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Contract 47949
SECt�rT�►it� CITY — CITY SECRETAW D.O.E. FILE CONTRACT N0. Lu CONTRACTOR'$ BOt0; CMSTRUCTION'S COP'v WOR• 'H CLIENT DEPARI 1`f r;:'f'! 1' PROJECT MANUAL FOR THE CONSTRUCTION OF PARK GLEN STREET IMPROVEMENTS City Project No.: 100024 Betsy Price David Cooke Mayor City Manager Douglas W.Wiersig,P.E. Director,Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2015 OF :.:................./ i RAD 1.NUSRALLAH i .................. 88823fit 16 • t � OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX OffidaI site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR. H COUNCIL ACTION: Approved on 6/7/2016 DATE: 6/7/2016 REFERENCE C-27757 LOG NAME: 20PARK GLEN STREET NO.: IMPROVEMENTS CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT. Authorize Execution of a Contract with Ragle, Inc., in the Amount of$1,648,025.25 for Park Glen Street and Sidewalk Improvements and Provide for Project Costs and Contingencies for a Total Project Amount of$1,977,630.25 (2014 BOND PROGRAM) (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Ragle, Inc., in the amount of$1,648,025.25 for Park Glen Street and Sidewalk Improvements. DISCUSSION: The Park Glen Street and Sidewalk Improvements Project, which is part of the 2014 Bond Program, will remove and replace 13,445 square yards of concrete street segments, 26,511 square feet of damaged sidewalks and 58 American with Disability Act barrier free ramps (City Project No. 100024). Description Amount Design $0.00 Construction $1,648,025.25 Project $329,605.00 Management/inspection/Contingencies, Etc. E Total Project Budget $1,977,630.25 Construction for this project is to start approximately July, 2016 with a completion date of approximately April, 2017. On February 9, 2016 (M&C G -18669), the City Council authorized the rejection of all bids received on December 17, 2015 for Park Glen Street Improvements project. This project was re-advertised on February18, 2016 and February 25, 2016 in the Fort Worth Star-Telegram. On March 17, 2016, the following bids were received: Bidders Amount Ragle, Inc. $1,648,025.25 Jackson Construction Ltd. $1,775,825.50 Cheyenne Construction Co. $1,837,388.30 Stabile & Winn, Inc. $2,592,685.50 Ed Bell Construction Co. $2,619,311.85 This project is part of the 2014 Bond Program and General Capital Projects. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official intent to reimburse that was adopted as part of the ordinance canvassing the bond election - Ordinance No. 21241-05-2014. MIWBE OFFICE - Ragle, Inc., is in compliance with the City s BDE Ordinance by committing to 10 percent MBE participation. The City s MBE goal on this project is 10 percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICT 4, Mapsco 36Q. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements COs Residuals Fund and 2014 Bond Program Fund. Description Appropriated Pending Remaining Park Glen Streets $977,630.25 $648,025.25 $329,605.00 Project Fund 39412 Park Glen Streets $1,000,000.00 $1,000,000.00 $0.00 Project Fund 34014 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 34014 0200431 5740010 100024 003380 2016 14010199 $1,000,000.0 O39412 0200431 5740010 100375 003380 $648,025.2 rolo Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Tariqul Islam (2486) ATTACHMENTS Form 1295 Ragle lnc..Ddf Mag Park Glen CR.pdf FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 0000 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 26 Contractor Compliance with Workers'Compensation Law 004540 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 7839 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 15 Paving Removal Division 31 - Earthwork 31 23 16 Unclassified Excavation Division 32- Exterior Improvements 32 11 23 Flexible Base Courses 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1723 Pavement Markings 32 1725 Curb Address Painting 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding Division 33—Utilities 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 46 00 Subdrainage Division 34- Transportation 3471 13 Traffic Control Division 35—Special (TxDOT) 99 99 00 TxDOT Geogrid Base Reinforcement Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://projectpoiiit.buzzsaw.coin/client/fortwoi-thgov/Resoui-ces/02%20- %20Construction%20Documents/Specifications Division 99—Special Technical Specifications 9999.0096 Paving Construction Allowance Appendix GC-6.06.D Minority and Women Owned Business Enterprise Documents GC-6.07 Wage Rates A Street Locations and Quantity,Plans and Details B Standards END OF SECTION CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. I00024 Revised November 22,2013 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of PARK GLEN STREET IMPROVEMENTS,City Project No. 5 100024 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth,Texas 76102 11 until 1:30 P.M. CST,Thursday,December 17,2015,and bids will be opened publicly and read 12 aloud at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: 16 17 13,445 S.Y Remove Concrete and Replace with 7"Concrete Pavement HES 18 26,511 S.F. Remove and Replace 4"Sidewalk 19 4,015 S.F. Remove and Replace Concrete Driveway 20 58 EA Install ADA Ramp 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at htip://www.fortworthgov.org/purchasing/and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 26 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 27 suppliers. 28 29 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 30 392-8459.City of Fort Worth,TPW, 1000 Throckmorton St.,Fort Worth,TX 76102. 31 32 The cost of Bidding and Contract Documents is: $30.00 33 34 PREBID CONFERENCE 35 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 36 BIDDERS at the following location,date, and time: 37 DATE: Monday,November 23,2015 38 TIME: 01.00 P.M. 39 PLACE: Transportation&Public Works, 1000 Throckmorton Street,Room 270 40 Fort Worth,Texas 76102 41 LOCATION: Municipal Building,2°d Floor. 42 43 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 44 City reserves the right to waive irregularities and to accept or reject bids. 45 46 INQUIRIES 47 All inquiries relative to this procurement should be addressed to the following: 48 Attn: Tariqul Islam, City of Fort Worth 49 Email: tariqul.islam@fortworthTexas.gov CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Phone: 817-392-2486 2 3 ADVERTISEMENT DATES 4 November 12, 2015 5 November 19, 2015 6 7 END OF SECTION CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 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 33 34 3.1.All Bidders and theif subeeatfaeter-s ffe r-equir-ed to be pFequeAfied for-the wer-k types 35 36 37 t Wefk types and doeuffWfitation afe as follows-i 38 39 ,ffmst be pr-epaFed to submAt to City within 40 ,the doeumentation identified ill seetien 00 41 . 42 43 3.2.1. 44 . 45 46 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City r-eser-ves the right to r-eElUiFe Hfi�' PFe Elualified eantr-aetar-whe is the apparent!aw 2 3 EliSeFeti8fl may require, ' luding but not limited to manpower-and equipment r-eeards, 4 , 5 to assist the City in evaluating and assessing the ability of the appaFeHt 18W bidder-(S) te 6 del:,,e.-„ quality p adoet and s essfi,ll„ plete., eets f8r-the ., „t bid, ,:thi fl 7 the SEi-pulated tifne-flame. Based open the Cit, assessment of the ,bitted 8 , 9 10 for-f:ejeetiag the appaFeHt low bidder-as fien responsive. Aff@eted eE)fltFaetE)FS Will be 11 HOtified Fitiflg f a re efid tiOR to the City GeHfleil. 12 13 3.4. 14 Withifi YaFiEMS eetieflS Of the CORtFaet PAP.,.,.,e..tq 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. 34 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site (except Underground Facilities) that 37 have been identified in the Contract Documents as containing reliable "technical 38 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 39 at the Site that have been identified in the Contract Documents as containing 40 reliable "technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish. All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents. No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto, shall be 49 binding upon the City. 50 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised November 27,2012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.7. Perform independent research,investigations,tests,borings,and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion,and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates,investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required.Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data, interpretations,opinions or information. 45 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means, methods, techniques, sequences or 5 procedures of construction (if any)that may be shown or indicated or expressly required 6 by the Contract Documents, (iii) that Bidder has given City written notice of all 7 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos, Polychlorinated 15 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way, easements,and/or permits are not obtained, the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6, Interpretations and Addenda 42 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation and Public Works 15 Fax: 817-392-7969 16 Email: tariqul.islam@fortworthtexas.gov ,,Phone: 817-392-2486 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>. 23 24 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 26 Project. Bidders are encouraged to attend and participate in the conference. City will 27 transmit to all prospective Bidders of record such Addenda as City considers necessary 28 in response to questions arising at the conference. Oral statements may not be relied 29 upon and will not be binding or legally effective. 30 31 7. Bid Security 32 33 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 34 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 35 the requirements of Paragraphs 5.01 of the General Conditions. 36 37 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 40 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 41 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 42 other Bidders whom City believes to have a reasonable chance of receiving the award 43 will be retained by City until final contract execution. 44 45 8. Contract Times 46 The number of days within which,or the dates by which,Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract,if awarded, will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or "or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended), the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate. The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five(5) City business days after the bid 24 opening date. The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 39 price item listed therein. In the case of optional alternatives, the words "No Bid," 40 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals, for which the Bidder proposes to do the 42 work contemplated or furnish materials required. All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals, the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder,and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids.After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates (if any) will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder, whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price, contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders, Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs, maintenance requirements, performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility, qualifications, and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization,work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CrrY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CrrY PROJECT NO.100024 Revised November 27,2012 003513- I CONFLICT OF INTEREST AFFIDAVIT Page I of I 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/f��rms/CI( df 12 13 htt ://�%ww.ethics.state_tx.us/firms/CIS.nddf 14 15 F7 CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: ,. .•, 26 ?�p 27 By: 28 Compan - (please nt - 29 I q 199 30 ) n-6 ! , I� Signature: 31 Address 32 ' /' Q 33 H P �n 1—}�X 1-7 b O lCJ Title: , Y1 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 100024 Revised March 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised November 27,2012 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Park Glen Street Improvements City Project No. 100024 Units/Sections: CONCRETE PAVING 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance Certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00_42_43_00_43_13_00_43_37_Bid—Form-Proposal-Bond_Vendor Compliance(0) 00 41 00 BID FORM Page 2 of 3 3 Free alFtieation a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 360 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid $1,648,025.25 7. Bid Submittal This Bid is submitted on 3/17/2016 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110627 00 41 00_00 42_43_00 43_13_00 43_37_Bid_Form-Proposal-Bond_Vendor_Compliance(0) 6a q 0a 11111HNIN In lilt DID FORAt r1 ro�`� a948 Inc''ryPap 3of] Respectfully submi ed,;• L Receipt is acknowledged of the following Addenda Initial BY Addendum No I Addendum No.2. IA� �, ••'•. .• Addendum No 3' .,� • TM �� Addendum No.4. Title Vice President Company Ragle Inc Corporate Seal Addtas P.O.Box 211927 Bedford.TX 76895 State of lncorpomion. Indiana Email tITIt:ICQvEg&MnC.COm Phone 817-285.6068 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCMIENfS Fee.RW44W 20110627 00 410000424L"_43_1 3 43 37 Bid_Fwni-Proposal-Boud_Vendor C"iimce(0) ro�313 IIID DOM Ydjr I SECTION 00 43 13 BIL)BONo KNOW ALF.BY TTTF7SE PREVENTS: TNdwe,(SfddeiNane) Ragle Construction,Inc hereinaftercaiied the Principal,and(Surety 1101110 Fidelity and Deposit Companv of Maryland a corporation or line duty authorized to aaa=act surety business in lie State of Tcxm,b i,:biaftcr called Ila Surely,are held and firmly Ix)und unln Ili,:Fort Worth City, hereinafter called the obligee, in the stint of Five Percent of Amount Bid and A'(J100 Millar, (S 5% .W), the payntaut of which sum Witt be well mod touly Inadl: and the- said principal and the said%rely,bind ourselves,our kci,s,cxc�-ulrns,x,lmini.lMUM',ultras on and:t+signs•juintly and severally,firm bythese presents. WHEREAS. the Principal has subinitied a ptoposal to perfunn wink for The following prnjcct of the Ohlipce, identified as Park Clen Street Imp rove nients Project No 100024 0 NOW, THEREFORE, if the Obligee dull Aq;Ird the: Contract for the foregoing project to the.Principal, and the l+rincipal shall Satisfy ail fCquircutc0lS and cuatlition,nxluiled for floe execuliun of the Cuntmct and shall enter inks the Cunr,acl in wining will, Iht:nliiigcc in accvrdanco with the terns of such proposal,then this bond shall be null and void.If the Principal fails to exKnte suoll conuact ilk accordalice With lite telliu oe Such prupmul ur finis to satisfy all requiremerls and cnnditiom rcgiiirrd fnr ThC CWC-1111011 Of lite Contonci.In al:ottlanee with ilio pwlxeail (Ir mild to satisfy all rcquireinents and conditions required for the execution of the Contract In accordance with the proposal.this bond shall become lite piopetty of the Obligee,without reuoune of the Principal anrVor Sturdy,not In exceed the Ix•nally hcrcatf,:and diall be used to compensate Obligee for die difference between Principal's Total Bid Amount and the nett selected Biddcr*.s Total Did ArnouN. ,,,agarranrrrrhh ren Fage, L IIy: 7AT �SignatuMmaa rncd hslxvIII), y Title 2o iX 6 Ragle CQnsti ctin of Principal} Fidelity aryland 'By: � John B. D uglas, y-in-Fact (Signature Of Alloniey-of-Pxt) *Attach Power of Altontey(Sorel ttorney-in-pact Impressed Surety Seat Only END OF SF.f T'TON Cl I YOFFOki-WOR ill STANDARD CMT17l:MON SprnFtr A'I kaV IkirT l(rX i I-.xi•,W-01 L0573 Wil W 1,4 41 43 W 41 13 eel 43 37 Rod Ei+:mProeailFWf.J_t'S•r.]ot_L'o:tpSutt[G).ela ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint John B. DOUGLAS, Robert F. PROX, John S. LUKENS, Glen E. STOVER, Debra HUTTS and Thomas G.WOODASON,all of Terre Haute,Indiana, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 2nd day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND uyyk� ,amu olio,, ..`G► INSLSEAL ~'°a '"� }PMD' o r�'�,•'3 Bio�m i o: �.. to s By Secretary Vice President Michael McKibben Thomas O.McClellan State of Maryland County of Baltimore On this 2nd day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same, and being by me duly swom, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 044-5130 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of Che Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. INJESTI- TONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7 day of 1yU4 4k 20j�.. '�V GVpd�r iQ?�►�^V�y�$ � ri4 �FV�r.3con'°'yao`Oma wr O .�. < i = 8RAL ~�MwNNN� At Gerald F.Haley,Vice President ucu rwrdn SECTION 00 4243 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Deat'�Iptiod Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity d 1 0135.0201 Remobilizetion 017000 EA / $500.00 Five HundreDosllars and No $500'00 2 9999.0000 Remove and Replace with 8'Concrete Driveway 02 41 30132 13 20 SF 4 015 $10.00 Ten Dollars and No Cents $40,150.00 3 99.0000 Remove Concrete and Replace with T Concrete Pavement HES 02 41 15/32 13 13 SY 13 445 $80.85 Eighty Dollars and Eighty Five $1,087,028.25 99 4 3123.0101 Unclassified Excavation 31 23 16 CY 100 Sw 00 Eighty Dollars and No Cams $8,000.00 5 9999.0000 Flex Base T 'A'GR-2 32 11 23 CY 300 $105.00 One Hundred Five Dollars and 9200 1 500 No Cents 6 9999.0000 Concrete HES(Extra Depth) 32 13 13 CY 200 $180.00 One Hundred Sixty Dollars and $32 00000 No Cents 7 9998.0000 Concrete Grindina for Sidewalk(up to 1 SF 200 $15.00 Fifteen Dollars and No Cents $3,000.00 8 3213.0700 Joint Sealant 321373 LF 450 $1.00 One Dollar and No Cents $450.00 9 9999.0000 Remove and Replace 4'Sidewalk 02 41 1313213 20 SF 26,511 $4.00 Eight Dollars and No Cents $212,088.00 10 3292.0100 Block Sod Placement 32 92 13 BY 3.155 $7.40 Seven Dollars and Forty Cents $23,347.00 11 3305.0108 Miscellaneous AO'uslmeM(Utilities) 33 05 14 LS 1No Cents $15,000.00 Fifteen Thousand Dollars and $15,000.00 12 9998.OW0 Geoprid,Tensar IAX 140-475 or Equivalent) 3501 2018 SY 400 $5.00 Five Dollars and No Cents $2,000.00 13 3346.0108 6'Pipe Underdrain TvDe 8 33 48 00 LF 200 $111.00 Sixteen Dollars and No Cents $3,200.00 14 0241.0300 Reprove ADA Ramp 02 41 13/32 13 20 EA 57 $500.00 Five Hundred Dollars and No 928,500.00 Cents 15 13213.0501 Barter Free Ramp.Type R-1 321320 EA 58 $1,650.00 One Thousand Six Hundred $95,700.00 Fill Dollars rid No Cents 16 9999.0000 Remove and Replace Mailbox 9 $450.00 Four Hundred Fifty Doilars and $4,050.00 No Cents 17 3305.0106 Miscellaneous Structure Adjustment 10'Slartn Drain Inlet To 33 OS 14EA 2 $450.00 Four Hundred Fifty Dollars and $90000 1 No Cents 10 3305.0107 Manhole Adjustment,Minor 330514 EA 21 :,.$450 00 Four Hundred FiDoltsrs and $� 19 3305.0111 Valve Box Adjustment 33 05 14 EA 2 $350.00 Three Hundred Fifty Dollars $700.00 20 3305.0108 Miscellaneous Structure Adjustment(Water Meter Box) 33 05 14 EA 2 $850.00 u r rs a $1,300.00 21 9999.0000 Remove and Re ace Brtok Retainina Wall SF 25 f55.00 Fifty Five Dollars and No Cents $1,375.00 22 3217.5001 Painfina House Addresses 32 17 25 Flt 46 $17.00 Seventeen Dollars and No $782.00 23 3110.0103 12'-18'Tree Removai 31 1000 EA 5 $525.00 FIvaHundred Twemy Five 92,625.00 Dollars and No Cents 24 3110.0104 18'-24'Tree Removal 31 1000 EA 20 $710.00 Seven Hundred Ten Dollars $14,200.00 lind No Cents 25 3110.0105 24'and Larcer Tree Removal 31 1000 EA 5 $1,450.00 One Thousand Four Hundre0 37,250.00 Fiflv Dollars and No 28 3217.2001 Raised Marker TY W 321723 EA 24 $4.00 Four Dollars and No Cents $96.00 27 13217.2DO2 Raised Marker TY Y 321723 EA 136 $4.00 Four Dollars and No Cents $544.00 26 3217.2101 REFL Raised Marker TY I-A 321723 EA 20 $4.00 Four Dollars and No Cents $80.00 29 3217.2102 REFL Raised Marker TY I-C 321723 EA 20 $4.00 Four Dollars and No Cords $80.00 30 3217.2103 REFL Raised Marker TY II-A-A 321723 EA 10 $4.00 Four Dollars and No Cents $40.00 31 3217.2104 REFL Raised Marker TY II-C-R 321723 EA 10 $4.00 Four Dollars and No Cams $40.00 32 3217.050124'Sold White Thema astir HA Crosswalk Lines 32 17 23 LF 100 $4.00 Six Dollars and No Cents $800.00 $30,000.00 Thirty Thausand Dollars and 1x0,000.00 33 9999.0096 Pavi Construction Allowance EA 1Cents Total Bid $1,,",02S.26 cmarncaraaam numnaamds u-v- r�a�mrrmn W II W�QO al_O Il m U_3]Y f _Vrb_c�.A (xi 4:. ENI )R(o%IPL 14\(t ))SI NTE LNV� Page IwI 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 Stnte of SM Iier or B:;,,: our principal place of business, are required to be J i,r: ' percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of cl. H,-r-or Pr ,our principal place of business, are not required to underbid resident bidders. B.The principal place of business of ocompany or our parent company or majority owner is in the State of Texas. �] NN�N�„rrarrrrrrprr� BIDDER: fj+agle',1170 Company: 4e I_rrrx• By: �I�aa.7 Address: P O. ab)o ' ev..t 6, -d T%0 -1(e0 15' Title- tk PIE Date: 3 b l END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form RevLwd 20110627 00 41 00_00_42_43_00_43_13_00_43_37_Bid_Fam-Propoul-Bond_Vendor_Com rmo*O).xh 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. GGO 1-539590-0202003 Contractor further certifies that,pursuant to Texas Labor 6 Code,Section 406.096(b), as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 9 CONTRACTOR: 00�a9�t �����• 10 paPn b . 11 By: 12 Company Plea t) _ 13 c� l 14 �� Signature: 15 Address 16 17 ��� P6C � ► 1 Ib ©�� Title: V�C.P I�(PS��-F Vt 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 � Q 1 , known to me to be the person whose name is 27 subscribed to the fore ing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of for the purposes and 29 consideration therein expressed and in the apacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this -day of 32 U2 a, V-, , 20-i�o 33 34 35 36JUANA F. GUERRA lic in and for th Stat of Texas •"""""• 37 '� 8.� Notary Fubiic,Sto►e of texos = My Commission Expires March 02 '�- , 2019 38 ;,,,'� ID OF SEC of 39 CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised July 1,2011 004540- 1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 10% of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 30 defiW the MBE documentation in person to the appropriate employee of the purchasing division and 31 obb& a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 32 time allocated. A faxed and/or emailed copy will not be accepted. 33 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m.,on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 P'n►',on-the-second City lausiness Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 34 CITY OF FORT WORTH Park Glen Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100024 Revised June 9,2015 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOAL 14 The City's MBE goal on this project is 10% of the total bid (Base bid applies to Parks and 15 Community Services). Now. If both MBE and SBE subcontracting goals are established for this 16 project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered responsive to the specifications. 33 deliver tlr: 11J cloy+ t tt ilWi Tpersen to the appropriate employee 66h �' 34 palm and obtain a ateltime receipt. Such receipt shall be evidence dwt the�Cit l+ hived:Ih 35 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid o enin date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH PARK GLEN STREET IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.100024 Revised December 20,2012 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 7, 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 Ra;;le, Inc., authorized to do business in Texas, acting by and through its duly 6 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 Park Glen Street Improvements 16 City Project Number 100024 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 360 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($60.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Park Glen Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100024 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of One Million, Six Hundred Forty-Eizht Thousand, 38 Twenty-Five and 25/100 Dollars ($1,648,025.25). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Park Glen Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENI'S City Project Number 100024 Revised August 17,2012 00 5243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. T his indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of, or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city, 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH l T WORTH, TX Park Glen Street Improvements STANDARD CONSTRUCTION SPECIFICATF ION DOCUNIFN"I'S ' City Project Number 100024 Revised August 17.2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Contractor: City of Fort'Worth c' •'Gpp,P O l�q Jay Chapa B TF Assistant City Manager n Date �., • ' Attest: e � tntedl�3ne) City SArelary g �� (Seal) Title: �ce Pias��-ti;'� Address: ]?O, /�akL� Q XAS M&C G-Z'nS'7 fir- K.01: toots -ifs SL( Date: 4-1-711(0 City/State/Zip: S ` / ?��„�7 Approved as to Form and Legality: Date A • /ti( Assistant City Attorney eiboh4r 128 129 130 APPROVAL RECOMMENDED: 131 132 \ ,' 133 0_ l,) 134 Douglas 'ersig, P.E. 135 DIREC 136 Transportation &Public Works Department 137 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number/00024 Revised August 17,2012 006113-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Rg le,Inca known as"Principal"herein and Colonial American Casualty and Surety Company 8 Fidelity and Deposit c oMDanv of Marvland 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,ONE,".�'LLION.S� 12 HUNDRED FORTY-EIGHT THOUS.41VA TWENTF-FIVE AND 2S/100 DOLLARS 13 (51,648,025.257, 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 7th day of June,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 Park Glen Street Improvements, City Project No. 21 100024 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 7th day of June,2016. 36 PRINCIPAL: CFrY OF FORT WORTH Park Glen Street bnproventents STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit) Project Humber 100024 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 ] Ragle,Inc. 2 3 parr rr r, 4 ,���a` pa9 np BY: 5 ' 6 A77'ESPORq"F. ��' g 'GORP�R4 a y _ le In, S Eli z� 9 (Prinici ecre 3 - e an P At P ]0 •., �MDIA�Q' h,Address�p,,o NeBox ,� ' ug !{ 4762P`, 13 t`tyy4�'beaa ���•````, °�U u n u N `� 14 15 Witness as to Principal 16 SURETY: 17 Colonial American Casualty and Surety Company ]8 Fidelityand nd De osit mpany of Maryland 19 20 BY:_ 21 Si tur 22 23 John B.Dougl ,Attorn y-in-Fact 24 Name a "----"---.—_-__-_____ _.-- 25 26 Address: 1400 American Lane,Tower I,18th Floor 27 Schaumburg,IL 60196 2829 30 Witness as to Surety Telephone Number: 317-816-4882 31 32 33 34 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 35 from the by-laws showing that this person has authority to sign such obligation. If 36 Surety's physical address is different from its mailing address, both must be provided. 37 The date of the bond shall not be prior to the date the Contract is awarded. 38 CITY OF FORT WORTH Park Glen Srreei Improsemenls STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crq•Pro)ccr Number 100024 Revised July 1,2011 0061 14-1 PAYMENTBOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Ra-de, Ing., known as "Principal' herein, and Colonial American Casualty and Surety Company 8 Fidelity and Deposit Company of Maryland 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 ONE MILLION. SIX HUNDRED FORTY-EIGHT THOUSAND, TWENTY- 13 FIVE AND 25/100 DOLLARS(SI 648,025.25), lawful money of the United States,to be paid in 14 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 7th day of June,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 Park Glen Street Improvements, City Proiect No. 100024 22 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in 24 Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under 25 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CCTV OF FORT WORTH Park Glen Street hrrproveinenrs STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cily Projeci Number/00024 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 7th day of June.2016. 3 PRINCIPAL: Ragle,Inc. ��� 49. I,,►q ATTEST: 171 gn- % Ple' ctr'''� AL ''= �ie� X93 ✓,:�e,--�i�s���,�" (Principalf Se,rre �1 p AL Addre%- P.o eox-444 1993 = ,�''1d9yYl?4rf�kL,1N 'ls29 Witnessas Ph,Priricip ,. SURETY: Colonial American Casualty and Surety Company Fidelity and Deposit Co 1,an of Maryland ATTEST: BY: Signatu John B.Do las,At rney-in-Fact (Surety) Secretary A Name and I I Address: 1400 American Lane,Tower I, 18th Floor 4&49 –— Schaumburg,IL 60196-1056 Witness as to Surety Telephone Number: 317-816-4882 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 Park Glen Street hnprovemenls S'T'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit Pro)cct Number 100024 Revised July 1,2011 �.. - .�. � � - Y.- ---. ., %� ii _ ar i � _ _ �� 1 � � �q r r �......._ �u 1�+� — � _ __ 1.� ,,a. � n ,,rpi.:.*r .s, _ 'x. 4 r� ti qc y4 'yip �l�wt� � �' Stit �.r S:t�` 1 t ,� s eMy.,, F. �:fCy""��`:: ;� "� j� a _ 4, v► .,f, ' '.�►at,,�r�rr! . • , 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Ragle,IRS. known as"Principal'herein and Colonial American Casualty and Surety Company 9 Fidelity and Deposit Company of Maryland ,a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of ONE 13 MILLION SIX HUNDRED FORTY-EIGHT THOUSAND TWENTY-FIVE AND 25/100 14 DOLLARS ($1,648.025.25), l awful money of the United States, to be paid in Fort Worth, 15 Tarrant County,Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves, our heirs,executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 7th day of June,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 Park Glen Street Improvements, City Project No. 100024;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 Park Glen Street Improvements STANDARD CONSIRUCTION SPECIFICATION DOCUMENTS Cir)-Pro)ecl Number 100024 Reviscd July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 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 WORT]I Park Glen Street Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cit),Project Number 100024 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHERIJOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 7th day of June,2016. 3 i�\1'.;5�'81111y,�i� 4 PRINCIPAL `�a enc 5 Ragle,Inc. a ;a9le, I� 8 C BY: 9 �RPop ,T ' S afore l0 ATTI�''ST: E F `; '�VDi,12 NP 13 (PrunW-Sectt " f Na e and Title 14 /NDI,aN 15VI. ''' Address: P.O,Box 444 16 Newburgh,IN 47629 17 ]8 19 Witness as to Principal 20 SURETY: 21 Colonial American Casualty and Surety Company 22 Fidelity and Deoositpany of Maryland _ 23 24 BY: 25 Sign cure 26 27 John B.Dougl s,Attorn y-in-Fact 28 ATTEST: _ Name an Y+ 29 30 Address: 1400 American Lane,Tower I, 18th Floor 31 (Surety)Secretary -Schaumburg,IL 60196-1056 32 33 L" ---- 34 Witness as to Surety Telephone Number: 317-816-4882 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 FORTWORTH Park Glen Street Improvements STANDARD CONSTRUCriON SPECIFICATjON DOCUMENTS Cay Project Munber 100024 Revised July 1,2011 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John B. DOUGLAS, Robert F. PROX, John S. LUKENS, Glen E. STOVER, Debra HUTTS and Thomas G.WOODASON,all of Terre Haute,Indiana, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 2nd day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND SICAL 7- 6: lace By vu Secretary vice President Michael McKibben Thomas O.McClellan State of Maryland County of Baltimore On this 2nd day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O.MCCLELLAN,Vice President,and MICHAEL MCKIBBEN,Secretary,of the Companies,to me personally known to be the ii!dividualc and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposerh and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 044-5130 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attomevs-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attomeys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as thoa► h manually affixed. IN- S1nM0 `l'WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this of 20_L4 so a sox i SEAL Gerald F.Haley,Vice President ,ecoCERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 6/15/20162016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON NAME: Amy Frederick USI Insurance Services LLC PHONE FBOX 900 - INC,AINo: - E-MAIL TERRE HAUTE IN 47808-0900 A R INSURERS AFFORDING COVERAGE NAIC li INSURER A'.Zurich American InS CO ,�6535 INSURED RAGLE-4 INSURER BAllianz Global Corporate 1 P5300 Ragie, Inc. INSURER C: P.O. Box 444 INSURER D: Newburgh IN 47629 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1467579391 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLISUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS TR POLICY NUMBER MM/DD/YYYY MM A GENERAL LIABILITY Y GLO6553799 10/1/2015 10/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTE—U--- x COMMERCIAL GENERAL LIABILITY PREMISES Eaoccurrence $300,000 CLAIMS-MADE a OCCUR MED EXP(Any one arson $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY Y BAP6553800 10/1/2015 10/1/2016 Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ I ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS x AUTOS Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION VVC6553801 10/1/2015 10/1/2016 X I VVC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If Yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000.000 B Leased/Rented Equipment MX193044899 10/1/2015 10/1/2016 had limit 500,000 Special Farm Ded $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,H more space is required) Certificate Holder is additional insured with respects to the General Liability for job to be performed-Park Glen Improvements City Project No. 100024 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth,TX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth TX 76102 AUTHORIZED REPRESENTATIVE v ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................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...........................................................................................................1 l 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:Demnber2l,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:Decembea2l,2012 Article 10-Changes in the Work;Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price;Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections;Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 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:Deoe n w21,2012 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 SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 007200-1 General Conditions Page 1 of 63 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw—City's on-line,electronic document management and collaboration system. 12. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenter21,2012 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoernber2l,2012 007200-1 Genera]Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly 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. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decenter21,2012 007200-1 General Conditions Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item— An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans—See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decernber2l,2012 00 7200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decentxr2l,2012 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will pen-nit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 Genera]Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating Otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: a. does not conform to the Contract Documents;or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish,Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceniw21,2012 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCAT10N DOCUMENTS Revision:Dex—mber21,2012 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids),except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dec21,2012 007200-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2, reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCAT10N DOCUMENTS Revision:Deoember2l,2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoanba2l,2012 007200-1 General Conditions Page 12 of 03 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember21,2012 007200-1 General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract;or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deomber21,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,2012 00 7200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber21,2012 007200-1 General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernler21,2012