25 SURETY: 26 HARTFORD FIRE INSURANCE 27 COMPA 28 29 BY: 30 ig 31 32 Kyle W. Sweeney, Attorney-in-Fact 33 Name and Title 34 35 Address: 3000 Internet Blvd.Suite 600 36 Frisco,Texas 75034 37 38 aA, 39 Witness a to Surety Eli zabet Gray Telephone Number.4,59-287-1023 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a ccrtifed extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. r CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 0061 14-L PAYMENTBOND Page 1 of 2 Bond No. 46BCSGH6192 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 r8 That we, Humphrey& Morton Construction Company,Inc. , known as "Principal' 9 herein,and Hartford Fire Insurance Company , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of Six Hundred Fifty-Nine Thousand, One Hundred Seventy Dollars and Ty,enty 14 Cents ($659,170.20), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEEI?.EAS,Principal has entered into a certain written Contract with City, awarded the 19 day of JUL 2 3 2013 , 20_, which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and 21 other accessories as defined by law, in the prosecution of the Work as provided for in said F22 Contract and designated as 23 Randol Mill Road Culvert Improvements,City Project Number 00702 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in r26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full w 28 force and effect. r29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 r Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 Bond No. 46BCSGH6192 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the day cJUL 2 3 Z01320—. 3 PRINCIPAL: IJUNIP41REY &MORTON STR T N O NY IN . ATTEST: Y: /X )/xVA I P �,X Sig ature David S. Hum hre Presid t (Prinelpalj&Zetary Name and Title Address: P.O. Box 8057 Fort Worth,Texas 76124 Witness as to Principal SURETY: HARTFORD FIRE INSURANCE COMPANY ATTEST: BY: ure K le W. Sweeney,Attorne -in- ct (Surety)Secretary Name and Title s Address: 3000 Internet Blvd., Suite 600 Frisco,Texas 75034 Witness as to Surety Elizabeth Gr Telephone Number: 469-287-1023 s 4 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 Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page 1 of 3 Bond No.46BCSGH6192 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Humphrey& Morton Construction Company,Inc. , known as"Principal" 9 herein and Hartford Fire 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 Six Hundred Fifty-Nine Thousand,One Hundred Seventy Dollars and Twenty Cents 14 ($659,170.20), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas,for payment of which sum well and truly be made unto the City and its successors,we 16 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded JUL 2 3 2613 20 the day of , 20_,which Contract is hereby referred to and a made part 21 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 22 other accessories as defined by law, in the prosecution of the Work, including any Work resulting 23 from a duly authorized Change Order(collectively herein,the"Work")as provided for in said 24 contract and designated as Randol Mill Road Culvert Improvements, City Project Number 25 00702; and 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. f CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 Bond No. 46BCSGH6192 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 Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 Bond No. 46BCSGH6192 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 day of J U L 2 #3 2613120—. 3 4 PRINCIPAL: 5 Y& RT N 6CONSTRU T C ANY INC 7 8 Y L_Z�W' 9 Signature 10 ATTES : 11 12 David S.Humphrey, Preside 13 (Princ pal)YecriMTy U Name and Title I4 L.-I 15 Address:P.O.Box 8057 16 Fort Worth,Texas 76124 17 18 19 Witness as to Principal 20 SURETY: 21 HARTFORD FIRE INSURANCE 22 COMPANY..- _ 23 24 BY: 25 tgnat e 26 27 Kyle W. Sweeney,Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address: 3000 Internet Blvd.,Suite 600 31 (Surety)Secretary Frisco,Texas 75034 32 33 34 Witness to Surety Elizabeth Gray kJ Telephone Number:469-287-1023 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 Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.00702 Revised July 1,2011 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 1-800-392-7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products The Hartford 2 Park Avenue, 5th Floor Hartford Financial Products New York, New York 10016 2 Park Avenue, 5 Floor 1-212-277-0400 New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de r Insurance Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS O RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso , This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F-4275-1,JTX4275-1 HR 42 H006 00 0807 Direct Inquiries/Claims to: POWER OF ATTORNEY THE HARTFORD BOND,T-4 One Hartford Plaza Hartford,Connecticut 06155 call:888-266-3488 or fax:860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 46-501533 0 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Chartes D. Sweeney, Kyle W. Sweeney, Michael A. Sweeney, Bobby E. Mayo, Elizabeth Gray of Ft Worth, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22,2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. I t ri lli i s ,..•"••N K.w� ,r�r..t�+4'.i 10�r !�t i�•� p�t�poea„be.C=; 3�'�' a +.r ...•"' 9 i tete .� "- • ,t • �.i:` =: '� + �►j► �:r���r t,t�l ° t•�IIM� : � ;moi to 7 9 19 T 0 t "�f:�.,�.� �'wwra• ytF"�'l��i 'r • ,�`•!�•huwi5 4nala' �',Fij#�?• �• _ �(qY Wesley W.Cowling,Assistant Secretary M. Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 3id day of March, 2008, before me personally came M. Ross Fisher,to me known,who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ,t�E.E.R��f. I 1�a�PY •\ � • Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2012 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of JUL 2 Signed and sealed at the City of Hartford. ��r•++w�`' 2 'yTY 4,, �O�°t1Y it gi 11 t�:.r. Jam!;'•y�''- .��j4•w-� `}�� � .,/`S C, ♦it �jr AJ'`��'4:�`:. i:r 4' r ` • t•Erru fi 1070�. Z970 Z, ' 7971 a -.'..� �y4s� 11I •1��i • �`aa'ti Nott rie�ua' 1��y7`• Gary W.Stumper,Assistant Vice President DATE(MWDDNYMn AC41DPR V CERTIFICATE OF LIABILITY INSURANCE 7/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-6700 FVC No:(817)457-7246 1121 E. Loop 820 South -MAIL P O BOX 8720 INSURER(S) AFFORDING COVERAGE NAIC 0 Fort Worth TX 76124-0720 INSURER AEituminous Casualty Corp INSURED INSURER B-Navigators Ins Co Humphrey & Morton Construction Company, Inc. INSURERC: P.O. BOX 80'557 INSURER D: INSURER E: Fort Worth TX 76124 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWD MM/D GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DA AGE ToRENTE X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrenceE 100,000 A CLAIMS-MADE FxI OCCUR CLP 3 589 199 /20/2013 /20/2014 MED EXP(Any one person) $ 5,000 00 X CONTRACTUAL, XCU PERSONAL 8 ADV INJURY $ 1,000,000 X INDEPENDENT CONTRACTORS GENERALAGGREGATE E 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PR0. LOC $ AUTOMOBILE LIABILITY EO ac Iden SINGLE LIMIT 1,000,000 A X ANY ALTO BODILY INJURY(Per person) S All OWNED SCHEDULED rP 3 589 200 /20/2013 /20/2014 BODILY INJURY(Per accident) S ALTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Uninsured motorist combined $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTIONS 013EXC755544IV /20/2013 /20/2014 $ A WORKERS COMPENSATION X I WC STATU- OTH- AND EMPLOYERS'LIABILITYFR ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1 000,000 OFFICER/MEMBER EXCLUDED? N I A am (Mandatory In NH) C 3 589 198 /20/2013 /20/2014 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RANDOL MILL ROAD CULVERT IMPROVEMENTS, CITY PROJ #00702. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE William Sweeney/JOYCE ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(7nimm nt Tho err)pn name anrt Innn arc rankfcrcrt mnrtrc of ernpn STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Decanber2l,2012 t STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent...................................................... .......................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 MR 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................I 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 T 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5 —Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence.......................................................... ..19 ................................... CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Decenber2i,2012 IN 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 a 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 _ 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification .........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition......:..................................... ......................37 8.09 Compliance with Safety Program. .37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work...................................................................................................38 9.04 Rejecting Defective Work. .38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Decwber21,2012 Article 10-Changes in the Work; Claims; Extra Work....................................................,............................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders........................................ ..............................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................ ....48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 _ 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection................................................................................... .............,..55 ........................ 14.06 Final Acceptance......................... .............................................................................................55 E 14.07 Final P"ent..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend work.................................................................. ..........................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution........................ ..........................61 .................................................................... 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Damnber21,2012 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times .............................................62 ................................................................... 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Deconber21,2012 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. 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. CrrY OF FORT WORTH Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Decenber21,2012 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CrN OF FORT WORT:; STANDARD CONSTRUCTION SPECIFICATION DOCUMENTCity Project Mill Road Culvert Improvements Decanber2l,2012 City Project Number 00702 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third 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 t appointed representative,assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department MR of the City of Fort Worth, Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which -� graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. �. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer, Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH Randol Mill Road Culvert Impovements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Daoember21,2012 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 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 r 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 Randol Mill Road Culver!Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RCity Project Number 00702 Revision:Deoanber21,20i2 MR 007200-1 GENERAL CONDITIONS Page 5 of 63 MW 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 MR the Contractor's plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. Mo 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 r 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 Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Decanber21,2012 007200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours— Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.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 WOP.TH dol STANDARD CONSTRUCTION(SPECIFICATION DOCUMENTS Ran.. 'Hill Road Culvert Improvements RCity Project Number 00702 Revision:Deoember21,2012 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination 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: NEW a. does not conform to the Contract Documents; or Em 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. Mo 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, Me and everything necessary to perform the Work indicated, unless specifically limited in the context used. at 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 Randol Mill Road Culvert Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 00702 Revision:Deowta21,2012