HomeMy WebLinkAboutContract 47873 T000
CITY SECRETARY CITY SEnCRETAIW
D.O.E. FILE CONTRACT NO.
CONTRACTOR'S BONDING CO. FORT WORTH
CONSTRUCTION'S COPY
CLIENT DEPARTMENT
PROJECT MANUAL
FOR
(HMAC 2016-6) CDBG STREET REHABILITATION
At Various Locations
City Project No. 100124
Betsy Price David Cooke
Mayor City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
OFFICIAL RECORD
CITY SECRETARY
Prepared by FT.WORTH, 'TX
The City of Fort Worth
TRANSPORTATION AND PUBLIC WORKS
2016
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00 00 00-1
TABi_F OF CONTENTS
Pagc I of
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 00 11 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
15 0045 11 Bidders Pre-qualifications
16 0045 12 Prequalification Statement
17 0045 13 Bidder Prequalification Application
18 00 45 26 Contractor Compliance with Workers'Compensation Law
19 00 45 40 Minority Business Enterprise Goal
20 00 52 43 Agreement
21 0061 13 Performance Bond
22 0061 14 Payment Bond
23 0061 19 Maintenance Bond
24 0061 25 Certificate of Insurance
25 00 72 00 General Conditions
26 00 73 00 Supplementary Conditions
27
28 Division 01 -General Requirements
29 01 11 00 Summary of Work
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 35 13 Special Project Procedures
35 01 45 23 Testing and Inspection Services
36 01 5000 Temporary Facilities and Controls
37 01 5526 Street Use Permit and Modifications to Traffic Control
38 01 5813 Temporary Project Signage
39 01 7000 Mobilization and Remobilization
40 01 71 23 Construction Staking
41 01 7423 Cleaning
42 01 77 19 Closeout Requirements
43 01 7839 Project Record Documents
44
45 Division 02 - Existing Conditions
46 0241 15 Paving Removal
47
48 Division 03—Concrete
49 03 30 00 Cast-in-Place Concrete
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised November 9,2011
000000-2
TABLE OF CONTENTS
Page 2 of 2
1 Division 31 - Earthwork
2 31 23 16 Unclassified Excavation
3
4 Division 32 - Exterior Improvements
5
6 32 11 23 Flexible Base Courses
7 32 12 16 Asphalt Paving
8 32 1273 Asphalt Paving Crack Sealants
9 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps
10 32 16 13 Concrete Curb and Gutters and Valley Gutters
11 32 1723 Pavement Markings
12 32 1725 Curb Address Painting
13 3232 13 Cast-In-Place Concrete Retaining Walls
14 3291 19 Topsoil Placement and Finishing of Parkways
15 3292 13 Hydro-Mulching, Seeding, and Sodding
16
17 Division 33—Utilities
18 33 05 13 Frame, Cover, and Grade Rings
19 33 05 14 Adjusting Manholes, Inlets,Valve Boxes,and Other Structures to Grade
20 33 05 17 Concrete Collars[To be completed in early 2012.1
21
22 Division 34-Transportation
23 3471 13 Traffic Control
24
25 Technical Specifications listed below are included for this Project by reference and can be
26 viewed/downloaded from the City's Buzzsaw site at:
27
28 htps://projectpgint.buzzsaw.com/client/fortworthgov/Resources/02%20-
29 %20Construction%2ODocuments/Specifications
30
31 Division 99—Special Technical Specifications
32 9999.0096 Paving Construction Allowance
33
34 Appendix
35 GC-4.01 Availability of Lands
36 GC-4.02 Subsurface and Physical Conditions
37 GC-4.04 Underground Facilities
38 GC-4.06 Hazardous Environmental Condition at Site
39 GC-6.07 Wage Rates
40 GC-6.09 Permits and Utilities
41 GC-6.24 Nondiscrimination
42 GR-01 60 00 Product Requirements
43 SP-01 Special Provisions
44 END OF SECTION
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised November 9,2011
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo
itTWORTH
DATE: 5/17/2016 REFERENCE C-27721 LOG NAME: 19(HMAC 2016-6) CDBG
NO.: STREET RECONSTRUCTION
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of a Contract with Advanced Paving Acquisition, Ltd., in the Amount of
$985,718.25 for the Hot Mix Asphaltic Concrete Surface Overlay 2016-6 Project to
Reconstruct Eleven Residential Street Segments in Eligible Neighborhoods; Provide for
Staff and Other Project Costs for a Total Project Amount of$1,163,150.00 (COUNCIL
DISTRICTS 2, 6, 7, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a contract with Advanced Paving Acquisition, Ltd., in the amount of
$985,718.25 for the Hot Mix Asphaltic Concrete Surface Overlay 2016-6 Project to reconstruct eleven
residential street segments in eligible neighborhoods; and
2. Authorize substitution of Action Plan funding years selected in order to achieve project goals.
DISCUSSION:
On August 6, 2013, (M&C C-26369) the City Council approved the City' s 2013-2014 Action Plan
which included $690,383.40 in Community Development Block Grant(CDBG) funds for the
reconstruction of six residential street segments in CDBG-eligible areas of the City. On August 5,
2014, (M&C C-26893) the City Council approved the City's 2014-2015 Action Plan which included
$638,126.80 in CDBG funds for the reconstruction of five residential street segments in CDBG-
eligible areas of the City.
On January 15, 2016 and February 21, 2016, the project was advertised for bid in the Fort Worth
Star-Telegram. On February 2, 2016, the following bids were received:
Bidders Amount
Advanced Paving Acquisition Ltd. $985,718.25
JLB Contracting, LLC $989,963.10
Peachtree Construction, Ltd 11$1,062,994.00
McClendon Construction Co. Inc. $1,507,774.50
Advanced Paving Acquisition, Ltd. (Advanced Paving), was the lowest responsible and responsive
bidder.
M/WBE Office: Advanced Paving Acquisition, Ltd., is in compliance with the City' s DBE Program by
committing to 15 percent DBE participation on this project. The City' s DBE goal on this project is 15
percent.
Therefore, Staff recommends that City Council award a contract to Advanced Paving in the amount of
$985,718.25, which is consistent with the bid amount, for the HMAC Surface Overlay 2016-6 Project
to reconstruct residential street segments. The City will use an additional $177,432.00 for inspections,
testing and advertising/printing. Total project amount will be $1,163,150.00. Total amount allocated
for this project is $1,328,510.20 and remaining funds may be used for approved change orders. This
funding requires Interdepartmental Letters of Agreement pursuant to applicable laws and regulations
http://apps.cfwnet.org/council_packet/mc review.asp?ID=22257&councildate=5/17/2016 5/17/2016
001113-I
INVITATION TO BIDDERS
Page I of 2
1 SECTION 00 11 13
2 INVITATION TO BIDDERS
3
4 RECEIPT OF BIDS
5 Sealed bids for the construction of(HMAC 2016-6)CDBG STREET REHABILITATION will
6 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, February 11, 2016, and bids will be opened publicly and read
13 aloud at 2:00 PM CST in the Council Chambers.
14
15 GENERAL DESCRIPTION OF WORK
16 The major work will consist of the(approximate)following:
26,100 S.Y. 8"Pavement Pulverization
26,100 S.Y. 2" HMAC Surface Course, Type D
7,500 S.F. Remove and Replace 4"Concrete Sidewalk
9,610 L.F. Remove and Replace Curb&Gutter
10,615 S.F. Remove and Replace 6"Concrete Driveway
17
18 PREQUALIFICATION
19 The improvements included in this project must be performed by a contractor who is pre-
20 qualified by the City at the time of bid opening. The procedures for qualification and pre-
21 qualification are outlined in the Section 00 21 13— INSTRUCTIONS TO BIDDERS.
22
23 DOCUMENT EXAMINATION AND PROCUREMENTS
24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
25 of Fort Worth's Purchasing Division website at hgp://www.fortworthgov.or&urchasing//and
26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
27 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
28 suppliers. The contractor is required to fill out and notarize the Certificate of Interested
29 Parties Form 1295 and the form must be submitted to the Project Manager before the
30 contract will he pregenterl to the City Council,The form can be obtained at
31 httas://www.ethics.state.tx.us/tec/1295-Info.htm .
32
33 Copies of the Bidding and Contract Documents may be purchased from: Nikki McLeroy, 817-
34 392-8363, City of Fort Worth, Transportation & Public Works, 1000 Throckmorton St., Fort
35 Worth, TX 76102.
36
37 The cost of Bidding and Contract Documents is: $35
38
39 PREBID CONFERENCE
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised December 23,2015
0021 13-1
INSTRUCTIONS TO BIDDERS
Pagr 1 cif 10
1 SECTION 00 21 13
2 INSTRUCTIONS TO BIDDERS
3 1. Defined Terms
4
5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72
6 00 -GENERAL CONDITIONS.
7
8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the
9 meanings indicated below which are applicable to both the singular and plural thereof.
10
11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting
12 directly through a duly authorized representative, submitting a bid for performing
13 the work contemplated under the Contract Documents.
14
15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association,or
16 corporation acting directly through a duly authorized representative, submitting a
17 bid for performing the work contemplated under the Contract Documents whose
18 principal place of business is not in the State of Texas.
19
20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
21 (on the basis of City's evaluation as hereinafter provided)makes an award.
22
23 2. Copies of Bidding Documents
24
25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
26 resulting from the Bidders use of incomplete sets of Bidding Documents.
27
28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the
29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
30 for any other use.
31
32 3. Prequalification of Bidders (Prime Contractors and Subcontractors)
33
34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types
35 requiring prequal ifi cation at the time of bidding. Bids received from contractors who are
36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification
37 requirement work types and documentation are as follows:
38
39 3.1.1. Paving—Requirements document located at;
40 https:Hprojecipoint.buzzsaw.com/fortworthgov/Resources/02%20-
41 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPaving
42 %20Contractor%2OPrequalification%2OPro&am/PREOUALIFICATION%20REo
43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
44
45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at;
46 https://projepVoint.buzzsaw.com/fortworth,gov/Resources/02%20-
47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving
48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REO
49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-2
INSTRUCTIONS TO BIDDERS
Page 2 of 10
1
2 3.1.3. Water and Sanitary Sewer—Requirements document Located at;
3 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20-
4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2
5 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgramfWSS%20pre
6 qual%20requirements.doc?public
7
8
9 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within
10 seven (7)calendar days prior to Bid opening, the documentation identified in Section 00
11 45 11, BIDDERS PREQUALIFICATIONS.
12
13 3.2.1. Submission of and/or questions related to prequalification should be addressed to
14 the City contact as provided in Paragraph 6.1.
15
16
17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low
18 bidder(s)for a project to submit such additional information as the City, in its sole
19 discretion may require, including but not limited to manpower and equipment records,
20 information about key personnel to be assigned to the project, and construction schedule,
21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to
22 deliver a quality product and successfully complete projects for the amount bid within
23 the stipulated time frame. Based upon the City's assessment of the submitted
24 information,a recommendation regarding the award of a contract will be made to the
25 City Council. Failure to submit the additional information, if requested, may be grounds
26 for rejecting the apparent low bidder as non-responsive. Affected contractors will be
27 notified in writing of a recommendation to the City Council.
28
29 3.4.In addition to prequalification, additional requirements for qualification may be required
30 within various sections of the Contract Documents.
31
32 3.5.Special qualifications required for this project include the following:
33 4. Examination of Bidding and Contract Documents,Other Related Data,and Site
34
35 4.1.Before submitting a Bid, each Bidder shall:
36
37 4.1.1. Examine and carefully study the Contract Documents and other related data
38 identified in the Bidding Documents(including "technical data" referred to in
39 Paragraph 4.2. below). No information given by City or any representative of the
40 City other than that contained in the Contract Documents and officially
41 promulgated addenda thereto, shall be binding upon the City.
42
43 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
44 site conditions that may affect cost, progress, performance or furnishing of the
45 Work.
46
47 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
48 progress, performance or furnishing of the Work.
49
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-3
INSTRUCTIONS TO BIDDERS
Page 3 of 10
1 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78
2 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
3 Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
4 Nondiscrimination in Federally-assisted programs of the Department of
5 Transportation issued pursuant to such Act, hereby notifies all bidders that it will
6 affirmatively insure that in any contract entered into pursuant to this advertisement,
7 minority business enterprises will be afforded full opportunity to submit bids in
8 response to this invitation and will not be discriminated against on the grounds of
9 race, color, or national origin in consideration of award.
10
11 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or
12 contiguous to the Site and all drawings of physical conditions relating to existing
13 surface or subsurface structures at the Site(except Underground Facilities)that
14 have been identified in the Contract Documents as containing reliable "technical
15 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any,
16 at the Site that have been identified in the Contract Documents as containing
17 reliable "technical data."
18
19 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of
20 the information which the City will furnish. All additional information and data
21 which the City will supply after promulgation of the formal Contract Documents
22 shall be issued in the form of written addenda and shall become part of the Contract
23 Documents just as though such addenda were actually written into the original
24 Contract Documents. No information given by the City other than that contained in
25 the Contract Documents and officially promulgated addenda thereto, shall be
26 binding upon the City.
27
28 4.1.7. Perform independent research, investigations,tests, borings, and such other means
29 as may be necessary to gain a complete knowledge of the conditions which will be
30 encountered during the construction of the project. On request, City may provide
31 each Bidder access to the site to conduct such examinations, investigations,
32 explorations,tests and studies as each Bidder deems necessary for submission of a
33 Bid. Bidder must fill all holes and clean up and restore the site to its former
34 conditions upon completion of such explorations, investigations, tests and studies.
35
36 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the
37 cost of doing the Work, time required for its completion, and obtain all information
38 required to make a proposal. Bidders shall rely exclusively and solely upon their
39 own estimates, investigation, research,tests, explorations, and other data which are
40 necessary for full and complete information upon which the proposal is to be based.
41 It is understood that the submission of a proposal is prima-facie evidence that the
42 Bidder has made the investigation,examinations and tests herein required. Claims
43 for additional compensation due to variations between conditions actually
44 encountered in construction and as indicated in the Contract Documents will not be
45 allowed.
46
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-4
INSTRUCTIONS TO BIDDERS
Page 4 of 10
1 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
2 between the Contract Documents and such other related documents. The Contractor
3 shall not take advantage of any gross error or omission in the Contract Documents,
4 and the City shall be permitted to make such corrections or interpretations as may
5 be deemed necessary for fulfillment of the intent of the Contract Documents.
6
7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of-
8
9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
10 the site which have been utilized by City in preparation of the Contract Documents.
11 The logs of Soil Borings, if any, on the plans are for general information only.
12 Neither the City nor the Engineer guarantee that the data shown is representative of
13 conditions which actually exist.
14
15 4.2.2. those drawings of physical conditions in or relating to existing surface and
16 subsurface structures(except Underground Facilities)which are at or contiguous to
17 the site that have been utilized by City in preparation of the Contract Documents.
18
19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
20 on request. Those reports and drawings may not be part of the Contract
21 Documents, but the "technical data" contained therein upon which Bidder is entitled
22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
24 responsible for any interpretation or conclusion drawn from any "technical data" or
25 any other data, interpretations, opinions or information.
26
27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)
28 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without
29 exception the Bid is premised upon performing and furnishing the Work required by the
30 Contract Documents and applying the specific means, methods,techniques, sequences or
31 procedures of construction(if any)that may be shown or indicated or expressly required
32 by the Contract Documents, (iii)that Bidder has given City written notice of all
33 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
34 written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
35 etc., have not been resolved through the interpretations by City as described in
36 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate
37 and convey understanding of all terms and conditions for performing and furnishing the
38 Work.
39
40 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
41 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
42 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
43 Documents.
44
45 5. Availability of Lands for Work,Etc.
46
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-5
INSTRUCTIONS TO BIDDERS
Page 5 of 10
1 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for
2 access thereto and other lands designated for use by Contractor in performing the Work
3 are identified in the Contract Documents. All additional lands and access thereto
4 required for temporary construction facilities, construction equipment or storage of
5 materials and equipment to be incorporated in the Work are to be obtained and paid for
6 by Contractor. Easements for permanent structures or permanent changes in existing
7 facilities are to be obtained and paid for by City unless otherwise provided in the
8 Contract Documents.
9
10 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
I 1 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
12 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel
13 the award of contract at any time before the Bidder begins any construction work on the
14 project.
15
16 5.3. The Bidder shall be prepared to commence construction without all executed right-of-
17 way, easements, and/or permits, and shall submit a schedule to the City of how
18 construction will proceed in the other areas of the project that do not require permits
19 and/or easements.
20
21 6. Interpretations and Addenda
22
23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to
24 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
25 received after this day may not be responded to. Interpretations or clarifications
26 considered necessary by City in response to such questions will be issued by Addenda
27 delivered to all parties recorded by City as having received the Bidding Documents.
28 Only questions answered by formal written Addenda will be binding. Oral and other
29 interpretations or clarifications will be without legal effect.
30
31 Address questions to:
32
33 City of Fort Worth
34 1000 Throckmorton Street
35 Fort Worth, TX 76102
36 Attn: Kristian Sugrim
37 Fax: 817-392-8092
38 Email: Kristian.Sugrim@fortworthtexas.gov
39 Phone: 817-392-8902
40
41
42 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by
43 City.
44
45 Addenda or clarifications may be posted via Buzzsaw at
46 hgps://t)roiec!Mint.buzzsaw.com/client/fortworthgov/Infrastructure%20Projects/100124%20-
47 %20HMAC%202016-60/o20CDBG%20Street%20Rehab
48 6.3..
49
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-6
INSTRUCTIONS TO BIDDERS
Page 6 of 10
1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or
2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the
3 Project. Bidders are encouraged to attend and participate in the conference. City will
4 transmit to all prospective Bidders of record such Addenda as City considers necessary
5 in response to questions arising at the conference. Oral statements may not be relied
6 upon and will not be binding or legally effective.
7
8 7. Bid Security
9
10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
12 the requirements of Paragraphs 5.01 of the General Conditions.
13
14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award
15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete
16 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
17 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
19 other Bidders whom City believes to have a reasonable chance of receiving the award
20 will be retained by City until final contract execution.
21
22 8. Contract Times
23 The number of days within which, or the dates by which, Milestones are to be achieved in
24 accordance with the General Requirements and the Work is to be completed and ready for
25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
26 attached Bid Form.
27
28 9. Liquidated Damages
29 Provisions for liquidated damages are set forth in the Agreement.
30
31 10. Substitute and "Or-Equal" Items
32 The Contract, if awarded, will be on the basis of materials and equipment described in the
33 Bidding Documents without consideration of possible substitute or "or-equal" items.
34 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-
35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to
36 City, application for such acceptance will not be considered by City until after the Effective
37 Date of the Agreement. The procedure for submission of any such application by Contractor
38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
39 Conditions and is supplemented in Section 01 25 00 of the General Requirements.
40
41 11. Subcontractors, Suppliers and Others
42
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
002113-7
INSTRUCTIONS TO BIDDERS
Page 7 of 10
1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-
2 12-2011 (as amended),the City has goals for the participation of minority business
3 and/or small business enterprises in City contracts. A copy of the Ordinance can be
4 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and
5 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor
6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint
7 Venture Form as appropriate. The Forms including documentation must be received
8 by the City no later than 2:00 P.M. CST,on the second business days after the bid
9 opening date. The Bidder shall obtain a receipt from the City as evidence the
10 documentation was received. Failure to comply shall render the bid as non-
11 responsive.
12
13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
14 or organization against whom Contractor has reasonable objection.
15
16 12. Bid Form
17
18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be
19 obtained from the City.
20
21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing
23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
24 price item listed therein. In the case of optional alternatives,the words "No Bid,"
25 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices,
26 written in ink in both words and numerals, for which the Bidder proposes to do the
27 work contemplated or furnish materials required. All prices shall be written legibly.
28 In case of discrepancy between price in written words and the price in written
29 numerals,the price in written words shall govern.
30
31 12.3. Bids by corporations shall be executed in the corporate name by the president or a
32 vice-president or other corporate officer accompanied by evidence of authority to
33 sign. The corporate seal shall be affixed. The corporate address and state of
34 incorporation shall be shown below the signature.
35
36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a
37 partner,whose title must appear under the signature accompanied by evidence of
38 authority to sign. The official address of the partnership shall be shown below the
39 signature.
40
41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a
42 member and accompanied by evidence of authority to sign. The state of formation of
43 the firm and the official address of the firm shall be shown.
44
45 12.6. Bids by individuals shall show the Bidder's name and official address.
46
47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
48 indicated on the Bid Form. The official address of the joint venture shall be shown.
49
50 12.8. All names shall be typed or printed in ink below the signature.
51
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-8
INSTRUCTIONS TO BIDDERS
Page 8 of 10
1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of
2 which shall be filled in on the Bid Form.
3
4 12.10. Postal and e-mail addresses and telephone number for communications regarding the
5 Bid shall be shown.
6
7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of
8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance
9 to State Law Non Resident Bidder.
10
11 13. Submission of Bids
12 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents,
13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,
14 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed
15 envelope, marked with the City Project Number, Project title,the name and address of
16 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent
17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate
18 envelope with the notation "BID ENCLOSED" on the face of it.
19
20 14. Modification and Withdrawal of Bids
21
22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office
23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal
24 must be made in writing by an appropriate document duly executed in the manner
25 that a Bid must be executed and delivered to the place where Bids are to be submitted
26 at any time prior to the opening of Bids. After all Bids not requested for withdrawal
27 are opened and publicly read aloud, the Bids for which a withdrawal request has been
28 properly filed may, at the option of the City, be returned unopened.
29
30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the
31 time set for the closing of Bid receipt.
32
33 15. Opening of Bids
34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
35 abstract of the amounts of the base Bids and major alternates(if any) will be made available
36 to Bidders after the opening of Bids.
37
38 16. Bids to Remain Subject to Acceptance
39 All Bids will remain subject to acceptance for the time period specified for Notice of Award
40 and execution and delivery of a complete Agreement by Successful Bidder. City may, at
41 City's sole discretion, release any Bid and nullify the Bid security prior to that date.
42
43 17. Evaluation of Bids and Award of Contract
44
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
002113-9
INSTRUCTIONS TO BIDDERS
Page 9 of 10
1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights
2 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
3 and to reject the Bid of any Bidder if City believes that it would not be in the best
4 interest of the Project to make an award to that Bidder, whether because the Bid is
5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
6 meet any other pertinent standard or criteria established by City. City also reserves
7 the right to waive informalities not involving price, contract time or changes in the
8 Work with the Successful Bidder. Discrepancies between the multiplication of units
9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
10 between the indicated sum of any column of figures and the correct sum thereof will
11 be resolved in favor of the correct sum. Discrepancies between words and figures
12 will be resolved in favor of the words.
13
14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
15 among the Bidders, Bidder is an interested party to any litigation against City,
16 City or Bidder may have a claim against the other or be engaged in litigation,
17 Bidder is in arrears on any existing contract or has defaulted on a previous
18 contract, Bidder has performed a prior contract in an unsatisfactory manner, or
19 Bidder has uncompleted work which in the judgment of the City will prevent or
20 hinder the prompt completion of additional work if awarded.
21
22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and
23 other persons and organizations proposed for those portions of the Work as to which
24 the identity of Subcontractors, Suppliers, and other persons and organizations must
25 be submitted as provided in the Contract Documents or upon the request of the City.
26 City also may consider the operating costs, maintenance requirements, performance
27 data and guarantees of major items of materials and equipment proposed for
28 incorporation in the Work when such data is required to be submitted prior to the
29 Notice of Award.
30
31 17.3. City may conduct such investigations as City deems necessary to assist in the
32 evaluation of any Bid and to establish the responsibility, qualifications, and financial
33 ability of Bidders, proposed Subcontractors, Suppliers and other persons and
34 organizations to perform and furnish the Work in accordance with the Contract
35 Documents to City's satisfaction within the prescribed time.
36
37 17.4. Contractor shall perform with his own organization, work of a value not less than
38 35%of the value embraced on the Contract, unless otherwise approved by the City.
39
40 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and
41 responsive Bidder whose evaluation by City indicates that the award will be in the
42 best interests of the City.
43
44 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award
45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than
46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a
47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a
48 comparable contract in the state in which the nonresident's principal place of
49 business is located.
50
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
0021 13-10
INSTRUCTIONS TO BIDDERS
Page 10 of 10
1 17.7. A contract is not awarded until formal City Council authorization. If the Contract is
2 to be awarded, City will award the Contract within 90 days after the day of the Bid
3 opening unless extended in writing. No other act of City or others will constitute
4 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by
5 the City.
6
7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
8
9 18. Signing of Agreement
10 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter
12 Contractor shall sign and deliver the required number of counterparts of the Agreement to
13 City with the required Bonds, Certificates of Insurance, and all other required documentation.
14 City shall thereafter deliver one fully signed counterpart to Contractor.
15
16
17
18 END OF SECTION
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised August 21,2015
003513
BID FORM
Page 8 of 8
SECTION 00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the
attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS
Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City
Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also
be downloaded from the website links provided below.
hftp://www.ethics.state.b(.us/forms/CIQ.Pdf
hftp://www.ethics.state.b(.us/forms/C[5.pdf
CIQ Form is on file with City Secretary
❑ CIQ Form is being provided to the City Secretary
CIS Form is on File with City Secretary
® CIS Form is being provided to the City Secretary
BIDDER:
Advanced Paving By: Sam Garrett
2311 Joe Field Rd. Signature:
Dallas, TX 75229 Title: President
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120327 Bid Proposal Workbook
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176,Local Government Code Date Received
by a person who has a business relationship as defined by Section 176.001(1-a)with a local
governmental entity and the person meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts
that require the statement to be filed. See Section 176.006,Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code.An offense under this section is a Class C misdemeanor.
1 Name of person who has a business relationship with local governmental entity.
2 ❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an
employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional
pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes a No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
Yes F7No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes F-1 No
D. Describe each employment or business relationship with the local government officer named in this section.
4
Signature of person doing business with the governmental entity Date
Adopted 06/29/2007
LOCAL GOVERNMENT OFFICER FORM CIS
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY
This is the notice to the appropriate local governmental entity that the following local
government officer has become aware of facts that require the officer to file this statement Date Received
in accordance with Chapter 176,Local Government Code.
1 Name of Local Government Officer
2 Office Held
3 Name of person described by Sections 176.002(a)and 176.003(a), Local Government Code
41 Description of the nature and extent of employment or other business relationship with person named in item 3
11 List gifts accepted by the local government officer and any family member, excluding gifts described by Section
176.003(a-1),if aggregate value of the gifts accepted from person named in item 3 exceed$250 during the 12-month
period described by Section 176.003(a)(2)(B)
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
(attach additional forms as necessary)
61 AFFIDAVIT
I swear under penalty of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies to a family member (as defined by Section 176.001(2), Local
Government Code)of this local government officer. I also acknowledge that this statement
covers the 12-month period described by Section 176.003(a), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP d SEAL ABOVE
Sworn to and subscribed before me,by the said this the day
Of .20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Adopted 06/29/2007
LOCAL GOVERNMENT OFFICER
CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A
"local government officer" is defined as a member of the governing body of a local governmental entity; a
director, superintendent, administrator, president, or other person designated as the executive officer of the
local governmental entity; or an employee of a local governmental entity with respect to whom the local
governmental entity has, in accordance with Section 176.005,extended the requirements of Sections 176.003
and 176.004. This form is required to be filed with the records administrator of the local governmental entity
not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the
facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003, Local
Government Code.An offense under this section is a Class C misdemeanor.
Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement
to file this form.
INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter
the name of the person described by Section 176.002, Local Government Code with whom the officer has an
employment or other business relationship as described by Section 176.003(a), Local Government Code.
4. Description of the nature and extent of employment or business relationship with person named
in item 3. Describe the nature and extent of the employment or other business relationship with the person
in item 3 as described by Section 176.003(a), Local Government Code,
5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the
gifts accepted from person named in item 3 exceed$250. List gifts accepted during the 12-month period
(described by Section 176.003(a), Local Government Code)by the local government officer or family member
of the officer, excluding gifts described by Section 176.003(a-1), from the person named in item 3 that in the
aggregate exceed$250 in value.
6.Affidavit. Signature of local government officer.
Adopted 06/29/2007
0043 13
BID BOND
Page 1 of 1
SECTION 00 43 13
BID BOND
KNOW ALL BY THESE PRESENTS:
That we, (Bidder Name) Advanced Paving Co. hereinafter
called the Principal, and (Surety Name) RLI Insurance Company
a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety,
are held and firmly bound unto the City, hereinafter called the Obligee, in the
sum of Five Percent of Amount Bid and No/100 Dollars
($ 5% GAB .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 (HMAC 2016-6) CDBG STREET REHABILITATION
AT VARIOUS LACATIONS
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 2nd day of February , 2016.
By: Advanced P ng Co.
2ES/a Er✓
(Signature and Title of Principal)
*By: RL�JJIZ,' ,Le
urance Company
_ )
Sophi to Hunter (Signature of Attorney-of-Fact)
*Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed
Surety Seal
Only
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls
RLQ® Surety POWER OF ATTORNEY
902
9Q25 N.r.inrihergh Dc I Peoria,IL 61615
Phone:(800)645-2402 1 Fax:(309)689-2036 RLI Insurance Company
www.rlicorp.com
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
Lisa M.Bonnot,Don E. Cornell,Ricardo J.Rema,V.DeLene Marshall,Soohinie Hunter,Robbi Morales,Kelly A.Westbrook,jointly
or severally
in the City of Dallas State of Texas its true and lawful Agent and Attorney in Fact, with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company,and now in force to-wit:
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 3rd day of March 2015
RLI Insurance Company
yN� co
: SEAL By:...
Roy C.Di Vice President
State of Illinois
} SS
County of Peoria J
CERTIFICATE
On this 3rd day of March 2015 before me, a Notary Public, I, the undersigned officer of RLI Iusurance Company, a stock
personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois,:;o hereby certify tha:the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and is irrevocable; and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolutior_ of the Company as set forth in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testimony when.o:; I have
hereunt%set my hancLatld the Seal of the R%,I Insurance Campany
this J2 L day of_ 11''>°IVU ,'
By: S.C,
Jacque• e M.Bockler Notary Public RLI Insurance Company
"OFFICIAL SEAL"
NOTA"Y
? Poeuc JACQUELINE M.BOCKIER By:
5`"'`°F Roy C.Di Vice President
COMMISSION EMRES01/14!18 y
4271584020212
A0058514
RL'® RLI insurance Company TEXAS COMPLAINT NOTICE
P.O.Box 3967 Peoria,IL 61612-39(17
Phonc:309-692-1000 Fax:309-683-1610
IMPORTANT NOTICE
To obtain information or make a complaint
You may call RLI Insurance Company's toll free telephone number for information or to make a complaint at
800-645-2402.
You may also write to RLI Insurance Company at:
9025 N. Lindbergh Drive
Peoria,IL 61615
FAX# 309-683-1610
You may contact the Texas Department of Insurance to obtain information on companies,coverages,rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin,TX 78714-9104
FAX#(512)475-1771
Web: littp://www.tdi.state.tx.us
E-mail: ConsumerProtectlon((1),tdi.state.tx.LI
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim,you should contact RLI Insurance Company first. If the
dispute is not resolved,you may contact the Texas Department of insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
UW 1042-S(02/10) M4201210
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 6 of 8
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in
order to obtain a comparable contract in the State which the nonresident's principal place of business is located.
The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet
specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident
bidders must check the box in Section B.
A. Nonresident bidders in the State of our principal place of business,
are required to be percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of our principal place of business,
are not required to underbid resident bidders.
B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas. P/1
BIDDER:
Advanced Paving By: Sam Garrett
2311 Joe Field Rd. J.1"
(Signature)
Dallas, TX 75229
Title: President
Date:
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 Bid Proposal Workbook
004511-1
BIDDERS PREQUALIFICATIONS
Page I of 3
1 SECTION 00 45 11
2 BIDDERS PREQUALIFICATIONS
3
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 31st 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/taxMrrn 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 (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised July I,2011
0045 11 -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 that 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
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.
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.
CITY OF FORT WORTH (WRAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised July 1,2011
0045 I1 -3
BIDDERS PREQUALIFICATIONS
Page 3 of 3
1 c. The City will issue a letter as to the status of the prequalification approval.
2 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid
3 the prequalified work types until the expiration date stated in the letter.
4
5
6
7
8
9 END OF SECTION
10
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised July 1,2011
PREQUALIFICATION REQUIREMENTS FOR PAVING CONTRACTORS
1. A current Financial Statement must be provided. The Transportation and Public
Works Department requires that the original Financial Statement, or a certified copy
be submitted for consideration.
2. For those seeking first time qualification, references of related work (at least 5) must
be provided. Each reference must include the following:
a. Project Name and Location
b. Type of project—Concrete Paving Construction or Reconstruction, Asphalt
Paving Construction Reconstruction, or Asphalt Paving Heavy Maintenance.
c. An indication of whether the Contractor served as the prime or as a subcontractor
on each of the referenced projects
d. Contractor's contact person and telephone number(s)
e. Name of the city where work was performed along with contact name and
telephone number of the assigned City Inspector
f. Amount of construction contract
g. Type of paving performed and general description of work elements (asphalt, base
construction, sub-base treatment, geo-grid fabric, concrete, reinforcing, thickness,
jointing)
h. Date of project—start date for construction and completion date
i. The above requirement for 5 project references may be waived if:
• The contractor can otherwise demonstrate that he/she has the construction
experience to perform the type of work for which he/she is being considered,
and
• The contractor provides sufficient evidence that he/she has the financial
ability to both complete and warranty the work, and
• The contractor acknowledges that under this provision of the requirements for
pre-qualification that the contractor will be limited to 15,000 square yards of
concrete or asphalt pavement construction or$1,000,000 of pavement
rehabilitation.
• The contractor acknowledges that the limitation on this type of work for the
City of Fort Worth will remain in force until such time as the contractor
demonstrates the capability to satisfactorily perform and complete the type of
work covered by the restriction.
3. Include in the submission an equipment schedule which indicates equipment under
the control of the Contractor and which is related to the type of work for which the
Contactor is seeking certification. The schedule must include the manufacturer,
model and general common description of each piece of equipment.
4. The following information must be provided regarding construction experience:
a. Number of years the company has been in business as a General Contractor under
the present business name
b. Other names under which the company has operated including the full name of
the company and where that company performed work
c. An indication of the number of years of concrete/asphalt pavement construction
experience as a general contractor and as a sub-contractor
d. Experience of the principals of the company, including name, present position,
years of experience, type of experience, licenses, and certifications.
e. If the Contractor or any present partners or officers have ever failed to complete a
contract, provide details about those contracts including name of the project,
owner/engineer, contract price, contact person, and the surety that was involved.
f. Provide details of any instances when the Contractor, any present partners or
company officers have filed for bankruptcy or have been part of a company that
has filed for bankruptcy.
5. Any Contractor who becomes qualified under these provisions and remains in good
standing with the City will only be required to submit a newly compiled or reviewed
financial statement before each 2 year anniversary of initial qualification. Should a
Contractor fail to submit the required information before any 2 year anniversary,
he/she will be so advised and will be allowed 6 months to provide the required
financial statement. If a financial statement is then not provided within the specified
6 month period, the Contractor will be removed from the list of qualified Contractors
and he/she will be required to provide all indicated information as would a new
contractor before being considered further for qualification.
July 29, 2014
TYPES AND LEVELS OF QUALIFICATION
MACHINE LAID CONCRETE PAVING CONSTRUCTION/RECONSTRUCTION
Machine Laid Concrete Paving Construction/Reconstruction LESS THAN 15,000 square
yards
A Contractor may be deemed as pre-qualified to perform concrete paving as a Prime
Contractor with the City of Fort Worth if the required pre-qualification information
submitted by the Contractor demonstrates through financial stability, experience and
available resources that the Contractor should be able to perform the indicated level of
work. If the Contractor is pre-qualified for this level,the Contractor will only be
considered qualified to perform concrete paving on projects that include less than 15,000
square yards.
Machine Laid Concrete Paving Construction/Reconstruction 15,000 square yards and
GREATER
A Contractor may be deemed as pre-qualified to perform concrete paving as a Prime
Contractor with the City of Fort Worth if the required pre-qualification information
submitted by the Contractor demonstrates through financial stability, experience and
available resources that the Contractor should be able to perform the indicated level of
work. If the Contractor is pre-qualified for this level,the Contractor will not be limited
on the size of project upon which he or she may bid.
Pre-Qualification is not required for Hand Laid Concrete Pavement or Bridge Deck
Construction/Reconstruction unless specifically called for in the project plans or
specifications.
ASPHALT PAVING CONSTRUCTION/RECONSTRUCTION
Asphalt Paving Construction/Reconstruction LESS THAN 15,000 square yards
A Contractor may be deemed as pre-qualified to perform asphalt paving as a Prime
Contractor with the City of Fort Worth if the required pre-qualification information
submitted by the Contractor demonstrates through financial stability, experience and
available resources that the Contractor should be able to perform the indicated level of
work. If the Contractor is pre-qualified for this level,the Contractor will only be
considered qualified to perform asphalt paving on projects that include less than 15,000
square yards.
Asphalt Paving Construction/Reconstruction 15,000 square yards and GREATER
A Contractor may be deemed as pre-qualified to perform asphalt paving as a Prime
Contractor with the City of Fort Worth if the required pre-qualification information
submitted by the Contractor demonstrates through financial stability, experience and
available resources that the Contractor should be able to perform the indicated level of
work If the Contractor is pre-qualified for this level,the Contractor will not be limited
on the size of project upon which he or she may bid.
ASPHALT PAVING HEAVY MAINTENANCE
Asphalt Paving Heavy Maintenance UNDER$1,000,000
A Contractor may be deemed as pre-qualified to perform asphalt paving heavy
maintenance as a Prime Contractor with the City of Fort Worth if the required pre-
qualification information submitted by the Contractor demonstrates through financial
stability, experience and available resources that the Contractor should be able to perform
the indicated level of work. If the Contractor is pre-qualified for this level, the total
amount of the bid for asphalt paving heavy maintenance and all items directly associated
with the paving shall be less than $1,000,000.
Asphalt Paving Heavy Maintenance$1,000,000 and OVER
A Contractor may be deemed as pre-qualified to perform asphalt paving heavy
maintenance as a Prime Contractor with the City of Fort Worth if the required pre-
qualification information submitted by the Contractor demonstrates through financial
stability, experience and available resources that the Contractor should be able to perform
the indicated level of work. If the Contractor is pre-qualified for this level, the
Contractor will not be limited on the size of project upon which he or she may bid.
August 6, 2013
00 45 12
BID FORM
Page 7of8
SECTION 00 4512
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information below by identifying the prequalified
contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Expiration Date
HMAC Street Rehabilitation
Heavy Maintenance and all
items directly associated with Advanced Paving
the paving
List work type here or space Makou Inc.
List work type here or space Company Name Here or space Date Here or space
List work type here or space Company Name Here or space Date Here or space
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
BIDDER:
Advanced Paving By: S Garre
2311 Joe Field Rd. .sem.
(Signature)
Dallas, TX 75229
Title: President
Date: 2-44P
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 Bid Proposal Workbook
FORTWORTH
SECTION 00 45 13
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
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"
0045 13-2
BIDDER PREQUALIFICATION APPLICATION
Page 2 of 8
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.
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 (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised December 20,2012
0045 13-3
BIDDER PREQUALIFICATION APPLICATION
Page 3 of 8
MAJOR WORK CATEGORIES, CONTINUED
Sewer CIPP, 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
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 15,000 square yards)
Asphalt Paving Con struction/Reconstruction (15,000 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 15,000 square yards)
Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)
Roadway and Pedestrian Lighting
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised December 20,2012
0045 13-4
BIDDER PREQUALIFICATION APPLICATION
Page 4 of 8
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:
(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
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.
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
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?
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
adoption or marriage.
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised December 20,2012
004513-6
BIDDER PREQUALIFICATION APPLICATION
Page 6 of S
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
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 (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised December 20,20I2
004526-1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page I of I
SECTION 00 45 26
2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
3
4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it
5 provides worker's compensation insurance coverage for all of its employees employed on City
6 Project No. 01893. Contractor further certifies that, pursuant to Texas Labor Code, Section
7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
8 worker's compensation coverage.
9
10 CONTRACTOR:
Il
12 J By:
13 CompanyV'le
t)
14 /15 Signature: ,/
16 Address
17
18 q Title: �f(�
19 City/State/Zi (Please Print)
20
21
22 THE STATE OF TEXAS §
23
24 COUNTY OF TARRANT §
25
26 BEFORE ME, the undersigned authority,on this day personally appeared
27 L- ,known to me to be the person whose name is
28 subscribed to the fore oing ins ment,and acknow edged to me that he/she executed the same as
29 the act and deed of ,7
for the purposes and
30 consideration therein expressed and in/the'capacity therein stated.
31
32 GyqN UNDER MY HAND AND SEAL OF OFFICE this day of
33 , 20[�
34 - _ - - -
35 BECKY -E LE a
36 /�{ : Notary Public. State of Texas 4
s.� My COMMIS51on Expires
37 °Fo;;E;: Cclober 1 1, 20-16 Notary Public and for the State of Texas
38
39 END OF SECTION
40
CITY OF FORT WORTH (HMAC 2016-6)CDBG STREET REHABILITATION
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100124
Revised July 1,2011
FORT WORTH
City of Fort Worth
Minority Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR OFFERORS
APPLICATION OF POLICY
If the total dollar value of the contract is$50,000 or more,then a MBE subcontracting goal is applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises
(MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current
Business Diversity Enterprise Ordinance applies to this bid.
MBE PROJECT GOALS
The City's MBE goal on this project is 15 %of the base bid value of the contract.
Note:If both MBE and SBE subcontracting goals are established for this project,then an Offeror must submit both a
MBE Utilization Form and a SBE Utilization Form to be deemed responsive.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with
the intent of the City's Business Diversity Enterprise Ordinance by one of the following:
1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or
2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or;
3. Good Faith Effort documentation,or;
4. Prime Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Purchasing Division, within the following times allocated, in order
for the entire bid to be considered responsive to the specifications. Th'e,Offeror shall deliver the MBE.documentation in
person to the appropriate employee of the purchasing division and obtain a,date/time, receipt. Such receipt-shall be
evidprice that the City received the documentation in the time allocated. A faxed and/or emailed_ copy will not be
acal<pted.
1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day
met or exceeded: after the bid opening date,exclusive of the bid opening date.
2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if participation is less than after the bid opening date,exclusive of the bid opening date.
statedgoal:
3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day
Utilization Form, if no MBE participation: after the bid opening date,exclusive of the bid opening date.
4. Prime Contractor Waiver Form,if you will received no later than 2:00 p.m.,on the second City business day
perform all subcontracting/supplier work: after the bid opening date,exclusive of the bid opening date.
5. Joint Venture Form, if goal is met or received no later than 2:00 p.m.,on the second City business day
exceeded: after the bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULTIN
THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED
NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A
PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION
PERIOD OF THREE YEARS.
Any questions,please contact the M/WBE Office at(817)212-2674.
Rev.2/10/15
00 52 43- 1
A.-reement
Page I of 4
1 SECTION 00 52 43
2 AGREEMENT
3 THIS AGREEMENT, authorized on May 17, 2016 is made by and between the City of Forth
4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
5 ("City"), and Advanced Paving Acquisition, Ltd, authorized to do business in Texas, acting by
6 and through its duly authorized representative, ("Contractor").
7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
8 follows:
9 Article 1. WORK
10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the
11 Project identified herein.
12 Article 2.PROJECT
13 The project for which the Work under the Contract Documents may be the whole or only a part is
14 generally described as follows:
15 HMAC 2016-6 CDBG Street Rehabilitation
16 City Proiect Number 100124
17 Article 3. CONTRACT TIME
18 3.1 Time is of the essence.
19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
20 Documents are of the essence to this Contract.
21 3.2 Final Acceptance.
22 The Work will be complete for Final Acceptance within 80 Calendar days after the date
23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
24 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 Six Hundred Fifty Dollars ($650.00) for each day that expires after the time
34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
35 Acceptance.
N
L RECORDCRETARYRTH,TX
CITY OF FORT WORTH H.IMC 2016-6 CDBG Street Rehab
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projeci Number 100124
Revised_\oust 17_?nl'_
005243-2
Agreement
Page 2 of
36 Article 4. CONTRACT PRICE
37 City agrees to pay Contractor for performance of the Work in accordance with the Contract
38 Documents an amount in current funds of nine hundred eizhty-Tve thousand,seven hundred
39 eighteen and 25/100 DOLLARS($985,718.25).
40 Article 5. CONTRACT DOCUMENTS
41 5.1 CONTENTS:
42 A. The Contract Documents which comprise the entire agreement between City and
43 Contractor concerning the Work consist of the following:
44 1. This Agreement.
45 2. Attachments to this Agreement:
46 a. Bid Form
47 1) Proposal Form
48 2) Vendor Compliance to State Law Non-Resident Bidder
49 3) Prequalification Statement
50 4) State and Federal documents (project specific)
51 b. Current Prevailing Wage Rate Table
52 c. Insurance ACORD Form(s)
53 d. Payment Bond
54 e. Performance Bond
55 f. Maintenance Bond
56 g. Power of Attorney for the Bonds
57 h. Worker's Compensation Affidavit
58 i. MBE and/or SBE Commitment Form
59 3. General Conditions.
60 4. Supplementary Conditions.
61 5. Specifications specifically made a part of the Contract Documents by attachment
62 or, if not attached, as incorporated by reference and described in the Table of
63 Contents of the Project's Contract Documents.
64 6. Drawings.
65 7. Addenda.
66 8. Documentation submitted by Contractor prior to Notice of Award.
67 9. The following which may be delivered or issued after the Effective Date of the
68 Agreement and, if issued, become an incorporated part of the Contract Documents:
69 a. Notice to Proceed.
70 b. Field Orders.
71 c. Change Orders.
72 d. Letter of Final Acceptance.
73
74
OFFICIAL RECORD
CITY SECRETARY
FT. WORTHS TX
CITY OF FORT WORTH HAMC 2016-6 CDBG Street Rehab
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100124
Revised ALILLI�t 17177 1012
00 52 43-3
Agreement
Page 3 of 4
75 Article 6. INDEMNIFICATION
76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
77 expense, the city, its officers, servants and employees, from and against any and all
78 claims arising out of, or alleged to arise out of, the work and services to be performed
79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
80 under this contract. This indemnification provision is specifically intended to operate
81 and be effective even if it is alleged or proven that all or some of the damages beim
82 sought were caused, in whole or in part, by any act, omission or negligence of the city.
83 This indemnity provision is intended to include, without limitation, indemnity for
84 costs, expenses and legal fees incurred by the city in defending against such claims and
85 causes of actions.
86
87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
88 the city,its officers,servants and employees, from and against any and all loss,damage
89 or destruction of property of the city,arising out of,or alleged to arise out of,the work
90 and services to be performed by the contractor, its officers, agents, employees,
91 subcontractors, licensees or invitees under this contract. This indemnification
92 provision is specifically intended to operate and be effective even if it is alleged or
93 proven that all or some of the damages beim sought were caused, in whole or in part,
94 by any act,omission or negligence of the city.
95
96 Article 7. MISCELLANEOUS
97 7.1 Terms.
98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
99 have the meanings indicated in the General Conditions.
100 7.2 Assignment of Contract.
101 This Agreement, including all of the Contract Documents may not be assigned by the
102 Contractor without the advanced express written consent of the City.
103 7.3 Successors and Assigns.
104 City and Contractor each binds itself, its partners, successors, assigns and legal
105 representatives to the other party hereto, in respect to all covenants, agreements and
106 obligations contained in the Contract Documents.
107 7.4 Severability.
108 Any provision or part of the Contract Documents held to be unconstitutional, void or
109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all
110 remaining provisions shall continue to be valid and binding upon CITY and
111 CONTRACTOR.
112 7.5 Governing Law and Venue.
113 This Agreement, including all of the Contract Documents is performable in the State of
114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
115 Northern District of Texas, Fort Worth Division.
OFFICIAL RECORD
CITY OF FORT WORTH CITY SECRETARY 11112016-6 CDBG Street Rehab
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100124
Revised ALILLUt 1 201-' FT.WORTH,TX
005243-4
Agreement
Page 4 of 4
116 7.6 Other Provisions.
117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
118 classified, promulgated and set out by the City, a copy of which is attached hereto and
119 made a part hereof the same as if it were copied verbatim herein.
120 7.7 Authority to Sign.
121 Contractor shall attach evidence of authority to sign Agreement, if other than duly
122 authorized signatory of the Contractor.
123
124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
125 counterparts.
126
127 This Agreement is effective as of the last date signed by the Parties("Effective Date").
128
Contractor: City of Fort Wo h
Jay Chapa
By: Assistant City Manager
Signature) O ,� /�
=c �L� Date I
Attest:
(Printed Name) City Se retary
< (Seal) 1+
Title: °-4
Address:
M&C
_ Date:
%sem 111-151#�«-yrosz.
Ci //State/Zi Ap rov as to Form and Legality:
Date Douglas W. Black
Assistant City Attorney
129
130
131 APPROVAL RECOMMENDED:
132
133 p
134 , J fig/
135 Douglas ersig, P.Es. /
136 DIRECTO ,
137 Transportation & Public Works Department
138
OFFICIAL RECORD
CITY SECRETARY
CITY OF FORT WORTH FT.WORTH,TX HMC 2016-6 CDBG Street Rehah
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100124
Revised.\u<ai,t 17.2012
Bond#SSB408290
006113- 1
PERFORMANCE BOND
Page 1 of 2
1 SECTION 00 61 13
2 PERFORMANCE BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we,Advanced PavinQAcguisition,Ltd, known as "Principal"herein and
8 RLI Insurance Company , a corporate surety(sureties, if more than
9 one)duly authorized to do business in the State of Texas, known as "Surety" herein (whether one
10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
11 pursuant to the laws of Texas, known as "City"herein, in the penal sum of,NINE HUNDRED
12 EIGHTY-FIVE THOUSAND,SEVENHUNDRED EIGHTEENAND 25/100 Dollars
13 ($985,718.25), lawful money of the United States,to be paid in Fort Worth,Tarrant County,
14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
15 executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
16 WHEREAS,the Principal has entered into a certain written contract with the City
17 awarded the 17th day of May,2016, which Contract is hereby referred to and made a part hereof
18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other
19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as
20 provided for in said Contract designated as HMAC 2016-6 CDBG Street Rehabilitation
21 City Proiect Number 100124
22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal
23 shall faithfully perform it obligations under the Contract and shall in all respects duly and
24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
25 specifications, and contract documents therein referred to, and as well during any period of
26 extension of the Contract that may be granted on the part of the City, then this obligation shall be
27 and become null and void, otherwise to remain in full force and effect.
28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in
29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
30 Worth Division.
31 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
32 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
33 accordance with the provisions of said statue.
34 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED
35 this instrument by duly authorized agents and officers on this 17th day of May, 2016.
CITY OF FORT WORTH 11,1f.4('20/6-6 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number/00/24
Revised July 1,2011
0061 13-2
PERFORMANCE BOND
Page 2 of 2
1 PRINCIPAL:
2 Advanced Pa g Ac uis ' n,Ltd.
3
4
5 BY:
6 Sbgxiature
7 ATTEST:
8 j
9 � L
10 (Principal)Secretary Name and Title
11
12 Address: 2311 Joe Field Road
13 Dallas,TX 75229
14
15
16 itness as t rinci a
17 SURETY:
18 RLI Insurance Company _
19
20
21 BY: !/!
22 Si nature
23
24 Sophinie Hunter,Attorney-In-Fact
25 Name and Title
26
27 Address:9025 N. Lindbergh Drive
28 Peoria,IL 61615
29
30
31 Witness as to Surety Telephone Number: 800-645-2402
32
33
34
35 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract
36 from the by-laws showing that this person has authority to sign such obligation. If
37 Surety's physical address is different from its mailing address, both must be provided.
38 The date of the bond shall not be prior to the date the Contract is awarded.
39
CITY OF FORT WORTH 11A N C 2016-6 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Clrr Project Aumber 100124
Revised July I,2011
Bond#SSB408290
0061 14-1
PAYMENT BOND
Page I of 2
1 SECTION 00 61 14
2 PAYMENT BOND
3
4 THE STATE OF TEXAS §
5 § KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT §
7 That we, Advanced Paving Acquisition, Ltd, known as "Principal" herein, and
8 RLI Insurance Company a corporate surety
9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
12 penal sum of NINE HUNDRED EIGHTY-FIVE THOUSAND, SEVEN HUNDRED
13 EIGHTEENAND 25/100 Dollars (5985,718.251, lawful money of the United States, to be paid
14 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we
15 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
16 firmly by these presents:
17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the
18 17th day of May,2016, which Contract is hereby referred to and made a part hereof for all
19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other
20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and
21 designated as HMAC 2016-6 CDBG Street Rehabilitation City Proiect Number 100124
22
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTH HVAC 2016-1 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100124
Revised July 1,2011
0061 14-2
PAYMENT BOND
Page 2 of 2
1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
2 this instrument by duly authorized agents and officers on this the 17th day of May,2016.
3
PRINCIPAL: /'
Advanced Pavin / c uisi Ltd.
ATTEST: BY:
Sign re
(Principal) Secretary Name and Title
Address: 2311 Joe Field Road
Dallas,TX 75229
Wftiiess as t Principal
SURETY:
RLI Insurance Company
ATTEST: BY:
Sig�L&kl��Lk na ure
Sophinie Hunter, Attorney-In-Fact
(Sure ) Sec tary Name and Title
Address: 9025 N. Lindbergh Drive
`JLI)kL,S- Peoria,IL 61615
Witness as to Surety
Telephone Number: 800-645-2402
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 11.41AC 2016-1 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100124
Revised July 1,2011
Bond#SSB408290
0061 19- 1
MAINTENANCE BOND
Page 1 of 3
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 Advanced Paving Acquisition,Ltd. known as"Principal"herein and
9 RLI Insurance Company , a corporate surety (sureties, if more than
10 one)duly authorized to do business in the State of Texas, known as "Surety" herein(whether one
I 1 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
12 pursuant to the laws of the State of Texas, known as "City"herein, in the sum of NINE
13 HUNDRED EIGHTY-FIVE THOUSAND,SEVENHUNDRED EIGHTEENAND 25/100
14 Dollars($985,718.25), lawful money of the United States,to be paid in Fort Worth, Tarrant
15 County, Texas, for payment of which sum well and truly be made unto the City and its
16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly
17 and severally, firmly by these presents.
18
19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the
20 17th day of May, 2016, which Contract is hereby referred to and a made part hereof for all
21 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories
22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly
23 authorized Change Order(collectively herein,the"Work") as provided for in said contract and
24 designated as HMAC 2016-6 CDBG Street Rehabilitation City PrOiect Number 100124; and
25
26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in
27 accordance with the plans, specifications and Contract Documents that the Work is and will
28 remain free from defects in materials or workmanship for and during the period of two(2)years
29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
30
31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
32 upon receiving notice from the City of the need therefor at any time within the Maintenance
33 Period.
34
CITY OF FORT WORTH HAMC 2016-1 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project.Number 100124
Revised July 1,2011
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 NOW THEREFORE,the condition of this obligation is such that if Principal shall
2 remedy any defective Work, for which timely notice was provided by City, to a completion
3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in
4 full force and effect.
5
6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to
8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
9 the Surety under this Maintenance bond; and
10
11 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in
12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
13 Worth Division; and
14
15 PROVIDED FURTHER,that this obligation shall be continuous in nature and
16 successive recoveries may be had hereon for successive breaches.
17
18
19
CITY OF FORT WORTH HMAC 2016-1 CDBG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0rn Project Number 100124
Revised July 1,2011
0061 19-3
MAINTENANCE BOND
Page 3 of 3
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 17th day of May,2016.
3
4 PRINCIPAL:
5 Advanced Pavilli Ac uisi ,Ltd.
6
7
8 BY:_
9 gnature
10 ATTEST: /
12
13 (Principal)Secretary Name and Title
14
15 Address: 2311 Joe Field Road
16 Dallas,TX 75229
17 _
18
19 i nes-as t rind a
20 SURETY:
21 RLI Insurance Company
22
23
24 BY: c __
25 Si nature
26
27 Sophinie Hunter,Attorney-In-Fact
28 AT S Name and Title
29
30 Address:9025 N. Lindbergh Drive
31 (Suret secretary Peoria,IL 61615
32
33
34 Witness as to Surety Telephone Number: 800-645-2402
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 (1)
CITY OF FORT WORTH H,kMC 2016-1 CABG
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0tti•Project Number 100124
Revised July I,2011
RURLI902surety POWER OF ATTORNEY
9025 N.Lindbergh Dr. Peoria,IL 61615
Phone:(800)645-2402 Fax:(309)689-2036 RLI Insurance Company
www.rlicorp.com
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the
approving officer if desired.
That RLI Insurance Company,an Illinois corporation,does hereby make,constitute and appoint:
Lisa M.Bonnot,Don E.Cornell,Ricardo J.Reyna,V.DeLene Marshall,Sophinie Hunter,Robbi Morales.Kelly A.Westbrook,jointly
or severally
in the City of Dallas State of Texas its true and lawful Agent and Attorney in Fact,with full
power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described
bond.
Any and all bonds provided the bond penalty does not exceed Twenty Five Million Dollars($25,000,000.00).
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been
executed and acknowledged by the regularly elected officers of this Company.
The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors
of RLI Insurance Company,and now in force to-wit:
"All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of
the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board
of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate
seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The
signature of any such officer and the corporate seal may be printed by facsimile."
IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its
corporate seal affixed this 3rd day of March 2015
"""""""'�• RLI Insurance Company
"'o CE Cp!o
, C,01tPORAjI,
: SEAL . By. �`
Roy C.Di Vice President
State of Illinois l I N 0;%0,"%'��,
} SS
County of Peoria )
CERTIFICATE
On this 3rd day of March 2015 before me, a Notary Public, I, the undersigned officer of RLI Inslurance Currpany, a stock
personally appeared Roy C. Die who being by me duly sworn, corporation of the State of Illinois, do hereby certify that the attached
acknowledged that he signed the above Power of Attorney as the aforesaid Power of Attorney is in full force and effect and to irrevocable; and
officer of the RLI Insurance Company and acknowledged said instrument to furthermore, that the Resolution of tl-,e Company as set for..h in the
be the voluntary act and deed of said corporation. Power of Attorney, is now in force. In testim ny whereof, I have
hereuntg set my handand the seal of t e RLI Insurance Ccmpany
this 170 day of ,
By: &.C.
Jacque a M.Bockler Notary Public RLI Insurance Company
aR� "C)FFICIAL SEAL"
�srnr�eoF JACQUELINE M.80CKLER BY:
_,._.
COMMISSION EXPIRES 01/14/18 Roy C.Di Vice President
4271584020 12
A0058514
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:August 17,2012
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 —Definitions and Terminology..........................................................................................................l
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
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents................................................................................................................... 10
3.06 Electronic Data............................................................................................................................11
Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands..................................................................................................................11
4.02 Subsurface and Physical Conditions ..........................................................................................12
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities ............................................................................................................... 13
4.05 Reference Points .........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article 5—Bonds and Insurance .....................................................................................................................16
5.01 Licensed Sureties and Insurers................................................................................................... 16
5.02 Performance, Payment, and Maintenance Bonds.......................................................................16
5.03 Certificates of Insurance.............................................................................................................16
5.04 Contractor's Insurance................................................................................................................18
5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19
Article 6—Contractor's Responsibilities........................................................................................................19
6.01 Supervision and Superintendence...............................................................................................19
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:August 17,2012
6.02 Labor; Working Hours................................................................................................................20
6.03 Services, Materials, and Equipment...........................................................................................20
6.04 Project Schedule..........................................................................................................................21
6.05 Substitutes and "Or-Equals".......................................................................................................21
6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24
6.07 Wage Rates..................................................................................................................................25
6.08 Patent Fees and Royalties...........................................................................................................26
6.09 Permits and Utilities....................................................................................................................27
6.10 Laws and Regulations.................................................................................................................27
6.11 Taxes ...........................................................................................................................................28
6.12 Use of Site and Other Areas .......................................................................................................28
6.13 Record Documents......................................................................................................................29
6.14 Safety and Protection..................................................................................................................29
6.15 Safety Representative..................................................................................................................30
6.16 Hazard Communication Programs .............................................................................................30
6.17 Emergencies and/or Rectification...............................................................................................30
6.18 Submittals....................................................................................................................................31
6.19 Continuing the Work...................................................................................................................32
6.20 Contractor's General Warranty and Guarantee..........................................................................32
6.21 Indemnification .........................................................................................................................33
6.22 Delegation of Professional Design Services ..............................................................................34
6.23 Right to Audit..............................................................................................................................34
6.24 Nondiscrimination.......................................................................................................................35
Article 7-Other Work at the Site...................................................................................................................35
7.01 Related Work at Site...................................................................................................................35
7.02 Coordination................................................................................................................................36
Article 8-City's Responsibilities...................................................................................................................36
8.01 Communications to Contractor...................................................................................................36
8.02 Furnish Data................................................................................................................................36
8.03 Pay When Due ............................................................................................................................36
8.04 Lands and Easements; Reports and Tests...................................................................................36
8.05 Change Orders.............................................................................................................................36
8.06 Inspections, Tests, and Approvals..............................................................................................36
8.07 Limitations on City's Responsibilities.......................................................................................37
8.08 Undisclosed Hazardous Environmental Condition....................................................................37
8.09 Compliance with Safety Program...............................................................................................37
Article 9-City's Observation Status During Construction...........................................................................37
9.01 City's Project Representative .....................................................................................................37
9.02 Visits to Site................................................................................................................................37
9.03 Authorized Variations in Work..................................................................................................38
9.04 Rejecting Defective Work ..........................................................................................................38
9.05 Determinations for Work Performed..........................................................................................38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:Augo 17,2012
Article 10-Changes in the Work; Claims; Extra Work................................................................................38
10.01 Authorized Changes in the Work...............................................................................................38
10.02 Unauthorized Changes in the Work ...........................................................................................39
10.03 Execution of Change Orders.......................................................................................................39
10.04 Extra Work..................................................................................................................................39
10.05 Notification to Surety..................................................................................................................39
10.06 Contract Claims Process.............................................................................................................40
Article I 1 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41
1 1.01 Cost of the Work.........................................................................................................................41
11.02 Allowances..................................................................................................................................43
11.03 Unit Price Work..........................................................................................................................44
11.04 Plans Quantity Measurement......................................................................................................45
Article 12-Change of Contract Price; Change of Contract Time.................................................................46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Time............................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48
13.01 Notice of Defects ........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections..................................................................................................................48
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work.............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................50
13.07 Correction Period........................................................................................................................50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 City May Correct Defective Work.............................................................................................51
Article 14-Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments......................................................................................................................52
14.03 Contractor's Warranty of Title...................................................................................................54
14.04 Partial Utilization........................................................................................................................55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment..............................................................................................................................56
14.08 Final Completion Delayed and Partial Retainage Release ........................................................56
14.09 Waiver of Claims........................................................................................................................57
Article 15 -Suspension of Work and Termination........................................................................................57
15.01 City May Suspend Work.............................................................................................................57
15.02 City May Terminate for Cause...................................................................................................58
15.03 City May Terminate For Convenience.......................................................................................60
Article16-Dispute Resolution......................................................................................................................61
16.01 Methods and Procedures.............................................................................................................61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:August 17,2012
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
STANDARD CONSTRUCTION SPEC IFCATION DOCUMENTS
Revision:August 17,2012
00 72 00-1
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. Bic-The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
7. Bidder—The individual or entity who submits a Bid directly to City.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day – A business day is defined as a day that the City conducts normal business,
generally Monday through Friday,except for federal or state holidays observed by the City.
11. Buzzsaw–City's on-line, electronic document management and collaboration system.
12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS
Revision:August 17,2012
00 72 00-1
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 11.0 l of these General Conditions for definition.
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25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28. Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant,or agents.
31. Director of Water Department— The officially appointed Director of the Water Department
of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents.
32. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer—The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the
Contract Documents. Extra work shall be part of the Work.
36. Field Order—A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
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38. Final Inspection – Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements—Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item–An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5%of the original Contract Price or$25,000 whichever is less.
45. Milestone—A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award—The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs—Polychlorinated biphenyls.
49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non-Hazardous Waste and crude oils.
50. Plans–See definition of Drawings.
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51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with
the General Requirements, describing the sequence and duration of the activities comprising
the Contractor's plan to accomplish the Work within the Contract Time.
52. Project—The Work to be performed under the Contract Documents.
53. Project Representative—The authorized representative of the City who will be assigned to
the Site.
54. Public Meeting – An announced meeting conducted by the City to facilitate public
participation and to assist the public in gaining an informed view of the Project.
55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
56. Regular Working Hours Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday
thru Friday(excluding legal holidays).
57. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of lralues A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights-of-way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
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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:
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1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (l) 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.
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the
Work.
2.05 Preconstruction Conference
Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as
specified in the Contract Documents.
2.06 Public Meeting
Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor
attending the Public Meeting as scheduled by the City.
2.07 Initial Acceptance of Schedules
No progress payment shall be made to Contractor until acceptable schedules are submitted to City in
accordance with the Schedule Specification as provided in the Contract Documents.
ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
City.
C. Clarifications and interpretations of the Contract Documents shall be issued by City.
D. The Specifications may vary in form, format and style. Some Specification sections may be
written in varying degrees of streamlined or declarative style and some sections may be
relatively narrative by comparison. Omission of such words and phrases as "the Contractor
shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined
sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions
may appear in various parts of a section or articles within a part depending on the format of the
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section. The Contractor shall not take advantage of any variation of form, format or style in
making Contract Claims.
E. The cross referencing of specification sections under the subparagraph heading "Related
Sections include but are not necessarily limited to:" and elsewhere within each Specification
section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on
the cross referencing provided and shall be responsible to coordinate the entire Work under the
Contract Documents and provide a complete Project whether or not the cross referencing is
provided in each section or whether or not the cross referencing is complete.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any
of their subcontractors, consultants, agents, or employees, from those set forth in the Contract
Documents. No such provision or instruction shall be effective to assign to City, or any of its
officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority
to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein against all applicable field measurements and
conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity,
or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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6.17.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or
discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier(whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's Buzzsaw site. Files in electronic media
format of text, data, graphics, or other types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained or derived from such electronic files
will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard
copies, the hard copies govern.
B. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware
differing from those used by the data's creator.
ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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