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Contract 47996
CITY SECRETARY D.O.E. FILE i • O Fort Worth CLIEN Storm Water Management PROJECT MANUAL CrrY SECRETARY /I CONTRACT NO. —1 FOR THE CONSTRUCTION OF CITYWIDE STORM DRAIN IMPROVEMENTS City Project No.100092 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 Department Storinwater Management Division Field Engineering Section 2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 FORT WORTH. 0 Fort Worth Storm Water Management City of Fort Worth Citywide Storm Drain Improvements PREPARED FOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION FIELD ENGINEERING SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 TABLE OF CONTENTS SECTION 00 00 00 i 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 0045 11 Bidders Pre-qualifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements Division 01 - General Requirements 01 1100 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 TABLE OF CONTENTS SECTION 00 00 00 ii 01 50 00 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 6000 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 0177 19 Closeout Requirements 017823 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 Division 02- Existing Conditions 0241 14 Utility Removal/Abandonment Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 1723 Pavement Markings 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 323129 Wood Fences and Gates Division 33- Utilities 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 1225 Connection to Existing Water Mains 33 1240 Fire Hydrants 33 31 50 Sanitary Sewer Service Connections and Service Line 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains Division 34- Transportation 3471 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://pro_iectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 TABLE OF CONTENTS SECTION 00 00 00 Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03- Concrete 03 30 00 Cast-In-Place Concrete 033413 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26- Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31-Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 312400 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 313700 Riprap Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 3211 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 3212 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 3214 16 Brick Unit Paving 32 1613 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 3232 13 Cast-in-Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 TABLE OF CONTENTS SECTION 00 00 00 iv Division 33- Utilities 33 01 30 Sewer and Manhole Testing 3301 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 3304 11 Corrosion Control Test Stations 3304 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 12 Water Line Lowering 3305 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber-Seated Butterfly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow-off Valve Assembly 3331 12 Cured in Place Pipe(CIPP) 3331 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 3331 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC)Closed Profile Gravity Sanitary Sewer Pipe 3331 22 Sanitary Sewer Slip Lining 3331 23 Sanitary Sewer Pipe Enlargement 3331 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber(WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 TABLE OF CONTENTS SECTION 00 00 00 V 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 3341 11 High Density Polyethylene(HDPE)Pipe for Storm Drain 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34-Transportation 3441 10 Traffic Signals 3441 11 Temporary Traffic Signals 3441 13 Removing Traffic Signals 3441 15 Rectangular Rapid Flashing Beacon 3441 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 30 Aluminum Signs 3471 13 Traffic Control END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 SECTION 00 05 10 MAYOR AND COUNCIL COMMUNICATION(M&C) END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/28/2016 DATE: Tuesday, June 28, 2016 REFERENCE NO.: C-27818 LOG NAME: 20SWMCITYWIDESTORMDRAIN2016 SUBJECT: Authorize Execution of a Contract with Woody Contractors, Inc., in an Amount Up to $1,500,000.00, for the Purpose of Furnishing All Materials, Equipment and Labor for the Extension, Replacement and/or Improvement of Existing Stormwater Systems, Provide for Contingencies, Construction Management, Surveying, Inspection and Material Testing for a Total Project Amount of$1,568,100.00 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council Authorize the City Manager to execute a contract with Woody Contractor's, Inc., in an amount up to $1,500,000.00, for the purpose of furnishing materials, equipment and labor for the extension, replacement, and/or improvement of existing stormwater systems with the option to renew the contract up to two times in an amount up to $2,000,000.00 each renewal under the same terms, conditions and unit prices provided sufficient funding has been previously appropriated. DISCUSSION: The work to be performed under this Contract consists of extensions, replacements, and/or improvements to existing stormwater systems. The price of each work order will be based on the unit prices bid. The cumulative amount of all work order tasks in the initial term of this contract is expected to be $1,500,000.00. The bid amounts cited were based on hypothetical quantities for the purpose of establishing unit prices for each work item. Final payments will be made based on actual measured quantities at those bid prices. Funding will be verified individually for each work order task prior to its release. This project was advertised in the Fort Worth Star-Telegram on April 21, 2016 and April 28, 2016. On May 19, 2016 one response was received. The bid was reviewed by an evaluation committee consisting of Staff from the TPW/Stormwater Management Division. The bid from Woody Contractors, Inc., was found to be reasonable, responsible, and presents the best value to the City. The initial term of the contract will be for one year or expenditure of funds, whichever occurs first. The contract will begin as soon as practicable after authorization by the City Council. M/WBE Office -Woody Contractors, Inc., is in compliance with the City's DBE Ordinance by committing four percent MBE participation and documenting good faith effort. Woody Contractors, Inc., identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 13 percent. Logname: 20SWMCITYWIDESTORMDRAIN2016 Pagel of 3 BIDDERS AMOUNT Woody Contractors, Inc. $9,323,680.00 PROJECT COST DESCRIPTION AMOUNT Woody Contractors, Inc. $1,500,000.00 Contingencies, Construction Management, Surveying, Inspection $68,100.00 Material Testing, Right-of-Way and Easement Acquisition TOTAL PROJECT BUDGET $1,568,100.00 FUND APPROPRIATIONS* Storm Water Capital Fund 59651 $525,000.00 PayGo 52002 $1,043,100.00 PROJECT TOTAL $1,568,100.00 This project will have no impact on the sponsoring department's Operations Budget. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations, funds are available in the Fiscal Year 2016 Stormwater Capital Improvement Plan (M&C G-18730), as appropriated, of the Stormwater Capital Projects Fund (52002), the Stormwater Capital Projects Bond Fund (59651), and the Stormwater Capital Projects Fund (59652). FUND IDENTIFIERS(FIDs): TO Fund Department Accoun Project Program ctivity Budget Reference # moun ID ID Year ChartfieId 2 FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year Chartfield 2 52002 0200431 5740010 100092 002880 2016 $205,200.00 59651 0200431 5740010 100092 002880 2016 $69,800.00 52002 0200431 5740010 C01549 CO2880 2016 $250,000.00 59561 0200431 5740010 C01068 CO2880 2016 $274,246.20 59561 0200431 5740010 100114 002880 2016 $293,100.0 0 59651 0200431 5740010 100115 002880 2016 125,000.00 59651 0200431 5740010 C00675 CO2880 2016 $350,000.001 596521 0200431 5740010 1 C01068 I ICO2880 1 2016 1 $753.80 CERTIFICATIONS: Submitted for City Manager's Office by_ Jay Chapa (5804) Logname: 20SWMCITYWIDESTORMDRAIN2016 Page 2 of 3 Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Johnny T. Jasper (7343) ATTACHMENTS 1. 100092-Woody Compliance Memo Zavala.pdf (CFW Internal) 2. Form 1295.pdf (Public) 3. RE MC Review Request 20SWMCITYWIDESTORMDRAIN2016.msg (CFW Internal) 4. searchResult SAM.Pdf (CFW Internal) Logname: 20SWMCITYWIDESTORMDRAIN2016 Page 3 of 3 CITY OF FORT WORTH DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS STORM WATER MANAGEMENT DIVISION ADDENDUM NO. 1 CITYWIDE STORM DRAIN IMPROVEMENTS PROJECT NUMBERS: CITY PROJECT NO.-100092 RELEASE DATE:May 17,2016 BID RECEIPT DATE: 1:30 PM, May 19,2016 INFORMATION TO BIDDERS: The Specifications and Contract Documents for the above mentioned project are revised and amended as follows: 1. The Bid Proposal Workbook has been updated with additions/deletions of redundant and missing bid items. The latest book should be the most current as it was not deleted, simply updated. 2. The SBE Goal for this contract is 13%participation;the form is located in the MWBE folder. Please note the new two day rule as it pertains to participation. The latest rules regulate. Clarification: 1 Because this is a Work Task Order contract,there are no available plans. The plans will be issued with each Work Order Task. a. Subsidiary items will remain as stated in the bid proposal work book for miscellaneous-type contracts. The City will reserve the right to accept or reject the bids. b. If bid items are needed to be added during the contract, the Project Manager, Inspector and Contractor will work together to negotiate the best method and price. This Addendum No. 1 forms a part of the Contract Documents referenced above and modifies the Original Contract Documents and Plans. Acknowledge receipt of this Addendum in the space provided below, in the Proposal and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this Addendum could subject the bidder to be rejected as being non-responsive. RECEIPT ACKNOW DGED: 11� DIRECTO , D ARTMENT OF TRANSPORTATION AND PUBLIC WORKS By: Joh T.Jasper Pr ' t Manger D ent of Transportation and Public Works/ t m ater Management GENERAL CONDITIONS DIVISION 00 Page 1 of 1067 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of CITYWIDE STORM DRAIN IMPROVEMENTS will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, May 19,2016, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Extension, replacements and/or improvements to existing storm water systems and other pertinent construction required to provide a more effective drainage system to neighborhoods within the City limits of Fort Worth. Work for this contract will be provided through WORK ORDER TASKS, based on the availability of funds and in coordination with the successful Bidder's schedule. OPTION TO RENEW: The City will issue this contract for an initial amount of NOT TO EXCEED One Million Five Hundred Thousand(1,500,000.00), but has the right to renew this contract for two(2)one- year terms/expenditures of NOT TO EXCEED $2,000,000.00 (Two Million Dollars) under the same terms, conditions, and unit prices. The City shall give at least sixty(60) days' notice prior to the expiration of this contract, determine as one year from the date of execution, or of an option period, or if existing contract funds have been expended. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13- INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing/ and clicking on the Buzzsaw link to the advertised project folders https://Dro"ectpoint.buzzsaw.com/fortworthgov/lnfrastructure%20Prolects/100092%20- %20Citywide%20Storm%20Drain%201mprovements/Bid%20 Doc uments%20Package?Publ is on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. The cost of Bidding and Contract Documents is: N/A Set of Bidding and Contract Documents with full or half size drawings: N/A - Drawings and/or layouts will be provided for each Work Order Task issued. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 2 of 1067 PREBID CONFERENCE A pre-bid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: May 11, 2016 TIME: 11:00am PLACE: City of Fort Worth LOCATION: Development Conference Room CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. FUNDING: N/A INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Johnny T. Jasper, City of Fort Worth Email: johnnyjasper�fortworthtexas.gov Phone:817-392-7343 ADVERTISEMENT DATES April 21, 2016 April 28, 2016 END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 3 of 1067 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00- GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership,company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm,partnership,company, association,or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City(on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequallification of Bidders(Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened)shall not be considered. Prequalification requirement work types and documentation are as follows: 3.1.1. Paving—Requirements document located at; htti)s:Hi)roiectt)oint.buzzsaw.com/fortworth2ov/Resources/02%20- %20Construction%2ODocuments,Contractor%2OPregualification/'fPW%2OPaving%2OContr actor%20Pregualification%20Program/PREo UALIFICATION%20RE0UIREMENTS%20F OR%20PA V ING%2000NTRACTORS.PDF?public 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; httys://PiQiectpoint.buzzsaw.com/fortworihuov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPaving%2OContr actor%201'regualification%201'rouram/PREOIJALIFICATION%20REo UIREMENTS%20F OR%20PAVING%2000NTRACTORS.PDF?public 3.1.3. Water and Sanitary Sewer—Requirements document located at; CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 4 of 1067 https://proiectpoint.buzzsaw.conVfortworthgov/Resources/02%20- %20Construction%2ODocuments/Contractor%2OPreg ualification/Water%20and%20Sanitary %20Sewer%2OContractor%2OPregualification%20Progran/WSS%20pregual%20reguireme nts.doc?public 3.2. Each Bidder unless currently prequalified,must be prepared to submit to City within seven (7) calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City,in its sole discretion may require,including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule,to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification,additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: The Time of Completion of each individual `York Order Task is an essential element of this contract. Each Work Order Task issued will have the maximum allowed number of calendar days allowed for the completion of that specific Work Order Task. Single or several work order tasks may be issued at one time. The contractor shall initiate work within seven (7) working days of the date the work order is issued to the Contractor, and continue on the Work Order 'Task until it has been completed, not including paving. The Contractor shall furnish and supply sufficient equipment and personnel to complete the Work Order Task in the amount of time provided for the Work Order Task. Should the Contractor fail to start any Work Order Task within the time specified, he shall add the necessary work crews and equipment to prosecute the work to complete. the Work Order Task(s) in the time provided therefore. Should the Contractor fail to complete the individual Work Order Task in the given amount of calendar days as specified on each individual work order task,liquidated damage charges will be subtracted from the final pay estimate of that particular `'York Order Task. The estimated amount for each particular Work Order Task will be used for determining the amount of damages charged per calendar day of the time exceeding the specified amount. 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1. Before submitting a Bid,each Bidder shall: CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 5 of 1067 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents(including "technical data" referred to in Paragraph 4.2.below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress,performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,progress, performance or furnishing of the Work. 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities)that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Perform independent research,investigations,tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations,investigations,explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion,and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation,research,tests,explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required.Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 6 of 1067 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings,if any, on the plans are for general information only.Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder(i)that Bidder has complied with every requirement of this Paragraph 4,(ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means,methods, techniques, sequences or procedures of construction (if any)that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts,errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts,etc.,have not been resolved through the interpretations by City as described in Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4,inclusive,do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-of-way, easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of-way, easements,and/or permits,and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 7 of 1067 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Attn: Johnny T. Jasper, T/PW Stormwater Management Fax: 817-392-2433 Email:johnny.jasper@fortworthtexas.gov Phone: 817-392-7343 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at https://proiectpoint.buzzsaw.com/fortworthgov/Infrastructure%2OProjects/100092%20- /o20Citywide%2OStorm%2ODraiii%201mprovements/Bid%2ODocuments`7o20Package?public 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 8 of 1067 10. Substitute and "Or-Equal" Items The Contract,if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors,Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011 (as amended),the City has goals for the participation of minority business and/or small business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate.The Forms including documentation must be received by the City no later than 2:00 P.M. CST, on the second business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non-responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents;additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals,for which the Bidder proposes to do the work contemplated or furnish materials required.All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 9 of 1067 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS,addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title,the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may, at the option of the City,be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 10 of 1067 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price,contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35%of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 11 of 1067 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 0035 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary F 1 CIS Form is on File with City Secretary 1 CIS Form is being provided to the City Secretary BIDDER: WOODY CONTRACTORS INC. By: TROY WOOD 650 TOWER DRIVE Signature: 0 KENNEDALE,TEXAS 76060 Title: ;IZP R E SOD�E NT END OF SECTION OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F Bid Proposal Workbook Form Revised 20120327 0041 00 BID FORM Page 1 of 4 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Citywide Storm Drain Improvements City Project No. Various Locations Throughout the City of Fort Worth : 100092 Units/Sections: N/A 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 0041 00 BID FORM Page 3 of 4 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sewer Improvements (Sanitary and Stormwater) b. Water Improvements (Potable) c. Asphalt Paving -Construction/Reconstruction (Less than 10,000 SY) d. Concrete Paving -Construction/Reconstruction (Less than 10,000 SY) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 365 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 V" b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 1� 5.01 of the General Conditions. / c. Proposal Form, Section 00 42 43 J 1 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) / f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 / "If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 0041 00 BID FORM Page 4 of 4 6.3. The Work for this Cotract shall be issued on a Work Order basis. Bid quantities of the various items in Section 00 42 43 Bid Proposal are for comparison purposes only in order to fairly award a Contract and may not reflect the actual quantities issued in any particular Work Order. 6.4. Contractor shall not be entitiled to renegotiation of unit proces regardless of the final measured quantities. No claim will be considered for lost or antiicpated profits based upon differences in estimated quantities versus actual quantities. Total Bid $9,323,680.00 7. Bid Submittal S - r9- id This Bid is submitted on Month DAY Year by the entity named below. Respectfully sub ' d, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Sig Addendum No. 2: Addendum No. 3: TROY WOODY jAddendum No.4: (Printed Name) Title: PRESDENT Company: WOODY CONTRACTORS INC. Corporate Seal: Address: 650 TOWER DRIVE 0 KENNEDALE,TEXAS 76060 State of Incorporation: TEXAS Email: twoody20200-aol.com Phone: 817-483-4787 END OF SECTION OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F Bid Proposal Workbook Form Revised 20120327 SECTION 00 42 43 PROPOSAL FORM nm�; UNIT PRICE BID Bidder's Application Reactive Citywide Storm Drain Improvements Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1 .0102 Work Order Mobilization(Mist Only) 01 7000 EA 15 $11,000.00 $165,000.00 2 .0103 Work Order Emergency Mobilization(Mist Only) 01 70 00 EA 3 $12,000.00 $36,000.00 3 9999.0000 Traffic Permit for Utility Cut 01 55 26 EA 10 $100.00 $1,000.00 4 9999.0000 Project Designation Sign(one time make,but used at each work task location) 01 5813 EA 2 $500.00 $1,000.00 5 0241.0100 Remove Sidewalk 0241 13 SF 3000 $2.00 $6,000.00 6 0241.0401 Remove Concrete Drive 0241 13 SF 5000 $2.00 $10,000.00 7 0241.0402 Remove Asphalt Drive 0241 13 SF 2500 $1.00 $2,500.00 8 0241.0500 Remove Fence 0241 13 LF 5000 $10.00 $50,000.00 9 0241.1000 Remove Conc Pvmt 0241 15 SY 1500 $19.00 $28,500.00 10 0241.1300 Remove Conc CurbBGutter 0241 15 LF 1000 $11.00 $11,000.00 11 02411400 Remove Conc Valley Gutter 0241 15 SY 100 $12.00 $1,200.00 I 12 0241.3011 Remove 15"Storm Line 0241 14 LF 200 $13.00 $2,600.00 13 0241.3013 Remove 18"Storm Line 0241 14 LF 200 $13.00 $2,600.00 14 0241.3014 Remove 21"Storm Line 0241 14 LF 200 $13.00 $2,600.00 15 0241.3015 Remove 24"Storm Line 0241 14 LF 200 $13.00 $2,600.00 16 0241.3016 Remove 27"Storm Line 0241 14 LF 100 $13.00 $1,300.00 17 0241.3017 Remove 30"Storm Line 0241 14 LF 100 $14.00 $1,400.00 18 0241.3019 Remove 36"Storm Line 02 41 14 LF 100 $18.00 $1,800.00 19 0241.3021 Remove 42"Storm Line 0241 14 LF 50 $22.00 $1,100,00 20 0241.3023 Remove 48"Storm Line 0241 14 LF 50 $22.00 $1,100.00 21 0241.3024 Remove 54"Storm Line 0241 14 LF 50 $25.00 $1,250.00 22 0241.3025 Remove 60"Storm Line 0241 14 LF 50 $25.00 $1,250.00 23 0241.3101 15"Storm Abandonment Plug 0241 14 EA 2 $600.00 $1,200.00 24 0241.3102 18"Storm Abandonment Plug 0241 14 EA 2 $600.00 $1,200.00 25 02413103 21"Storm Abandonment Plug 0241 14 EA 2 $625.00 $1.250.00 26 0241.3104 24"Storm Abandonment Plug 0241 14 EA 2 $625.00 $1,250.00 27 0241.3105 27"Storm Abandonment Plug 0241 14 EA 2 $650.00 $1,300.00 28 0241.3106 30"Storm Abandonment Plug 0241 14 EA 2 $650.00 $1,300.00 29 0241.3108 36"Storm Abandonment Plug 0241 14 EA 2 $700.00 $1,400.00 30 0241.3110 42"Storm Abandonment Plug 0241 14 EA 2 $700.00 $1,400.00 31 0241.4001 Remove Curb Inlet -All Sizes 0241 14 EA 5 $1,250.00 $6,250.00 32 0241.4301 Remove 2'Grate Inlet 0241 14 EA 2 $900.00 $1,800.00 33 0241.4303 Remove 4'Grate Inlet 0241 14 EA 2 $1,600.00 $3,200.00 34 0241.4401 Remove Headwall/SET 0241 14 EA 2 $1,100.00 $2,200.00 35 0241.4501 Remove 6"Trench Drain 0241 14 LF 50 $5.00 $250.00 36 0241.4502 Remove 8"Trench Drain 0241 14 LF 50 $5.00 $250.00 37 0241.4503 Remove 12"Trench Drain 0241 14 LF 50 $5.00 $250.00 I 38 0241.4504 Remove 18"Trench Drain 0241 14 LF 50 $5.00 $250.00 39 0241.4505 Remove 24"Trench Drain 0241 14 LF 50 $5.00 $250.00 40 0241.5001 Abandon Manhole(Storm MH in place) 0241 14 EA 2 $1,500.00 $3,000.00 41 3110.0102 6"-12"Tree Removal 31 1000 EA 20 $600.00 $12,000.00 42 3110.0103 12"-18"Tree Removal 31 1000 EA 10 $1,000.00 $10,000.00 43 3110.0104 18"-24"Tree Removal 31 1000 EA 10 $1,600.00 $16,000.00 44 3110.0105 24"and Larger Tree Removal 31 1000 EA 5 $2,400.00 $12,000.00 45 3123.0101 Unclassified Excavation by Plan 31 2316 CY 1000 $30.00 $30,000.00 46 3123.0101 Unclassified Channel Excavation by Plan 31 2316 CY 1000 $33.00 $33,000.00 47 3123.0103 Borrow by Plan 31 2323 CY 3000 $27.00 $81,000.00 48 3125.0101 SWPPP 2:1 acre 312500 LS 2 $2,000.00 $4,000.00 49 3137.0101 Concrete Riprap 31 3700 SY 100 $93.00 $9,300.00 50 3137.0102 Large Stone Riprap,dry 31 3700 SY 100 $95.00 $9,500.00 51 3137.0103 Large Stone Riprap,grouted 31 37 00 SY 100 $127.00 $12,700.00 52 3137.0104 Medium Slone Riprap,dry 31 37 00 SY 100 $86.00 $8,600.00 53 3137.0105 Medium Slone Riprap,grouted 31 37 00 SY 100 $106.00 $10,600.00 54 3201.0111 4'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 200 $71.00 $14,200.00 55 3201.0112 5'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 300 $8100 $24,900.00 56 3201.0121 4'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 200 $88.00 $17,600.00 57 3201.0122 5'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 300 $102.00 $30,600.00 58 3201.0131 4'Wide Asphalt Pvmt Repair,Industrial 3201 17 LF 200 $88.00 $17,600.00 59 3201.0132 5'Wide Asphalt Pvmt Repair,Industrial 3201 17 LF 300 $102.00 $30,600.00 60 3201.0201 Asphalt Pvmt Repair Beyond Defined Width,Residential 3201 17 SY 300 $96.00 $28,800.00 61 3201.0202 Asphalt Pvmt Repair Beyond Defined Width,Arterial 3301 17 SY 300 $115.00 $34,500.00 62 3201.0203 Asphalt Pvmt Repair Beyond Defined Width,Industrial 3401 17 SY 300 $115.00 $34,500.00 63 3201.0614 Conc Pvmt Repair,Residential 3201 29 SY 300 $120.00 $36,000.00 64 3201.0616 Conc Pvmt Repair,Arterial/Industrial 3201 29 SY 300 $131.00 $39,300.00 65 3211.0111 V Flexible Base,Type A,GRA 3211 23 SY 100 $26.00 $2,600.00 66 3211.0112 6"Flexible Base,Type A,GR-1 3211 23 SY 100 $28.00 $2,800.00 67 3211.0121 4"Flexible Base,Type A,GR-2 32 11 23 SY 100 $25.00 $2,500.00 68 3211.0122 6"Flexible Base,Type A,GR-2 3211 23 SY 100 $27.00 $2,700.00 69 3212.0302 2"Asphalt Pvmt Type D 32 1216 SY 100 29.00 $2,900.00 70 3213.0301 4"Conc Sidewalk 32 13 20 SF 1000 10.00 $10,000.00 71 3213.0302 5"Conc Sidewalk 32 1320 SF 300 10.00 $3,000.00 72 3213.0400 5"Concrete Driveway 32 13 20 SF 5000 11.00 $55,000.00 73 3213.0401 6"Concrete Driveway 32 13 20 SF 5000 11.00 $55,000.00 74 3213.0450 5"Concrete Driveway,Exposed Aggregate 32 13 20 SF 500 14.00 $7,000.00 75 3213.0451 W Concrete Driveway,Exposed Aggregate 32 13 20 SF 500 14.00 $7,000.00 76 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 1000 35.00 $35,000.00 77 3216.0102 7"Conc Curb and Gutter 32 16 13 LF 500 35.00 $17,500.00 78 3216.0301 9 Conc Valley Gutter,Residential 32 16 13 SY 100 120.00 $12,000.00 79 3216.0302 11"Conc Valley Gutter,Arterial/Industrial 32 16 13 SY 100 134.00 $13,400.00 3231.0123 6 Chain Link,New(Remove and Replace subsidiary to laying pipe on Miscellaneous Contracts) 3231 13 LF 500 25.00 $13,500-T 00 80 mvaFFQ TMUl1X xr*i nNmw��rowr'curw�ssrnic�now w�+��xn Fmnr__•913Ix1 SECTION 00 42 43 PROPOSAL FORM ma:a5 BID PROWJAL R/]!5 UNIT PRICE BID Bidder's Application Reactive Citywide Storm Drain Improvements Bidders Proposal i Bidlist Specification Unit of Bid Item No. Description Section No, Measure Quantity Unit Price Bid Value 6 Fences,Wood, New(Remove and Replace subsidiary to laying pipe on Miscellaneous 32 31 29 81 Contracts) LF 500 30.00 $15,000.00 82 3232.0100 Conc Rat Wall with Sidewalk,Face 32 32 13 SF 50 73.00 $3,650.00 83 3232.0101 Conc Rot Wall with Sidewalk,Sidewalk 32 32 13 SF 50 13.00 $650.00 84 3291.0100 Topsoil 32 91 19 CY 100 40.00 $4,000.00 85 3292-0100 Block Sod Placement 32 92 13 SF 20000 2.00 $40,000,00 86 3292.0450 Seeding,Hydromulch with binding agent 32 92 13 SF 10000 1.00 $10,000.00 87 3292.0500 Seeding,Soil Retention Blanket 32 92 13 SY 10000 $2.00 $20,000.00 88 3301.0001 Pre-CCTV Inspection 3301 31 LF 200 $5.00 $1,000,00 89 3301.0002 Post-CCTV Inspection 33 01 31 LF 100 $3.00 . $300.00 90 3305.0002 6"Waterline Lowering 33 05 12 EA 1 $6,600.00 $6,600.00 91 3305.o663 8"Waterline Lowering 330512 EA 1 $7,200.00 $7,200.00 92.._ 3305.0004 10"Waterline Lowering ..33 05 12 EA 1 $8,700.00 $8,700.00 93 3305 0005 12"Waterline Lowering 336512 EA 1 $9,800.00 $9,800.00 94 3305.0001 4"Waterline Lowering 33 OS 12 EA 1 $6,600.00 $6,600.00 95 3305 0103 Exploratory Excavation of Existing Utilities(0-5 Ft Depth)Non-Design 33 05 30 EA 40 $1,100.00 $44,000.00 96 3305.0103 Exploratory Excavation of Existing Utilities(5-10 Ft Depth)Non-Design 33 05 30 EA 30 $1,300.00 $39,000.00 97 33060103 Exploratory Excavation of Existing Utilities(10-20 Ft Depth)Non-Design 33 05 30 EA 20 $1,700.00 $34,000,00 98 3305 0109 Trench Safety 330510 LF 5000 $3.00 $15,000.00 99 _.. 3305.0112 Concrete Collar 33 05 17 EA 5 $1,000.00 $5,000.00 100 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 1 $7,000.00 $7,000,00 101 3341.0101 15"HDPE Pipe(Non-Standard) 3341 11 LF 500 $95.00 $47,500.00 102 3341.0102 18"HDPE Pipe(Non-Standard) 33 41 11 LF 1000 $104.00 $104,000.00 103 3341.0103 18"RCP,Class III(Non-Standard) 3341 10 LF 1000 $108.00 $108,000.00 104 3341 0201 21"RCP,Class III 3341 10 LF 1000 $121.00 $121,000.00 105 3341.0204 24"HDPE Pipe 3341 11 LF 1500 $130.00 $195,000.00 106_ 3341.0205 24"RCP,Class III 33 41 10 LF 1500 $133.00 $199,500.00 107 3341.0208 27 RCP,Class III 3341 10 LF 500 $140.00 $70,000.00 108 3341.0301 30"HDPE Pipe 33 41 11 LF 750 $150.00 $112,500.00 109 3341.0302 30"RCP,Class III .33 41 10 LF 750 $151.00 $113,250.00 110 3341.0308 36"HDPE Pipe 33 41 11 LF 500 $169.00 $84,500.00 111 3341.0309 36"RCP,Class 111 3341 10 LF 500 $180.00 $90,000.00 112 3341.0308 42"HDPE Pipe 3341 11 LF 500 $190.00 $95,000.00 113 3341.0402 42"RCP,Class 111 3341 10 LF 300 $210.00 $63,000.00 114 3341.0308 48"HDPE Pipe 3341 11 LF 500 $224.00 $112,000.00 115 3341.0409 48"RCP,Class 111 3341 10 LF 300 $249.00 $74,700.00 116 3341.0502 54"RCP,Class III 3341 10 LF 300 $294.00 $88,200.00 117 3341.0308 60"HDPE Pipe 3341 11 LF 500 $292.00 $146,000.00 118 3341.0602 60"RCP,Class III 3341 10 LF 200 $329.00 $65,800.00 119 3341.0308 36"HDPE Pipe 33 41 11 LF 500 $169.00 $84,500.00 120 3341.0701 72"RCP,Class III 3341 10 LF 200 $440.00 $88,000.00 121 3341.0704 78"RCP,Class 111 33 41 10 LF 200 $496.00 $99,200.00 122 3341.0801 64"RCP,Class III 3341 10 LF 200 $550.00 $110,000.00 123 3341.1001 3x2 Box Culvert 33 41 10 LF 200 $234.00 $46,800.00 124 3341.1002 3x3 Box Culvert 3341 10 LF 200 $246.00 $49,200.00 125 3341.1101 4x2 Box Culvert 3341 10 LF 200 $254.00 $50,800.00 126 3341.1102 4x3 Box Culvert 3341 10 LF 200 $280.00 $56,000.00 127 3341.1103 44 Box Culvert 33 41 10 LF 200 $305.00 $61,000.00 128 3341.1201 5x3 Box Culvert 3341 10 LF 200 $316.00 $63,200.00 129 3341.1202 5x4 Box Culvert 3341 10 LF 200 $341.00 $68,200.00 130 3341.1203 5x5 Box Culvert 3341 10 LF 200 $368.00 $73,600.00 131 3341.1301 6x2 Box Culvert 3341 10 LF 200 $330.00 $66,000.00 132 3341.1302 63 Box Culvert 3341 10 LF 200 $372.00 $74,400.00 133 334 1.1303 6x4 Box Culvert 3341 10 LF 200 $403.00 $80,600.00 134 3341.1304 6x5 Box Culvert 3341 10 LF 200 $443.00 $88,600.00 135 3341.1305 6x6 Box Culvert 3341 10 LF 200 $473.00 $94,600.00 136 3341.1401 7x3 Box Culvert 3341 10 LF 200 $443.00 $88,600.00 137 3341 1402 7x4 Box Culvert 33 41 10 LF 200 $47700 $95,400.00 .... ......... .. ....._. 138 334 1.1403 7x5 Box Culvert 3341 10 LF 200 $510.00 $102,000.00 139 3341.1404 7x6 Box Culvert 3341 10 LF 200 $555.00 $111,000.00 140 3341.1405 7x7 Box Culvert 3341 10 LF 200 $588.00 $117,600.00 141 3341.1501 8x4 Box Culvert 3341 10 LF 200 $527.00 $105,400.00 142 3341.1502 8x5 Box Culvert 3341 10 LF 200 $556.00 $111,200.00 143 3341.1503 8x6 Box Culvert 3341 10 LF 200 $599.00 $119,800.00 144 3341.1504 8x7 Box Culvert 3341 10 LF 200 $633.00 $126,600.00 145 3341.1505 8x8 Box Culvert 3341 10 LF 200 $667.00 $133,400.00 146 3341.1601 9x4 Box Culvert 3341 10 LF 200 $581.00 $116,200.00 147 3341.1602 9x5 Box Culvert 3341 10 LF 200 $647.00 $129,400.00 148 3341.1603 9x6 Box Culvert 3341 10 LF 200 $684.00 $136,800.00 149 3341 1604 9x7 Box Culvert 3341 10 LF 200 $728.00 $145,600.00 150 3341.-i'665 9x8 Box Culvert 3341 10 LF 200 $765.00 $153,000.00 151 3341.1606 9x9 Box Culvert 33 41 10 LF 200 $803.00 $160,600.00 152 3341 2001 10x4 Box Culvert 3341 10 LF 200 $675.00 $135,000.00 153 3341.2002 10x5 Box Culvert 3341 10 LF 200 $748.00 $149,600.00 154 33412002I'_ 341 2003 10x6 Box Culvert 3341 10 LF 200 $787.00 $157,400.00 155 3341.2004 10x7 Box Culvert 3341 10 LF 200 $828.00 $165,600.00 156 3341.2005 10x8 Box Culvert 3341 10 LF 200 $871.00 $174,200.00 157 3341.2006 10x9 Box Culvert 3341 10 LF 200 $91800 $183,600.00 158 3341-2607' 10x10 Box Culvert 3341 10 LF 200 $958.00 $191,600.00 159 3346.0006 4-Pipe Underdrain,Type 6 Including all Fittings(Perforated) 33 46 00 LF 500 $39.00 $19,500.00 160 6 Including all fittings(Perforated) 33 46 00 LF 2000 40.00 $80x000 00 F�x<.w mini m ' SECTION 00 42 43 PROPOSALFORM of UNIT PRICE BID Bidder's Application Reactive Citywide Storm Drain Improvements Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 161 3346.0007 4"Pipe Underdrain,Type 6 Including all fittings(Non-perforated) 33 46 00 LF 500 33.00 $19,500.00 162 3346.0007 Type 6 4"Cleanout 34 46 00 EA 25 525.00 $13,125.00 163 3346.0007 Type 6 6"Cleanout 34 46 00 EA 15 55000 $825000 164 3346.0007 Type 6 8"Cleanout 34 46 00 EA 10 575.00 $5,750.00 165 3346.0007 Type 6 10"Cleanout 34 46 00 EA 5 625.00 $3,125.00 166 3346.0007 Type 8 4"Cleanout 35 46 00 EA 25 525.00 $13,125.00 167 3346.0007 Type 8 8"cleanout 36 46 00 EA 15 575.00 $8,625.00 168 3346.0007 Type 8 8"Cleanout 37 46 00 EA 10 575.00 $575000 SECTION 00 42 40 PROPOSALFORM UNIT PRICE BID Bidder's Application Reactive Citywide Storrs Drain Improvements Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 169 3346.0007 Type 8 10:Cleanout 38 46 00 EA 5 625.00 $3,125.00 170 3346.0008 4"Pipe Underdrain,Type 8 Inlcuding all Fittings 33 46 00 LF 500 39.00 $19,500.00 171 3346.0107 6"Pipe Underdrain,Type 6 Including all fittings(Non-perforated) 33 46 00 LF 2000 40.00 $80,000.00 172 3346.0108 6"Pipe Underdrain,Type 8 Including all Fittings 334600 LF 2000 40.00 $80,000.00 173 3346.0206 8"Pipe Underdrain,Type 6 Including all Fittings(Perforated) 33 46 00 LF 200 49.00 $9,800.00 174 3346.0207 8"Pipe Underdrain,Type 6 Including all Fittings(Non-perforated) 33 46 00 LF 200 49.00 $9,800.00 175 3346.0208 8"Pipe Underdrain,Type 8 Including all Fittings 334600 LF 200 49.00 $9,800.00 176 3346.0306 10"Pipe Underdrain,Type 6 Including all Fittings(perforated) 334600 LF 200 51.00 $10,200.00 177 3346.0307 10"Pipe Underdrain,Type 6 Including all Fittings(Non-perforated) 33 46 00 LF 200 51.00 $10,200.00 178 3346.0308 10"Pipe Underdrain,Type 8 Including all Fittings 33 46 00 LF 200 51.00 $10,200.00 179 9999.0000 Cleanout for Underdrain(H-20 Load Rated Only) 33 46 00 EA 10 1,000.00 $10,000.00 180 3346.1001 12"Slotted Drain Type A 33 46 01 LF 50 147.00 $7,350.00 181 3346.1002 12"Slotted Drain Type B 33 46 01 LF 50 150.00 $7,500.00 182 3346.1005 18"Slotted Drain Type A 33 46 01 LF 50 167.00 $8,350.00 183 3346.1006 18"Slotted Drain Type B 33 46 01 LF 50 169.00 $8,450.00 184 3346.1103 24"Slotted Drain Type A 33 46 01 LF 50 187.00 $9,350.00 185 3346.1104 24"Slotted Drain Type B 33 46 01 LF 50 189.00 $9,450.00 186 3346.3003 12"Trench Drain 33 46 02 LF 50 400.00 $20,000.00 187 3346.3004 18"Trench Drain 33 46 02 LF 50 520.00 $26,000.00 188 3346.3005 24"Trench Drain 334602 LF 50 656.00 $32,800.00 189 3349.0001 4'Storm Junction Box 33 49 10 EA 20 4,740.00 $94,800.00 190 9999.0000 Additional Depth over 6 FT of Std.4 FT Dia.Manhole 334910 VF 20 $410.00 $8,200.00 191 3349.0002 5'Storm Junction Box 33 49 10 EA 10 5,500.00 $55,000.00 192 9999.0000 Additional Depth over 6 FT of Std.5 FT Dia.Manhole 33 49 10 VF 20 $480.00 $9,600.00 193 3349.0003 6 Storm Junction Box 33 49 10 EA 2 7,220.00 $14,440.00 194 9999.0000 Additional Depth over 6 FT of Std.6 FT Dia.Manhole 33 49 10 VF 20 $550.00 $11,000.00 195 3349.0105 5-Sided Manhole 33 49 10 EA 2 7,500.00 $15,000.00 196 9999.0000 Additional Depth over 6 FT of Non-Std.FT Dia.Manhole 33 49 10 VF 20 $570.00 $11,400.00 197 3349.1000 Cast-In-Place Headwall,Wingwall-Pipe and Box Culvert 33 49 40 CY 100 910.00 $91,000.00 f 198 3349.4102 15"SET 33 49 40 EA 5 1,620.00 $8,100.00 „ 199 3349.4103 18"SET 33 49 40 EA 5 1,650.00 $8,250.00 200 3349.4104 21"SET 33 49 40 EA 5 2,125.00 $10,625.00 201 3349.4105 24"SET 334940 EA 5 2,300.00 $11,500.00 202 3349.4106 27"SET 33 49 40 EA 2 3,000.00 $6,000.00 203 3349.4107 30"SET 33 49 40 EA 2 3,500.00 $7,000.00 204 3349.4109 36"SET 33 49 40 EA 2 4,200.00 $8,400.00 205 3349.5001 10'Curb Inlet(Inline) 33 49 20 EA 20 $4,760.00 $95,200.00 206 9999.0000 Additional Depth over 6 FT of Std.10 FT Curb Inlet(Inline) 334910 VF 20 $420.00 $8,400.00 207 3349.5003 20'Curb Inlet(Inline) 33 49 20 EA 5 $8,870.00 $44,350.00 208 9999.0000 Additional Depth over 6 FT of Std.20 FT Curb Inlet(Inline) 33 49 10 VF 20 $810.00 $16,200.00 209 3349.6001 10'Recessed Inlet 33 49 20 EA 10 $4,910.00 $49,100.00 210 9999.0000 Additional Depth over 6 FT of Std.10 FT Recessed Inlet(Inline) 33 49 10 VF 20 $420.00 $8,400.00 211 3349.5002 15 Curb Inlet(Inline) 33 49 20 EA 5 $6,960.00 $34,800.00 212 9999.0000 Additional Depth over 6 FT of Std.15FT Curb Inlet(Inline) 33 49 10 VF 20 $610.00 $12,200.00 213 3349.6002 15'Recessed Inlet 33 49 20 EA 2 $7,360.00 $14,720.00 214 9999.0000 Additional Depth over 6 FT of Std.15 FT Recessed Inlet(Inline) 33 49 10 VF 20 $610.00 $12,200.00 215 3349.6003 20'Recessed Inlet 334920 EA 2 $9,380.00 $18,760.00 216 9999.0000 Additional Depth over 6 FT of Std.20FT Recessed Inlet(Inline) 33 49 10 VF 20 $810.00 $16,200.00 217 3349.7001 4'Drop Inlet 33 49 20 EA 5 $7,800.00 $39,000.00 218 9999.0000 Additional Depth over 6 FT of Std.4FT Drop (4-Way)Inlet 33 49 10 VF 20 $440.00 $8,800.00 219 3349.8001 10'Type 2 Inlet 33 49 20 EA 10 $9,850.00 $98,500.00 220 9999.0000 Additional Depth over 6 FT of Std.1 OFT Type 2 Inlet 33 49 10 VF 20 $650.00 $13,000.00 221 3349.8002 15'Type 2 Inlet 33 49 20 EA 2 $13,000.00 $26,000.00 20 $820.00 $16,400.00 222 9999.0000 Additional Depth over 6 FT of Std.15 FT Type 2 Inlet 33 49 10 VF 223 3349.8003 20'Type 2 Inlet 33 49 20 EA 2 $18,410.00 $36,820.00 224 9999.0000 Additional Depth over 6 FT of Std.20FT Type 2 inlet 33 49 10 VF 20 $980.00 $19,600.00 225 3349.9001 2'Grate Inlet 33 49 20 EA 2 $3,270.00 $6,540.00 226 3471.0001 Traffic Control 3.471 13 MO 3 $2,500.00 $7,500.00 227 3471.0002 Portable Message Sign 3471 13 WK 3 $600.00 $1,800.00 228 9999.0000 Extra trench Depth for 45-Inch pipe or less(per trench 8 Ft-10 Ft) 3341 10 LF 100 $29.00 $2,900.00 229 9999.0000 Extra trench Depth for 45-Inch pipe or less(per trench 10 Ft-12 Ft) 3341 10 LF 100 $36.00 $3,600.00 230 9999.0000 Extra trench Depth for 45-Inch pipe or less(per trench 12 Ft-15 Fl) 3341 10 LF 100 $54.00 $5,400.00 231 9999.0000 Extra trench Depth for 48-Inch pipe or greater(per trench 8 Fl-10 Ft) 3341 10 LF 100 $33.00 $3,300.00 232 9999.0000 Extra trench Depth for 484nch pipe or greater(per trench 10 Ft-12 Ft) 3341 10 LF 100 $40.00 $4,000.00 233 9999.0000 Extra trench Depth for 48-Inch pipe or greater(per trench 12 Ft-15 Ft) 3341 10 LF 100 $65.00 $6,500.00 234 9999.0000 Extra trench Depth for box culvert(per trench 8 Ft-10 Ft) 3341 10 LF 100 $33.00 $3,300.00 235 9999.0000 Extra trench Depth for box culvert(per trench 10 Ft-12 Ft) 3341 10 LF 100 $44.00 $4,400.00 236 9999.0000 Extra trench Depth for box culvert(per trench 12 Ft-15 Ft) 3341 10 LF 100 $65.00 $6,500.00 237 0241.0600 Remove Wall<4' (Concrete or Railroad Ties) 0241 13 LF 100 $38.00 $3,800.00 3100.0101 Site Clearing Per Acre(Use Percentage of Bid Item on Work Order Task as Needed-Inspector 31 1000 LS 238 verified) 1 $10,000.00 $10,000.00 33 49 40 CY 20 $840.00 $16,800.00 239 3234.0101 Concrete Pilot Channel 240 9999.0000 Low Strength Concrete-Flowabte Fill 330500 CY 100 $250.00 $25,000.00 241 9999.0000 Sprinkler Repair Beyond Pipe Crossing(Otherwise Considered Subsidairy to laying pipe)Use 3341 10 LS 1 $5,000.00 $5,000.00 Percentage as Needed-Inspector verified rnranarcwaarM ma.rc. x.-� SECTION 00 42 43 _ PROPOSAL FORM IrUNIT PRICE BID Bidder's Application Reactive Citywide Storm Drain Improvements Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity Total Bid .69,323,88 .00 END OF SECTION i.�.uo-n n •n�c nei r n�.n... 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of 4�Ia _ ,orBlAnk, our principal place of business, are required to be " percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. P-1 BIDDER: WOODY CONTRACTORS INC. By: TROY WO- Y 650 TOWER DRIVE 0 (Signature) KENNEDALE,TEXAS 76060 Title: PRESDENT Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F Bid Proposal Workbook Form Revised 20110627 004512 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Sewer Improvements (Sanitary WOODY CONRRACTORS INC Apr-17 and Stormwater) Water Improvements (Potable) WOODY CONRRACTORS INC 1-Apr Asphalt Paving - Construction/Reconstruction JLB CONTRACTING Jan-17 (Less than 10,000 SY) Concrete Paving - Construction/Reconstruction JLB CONTRACTING Jan-17 (Less than 10,000 SY) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: WOODY CONTRACTORS INC. By: TROY ODY 650 TOWER DRIVE 0 (Sig re) KENNEDALE,TEXAS 76060 Title: PRESDENT Date: END OF SECTION OFFICIAI.RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F Bid Proposal Workbook Form Revised 20120120 GENERAL CONDITIONS DIVISION 00 Page 24 of 1067 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.: 1000092. Contractor further certifies that,pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: ci(/001,4 _ o 4-f r-0 e4or S By: r, !No 04 Company (Please Print) Signature: Address 5-0 T we r 10r, Title: Pig Si Ott .� City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared T M (,✓ood 1 , known to me to be the person whose name is iubscribe-d to the fo egoing instrument, and acknowledged to me that he/she executed the same as the act and deed of (A10-odti ` �aedm� s -La for the purposes and consideration therein expressed and in t e capacity therein stated. GIVEN UND R MY HAND AND SEAL OF OFFICE this .1 fL day of mw !l , 2016. E SHARON RIDDLE Nota Public in and for the State of Texas Notary Public rY STATE OF TEXAS mmisilon Expires 0212t31201� END OF SECTION EFT. WORTHY RECORD RETARY TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL.CONDITIONS DIVISION 00 Page 25 of 1067 SECTION 00 45 40 MINORITY BUSINESS ENTERPRISE GOAL [This document is to be printed on "pink"paper in its final form] APPLICATION OF POLICY If the total dollar value of the contract is greater than$50,000,then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's MBE goal on this project is 13% of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 3. Good Faith Effort documentation,or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance,shall result in the Bid being considered non- responsive.Any questions,please contact the M/WBE Office at(817)392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. T404 el`�'' deliver:the NIBE documentation in person to the appropriate employee of the Managing rtmo } r / y�}tpcjly)tit iQ �iptt,,Such receipt shall,be evidence that the City received the docu entataoq;�; t allocated, A taxed co RI not a ace ted. 1. Subcontractor Utilization Form, if received by 2:00 p.m., on the second City business days goal is met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received by 2:00 p.m., on the second City business days Subcontractor Utilization Form, if after the bid opening date, exclusive of the bid opening participation is less than stated goal: date. 3. Good Faith Effort and received by 2:00 p.m., on the second City business days Subcontractor Utilization Form, if no after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, if received by 2:00 p.m., on the second City business days firm will perform all after the bid opening date, exclusive of the bid opening subcontracting/supplier work: date. CITY OF FORT WORTH CITYWIIJE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 26 of 1067 5. Joint Venture Form, if utilizing a received by 2:00 p.m., on the second City business days joint venture to meet or exceed goal. after the bid opening date, exclusive of the bid opening date. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 29 of 1067 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 6-019- 16 is made by and between the City of Fort Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, ("City"), and Wo,oda CeirirQL4y.S --Lri c. , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITYWIDE STORM DRAIN IMPROVEMENTS City Project No.: 100092 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 365 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above,plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Three Hundred Fifteen and no 1100 Dollars ($315) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 30 of 1067 Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of Not to Exceed One Million Five Hundred Thousand Dollars and no/100 Cents (Not to exceed $1,500,000.00) for initial term and Not To Exceed Two Million Dollars and no/100 Cents ($2,000,000.00) for each option to renewal. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and,if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 31 of 1067 Article 6.INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend,at its own expense, the city,its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to overate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include,without limitation,indemnity for costs,expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless,at its own expense,the city, its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part,by any act,omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,Fort Worth Division. 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 32 of 1067 IN WITNESS WHEREOF,City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties("Effective Date"). Contract : City of Fort Worth B m32V /we, Jay Chapa B Assistant City Manag Sign , FO— Date �� � `�a� $� o Z2 Attest: ' (Printed Name) jf£ity S cretary y (Seal) Title: Address: V M&C C " Z /l GD Date: Z-- a-16 tzar zo%-6"Ju City/State/Zip: Approve4,Akito Form and Legality: IA /dotL Date Douglas W. Black Assistant City Attorney APPROVAL RECOMMENDED: cJ 0 Douglas . Wiersig, P.E DIREC R, Transportation and Public Works N IAL RECORD SECRETARY WORTH,TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 BID BOND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Woody Contractors.Inc. as Principal hereinafter called the Principal, and Vigilant Insurance Company as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fort Worth,Texas as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid (5%)---------------------------- Dollars (a----------------------- ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for City-wide Storm Drainage Improvements NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of May 2016 WOODY CONTRACTORS INC. ]Principal (Seal) By: _ -1�7 Name/Title VIGILANT INSURANCE COMPANY Surety (Seal) By: ae4�- ahi'� Michael A. Sweeney, Attorney-in-Fact IcChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 �I• Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation,do each hereby constitute and appoint Elizabeth Gray,Charles D.Sweeney,Kyle W.Sweeney and Michael A.Sweeney of Fort Worth,Texas----- each as their true and lawful Attorney-In-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed In the course of business,and any Instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds er obligations. in Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 26th day of April,201 D ords,Jr.,Vice President STATE OF NEW JERSEY ss. County of Somerset On this 26th day of April,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C.Wendel,being by me duty swam, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David S.Norris,Jr.,subscribed to said Power of Attomey is ih the genuine handwriting of David B.Noels,Jr.,and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial seal KATHERINE I ADEUAR NOTARY PUBUC NEW 1fk5F1 `'+Q SHAY ��► Nr,.231616 685 � W Commi slon I*ra July 14,2011 Notary Public y�Y J CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,Jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Mee President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any , certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any,such power so executed and oertilled by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (die'Companiesl do hereby certify that () the foregoing extract of the By-haws of the Companies is true and correct, (ti) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed In Puerto Rico and the U.S.Virgin Islands,and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (1) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this ��� l l �� 1 2 to v �,cuwm `�g�PAkrE. V I010 hf MPV' qEW Yp0.'t- e slant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: surety@chubb.com Form 15-10-0225B-U (Ed.5-03) CONSENT OFFICIAL RECORD CITY SECRETARY FT WORTH, TX GENERAL CONDITIONS DIVISION 00 Page 33 of 1067 SECTION 00 6113 Bond No. 8238-20-27 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Woody Contractors, Inc. , known as "Principal"herein and Vigilant Insurance Company , a corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas, known as "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million Five Hunderd Thousand Dollars and zero cents ($1,500,000.00) for the initial term and Two Million Dollars and zero cents ($2,000,000.00) for the next optional renewal terms, lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 2S�day of *34"- ,20A, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as CITYWIDE STORM DRAIN IMPROVEMENTS City Proiect Number. 100092. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 34 of 1067 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of 3 ' 20_. PRINCIPAL: WOODY CONTRACTORS, INC. BY: _ Sig ure ATTE ' (Principal) Secretary Name and Tale Address: 650 Tower Drive Kennedale, Texas 76060 Witness as to Principal SURETY: VIGILANT INSURANCE COMPANY BY: ig4na ?e- Kyle W. Sweeney, Attorney-in-Fact Name and Title Address: 2001 Bryan Street, Suite 3400 Dallas, Texas 75201 �l 11 aa Witness to Surety Elizabeth Gay Telephone Number: 214-754-0777 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 35 of 1067 Bond No. 8238-20-27 SECTION 00 61 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Woody Contractors, Inc. known as "Principal" herein, and Vigilant Insurance Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as"Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One Million Five Hundred Thousand Dollars and zero cents ($1,500,000.00) for the initial term and Two Million Dollars and zero cents($2,000,000.00) for any optional renewal terms afterwards,lawful money of the United States, to be paid in Fort Worth,Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the OV day of TkA , 20 t_j l, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as CITYWIDE STORM DRAIN IMPROVEMENTS, City Protect Number: 100092. NOW, THEREFORE, the condition of this obligation is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 36 of 1067 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of_ �h , 246 PRINCIPAL: WOODY CONTRACTORS, INC. ATTEST: BY: ignatu (Principal) Secretary Name and Title Address: 650 Tower Drive � -�4,2 Kennedale, Texas 76060 c Witness as to Principal SURETY: VIGILANT INSURANCE COMPANY ATTEST: BY: Si Kyle W. Sweeney, Attorney-in-Fact (Surety)Secretary Name and Title Address: 2001 Bryan Street, Suite 3400 C6 -,6akk— Dallas, Texas 75201 Witness to Surety Eliza eth Gra Telephone Number: 214-754-0777 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 37 of 1067 Bond No. 8238-20-27 SECTION 00 61 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Woody Contractors, Inc. known as "Principal' herein and Vigilant Insurance Company , a corporate surety (sureties, if more than one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million Five Hundred Thousand Dollars and zero cents ($1,500,000.00) for the initial term and Two Million Dollars and zero cents ($2,000,000.00) for any optional renew terms afterwards, lawful money of the United States, to be paid in Fort Worth,Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. W EREAS, the Principal has entered into a certain written contract with the City awarded theM day of a a.t. ,204, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein, the "Work") as provided for in said contract and designated as CITYWIDE STORM DRAIN IMPROVEMENTS, City Proiect Number. 100092;and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City("Maintenance Period");and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void;otherwise to remain in full force and effect. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 38 of 1067 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 0-..:--A n.......„ti...nn nn+n GENERAL CONDITIONS DIVISION 00 Page 39 of 1067 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this theft day of tt lei 20 L. PRINCIPAL: WOODY CONTRACTORS, INC. BY: • i&fATTEST- (Principal) Secretary Name and Ti he Address: 650 Tower Drive Kennedale, Texas 76060 4.) /4, fitness as to Principal SURETY: VIGILANT INSURANCE COMPANY BY: ZAA J' 7- ur Kyle W. Sweeney, Attorney- act ATTEST: Name and Title Address: 2001 Bryan Street, Suite 3400 (Surety) Secretary Dallas, Texas 75201 I k&�, -PJ a Witness to Surety Elizabeth day Telephone Number: 214-754-0777 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. N RECORD RETARY TH, TX CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 IcChubb POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Elizabeth Gray,Charles D.Sweeney,Kyle W.Sweeney and Michael A.Sweeney of Fort Worth,Texas each as their true and lawful Attorney-In-Fad to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 26th day of April,201 -=12e— -,Lkawlz en nt ry D Norris,Jr.,Vice President STATE OF NEW JERSEY ss. County of Somerset On this 26th day of April,2011 before me,a Notary Public of New Jersey,personally came Kenneth C.Wendel,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly swom, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponents presence. Notarial Seal KATHERINE 1.ADELAAR Q� pAY l NOTARY PUBLIC NEW JfkSFI �� Ne.231616 685 P e Compilation E*r s July 1-6,2014 Notary Public a�J CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'An powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the following officers:Chairman,President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fad for purposes only of executing and attesting bonds and undertakings and otter writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any,such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to arty bond or undertaking to which it is attached.' I,Kenneth C.Wendel,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY (the"Companies)do hereby certify that n the foregoing extract of time By-Laws of the Companies Is true and correct, (fm) Me Companies are duty licensed and authorized to transact surety business In all 50 of the United States of America and the District of Columbia and are authorized by the U.S.Treasury Department;further,Federal and Vigilant are licensed In Puerto Rico and the U.S.Virgin Islands,and Federal Is licensed in American Samoa,Guarr%and each of the Provinces of Canada except Prince Edward Island;and (i) tme foregoing Power of Attomey is true,correct and in full force and effect. Given under my hand and seals of said Companies at Warren.NJ this 4L�DIANr h NS�t' yEW e e Seaetary IN THE EVENT YOU WISH TO-NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3656 e-mail: suretypchubb.com LFT. AL RECORD Form 15-10-02256-U (Ed.5-03) CONSENT ECRET y RTH, TX Policyholder Information Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Chubb's toll-free telephone number Usted puede llamar al numero de telefono gratis for information or to make a complaint at de Chubb's para informacion o para someter una queja al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de companias, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 FAX # (512) 475-1771 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection @tdi.state.tx.us E-mail: Cons umerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTES SOBRE PR/MAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent first. reclamo, debe comunicarse con el agente primero. If the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en pane o condicion del documento document. adjunto. Form 99-10-0299(Rev. 1-08) GENERAL CONDITIONS DIVISION 00 Page 40 of 1067 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 ACCORIDO DATE® rcYYY) CERTIFICATE OF LIABILITY INSURANCE F7/Ig/2016/oo 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(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Michele Lane Higginbotham Insurance Agency, Inc. PHONE 800-728-2374 FAX $17-347-6981 For W.Worth 13th E-MAIL ,mlane hi Inbotham.net Fort Worth TX 76102 @ 99 INSURERS AFFORDING COVERAGE NAIC# INSURER A:United Fire&Casualty Co. 13021 INSURED WOODY8 INSURERB:Texas Mutual Insurance Company 22945 Woody Contractors, Inc. INSURER C: 650 Tower Dr. Kennedale TX 76060-3012 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1780968575 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY 85319573 4/30/2016 413012017 EACH OCCURRENCE $1,00_0,000 CLAIMS-MADE a OCCUR PREMISES TO RENT PREMISES Ea occurrence $100,000 X Ded:$1.000 PD MED EXP(Any one person $5,000 PERSONAL 8 ADV INJURY $1,000,000 P'OTHER:L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY E]PE� LOC PRODUCTS-COMP/OP AGG $2,000,000 I $ A AUTOMOBILE LIABILITY 85319573 4/30/2017 a SINGLE LI I Ea ccident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOS NED SCHEDULED BODILY INJURY(Per accident) $UTOS HIRED AUTOS NON-OWNED PERTY DAMA $ AUTOS Per accident A X UMBRELLA LIAR X OCCUR 85319573 413012016 413012017 EACH OCCURRENCE $4,000,000 ElEXCESS LIAR CLAIMS-MADE AGGREGATE $4,000,000 DED I X I RETENTION$O $ OT - B WORKERS COMPENSATION TSF0001268770 4/3012016 4130/2017 X STATUTE ERH AND EMPLOYERS'LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 OF EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Leased/Rented Equip 85319573 413012016 413012017 Limit:$250,000 Ded:$2,500 Scheduled Equip See Below Ded:$1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status(General Liability includes completed ops)and General Liability,Automobile Liability and Workers'Compensation policy includes a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy has a blanket Primary&Non Contributory endorsement that affords that coverage to certificate holders only See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth OFgCIAL RECORD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation&Public orks ep ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. CITY SECRETARY Fort Worth TX 76102 FT, WORTH, TX AUTHORIZED R PRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WOODY8 LOC#: A�REP ADDITIONAL REMARKS SCHEDULE Page of i AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. Woody Contractors, Inc. 650 Tower Dr. POLICY NUMBER Kennedale TX 76060-3012 CARRIER TAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE where there is a written contract between the Named Insured and the certificate holder that requires such status. Umbrella is follow form. Project:Citywide Storm Drain Improvements City Project No. 100092 THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION(10 FOR NON-PAY OF PREMIUM) TO THE CERTIFICATE HOLDER. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. 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:Deoember21,2012 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............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decen ber21,2012 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 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work ..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December 21,2012 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:Deoenbes21,2012 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:December 21,2012 007200-1 General Conditions Page I 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. S. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw—City's on-line, electronic document management and collaboration system. 12. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,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:December 21,2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember2l,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 SPECIFCATION DOCUMENTS Revision:December 2l,2012 007200-1 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:December 21,2012 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 2I,2012 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: 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:December 21,2012 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 SPECTCATION DOCUMENTS Revision:December2l,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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dece<nber21,2012 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 SPECIFCATION DOCUMENTS Revision:Dweanber21,20I2 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:Domnber21,2012 007200-1 General Conditions Page 12 of 63 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:December2l,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:December 21,2012 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:Deceaber21,20I2 007200-1 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:Decendxr2l,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:Deco nber21,2012 007200-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demuber21,2012 007200-1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoetrber21,2012 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decemlxr2l,2012 007200-1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decerober21,2012 007200-1 General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 007200-1 Genera]Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE and/or SBE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended)by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decetnber21,2012 007200-1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. 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 any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses 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 permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=Tba21,2012 00 7200-1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 007200-1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demrber21,2012 007200-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoenber21,2012 007200-1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 00 7200-1 General Conditions Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceniber21,2012 007200-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decemlxr2l,2012 007200-1 General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements;Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dewrrber21,20I2 007200-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0l.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dexn ber2l,2012 007200-1 General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded:The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoernber21,2012 00 7200-1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 007200-1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or 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) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoenber21,2012 007200-1 General Conditions Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dcwember21,2012 007200-1 General Conditions Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay 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 other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, 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 such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee,if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. 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 other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay 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 other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. 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 other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceniber2I,20I2 007200-1 General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deom ber21,2012 007200-1 General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor,or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors,requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dexnibe 21,2012 007200-1 General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended;or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 Genera]Conditions Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection,City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber 2012 007200-1 General Conditions Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber21,2012 007200-1 General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demriber21,2012 007200-1 General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City;or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 007200-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deoember21,2012 007200-1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim,demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 007200-1 General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process;or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Daoember2l,2012 GENERAL CONDITIONS DIVISION 00 Page 41 of 1067 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1.,"Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of N/A—Easement and Rights-of-Way will be obtained prior to issuance of Work Order. Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE :NUMBER 0;7 POSSESSION <None> The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 42 of 1067 If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed,adjusted,and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of when this document was created. EXPECTED UTILITY TARGET OWNER AND DATE OF LOCATION ADJUSTME Major utilities will be relocated as needed prior to construction Minor utilities will be relocated as needed as part of construction The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A.,"Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: <None> The following are drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site of the Work: <None> SC-4.06A.,"Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: <None> SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: <None> (3) Other: <None> SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 43 of 1067 5.04A.Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease- each employee $500,000 Disease -policy limit SC-5.04B.,"Contractor's Insurance" 5.0413. Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment—Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C.,"Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person/ $500,000 Bodily Injury per accident/ $100,000 Property Damage SC-5.04D.,"Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks <None> The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 44 of 1067 operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: N/A (2) Each Occurrence: N/A Required for this Contract X I Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 45 of 1067 performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 1 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: Table provided in the Contract Book, General Conditions (GC-6.07 Wage Rates) SC-6.09., "Permits and Utilities" SC-6.09A.,"Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: <NONE> Contractor will pull required permits as needed for each work order, i.e. Utility Cut, Traffic, etc. SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: <NONE>Any permits required will be obtained by the City prior to issuance of work order. SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of: <NONE> Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND TARGET DATE LOCATION OF POSSESSION <NONE> SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 46 of 1067 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 47 of 1067 Vendor Sco a of Work Coordination Authority I *City will coordinate with contractor as to the ability of Vendors to perform work SC-8.01, "Communications to Contractor" Any and all communications to the contractor will be via mail, email,phone including text from City personnel. SC-9.01.,`'City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: <NONE> The City will be responsible for all construction management of this Project SC-13.03C., "Tests and Inspections" The City will provide internal Inspection services and either internal or external Survey services. All Testing services will be set up internally through the City and provided to the contractor for usage in accordance with City Standard requirements for materials and testing. SC-16.01C.1, "Methods and Procedures" <NONE>All decisions are finalized by the City. END OF SECTION CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 48 of 1067 APPENDIX GC-4.01 Availability of Lands: N/A GC-4.02 Subsurface and Physical Conditions: N/A GC-4.04 Underground Facilities: N/A GC-4.06 Hazardous Environmental Condition at Site: N/A GC-6.06.1) Minority and Women Owned Business Enterprise Compliance: Forms must be provided to be considered. See Attachments. GC-6.07 Wage Rates: Table provided in Contract Book GC-6.09 Permits and Utilities: Must obtain Street Cut Permits with each Work Order. Bid item Included. GC-6.24 Nondiscrimination: None (No Federal Aid) GR-01 60 00 Product Requirements Current Standard Products List available on Buzzsaw CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 49 of 1067 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK <1VONE> CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 50 of 1067 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 51 of 1067 GC-4.04 Underground Facilities TIIIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 52 of 1067 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 53 of 1067 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Woody Contractors, Inc. offeror PROJECT NAME: MM/DBE VVI NON-MM//DBE Citywide N ide Storm Drain Improvements rovements BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 13 % 3.7 Rio 100092 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being 1considered non-responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1 gt tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev.2110/15 FORTH ATTACHMENT 1A P Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax e B B B Work Purchased Email E E Contact Person E Lions Gate Logistics 2600 Timber Road Burleson, TX 76028 F] Trucking $55,000 817-917-0668 JM Materials P.O. Box 496 Alvord, TX 76225 El I ] Rock $40,000 940-427-2033 El I!!I Sand 940-427-2789 Buyers Barricades 7409 Baker Blvd Richland Hills, TX 76118 El ✓❑ Barricades $15,000 817-535-3939 817-831-7171 WOE Construction 941-8 Avenue N Grand Prairie, TX 75050 ❑ Sawing $4,000 817-284-7401 McCrory Oil P.O. Box 7141 Fort Worth, TX 76111 Fuel $15,000 817-626-4001 817-626-4002 J.L.B. Contracting P.O. Box 24131 Fort Worth, TX 76124 n Asphalt $20,000 817-261-2991 I—J 817-261-3044 Rev.2/10/15 FORTWORT_H ATTACHMENT IA Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax e B B M Work Purchased Email r E E B Contact Person E APAC Texas P.O. Box 1807 Fort Worth, TX 76101 ❑ ❑ ✓ Asphalt $8,000 817-336-0521 Fortiline Waterworks 1705 Cypress St Haltom City, TX 76028 Pipe & Fittings $60,000 682-747-0879 682-747-2077 Forterra Pipe 1000 N. MacArthur Grand Prairie, TX 75050 ❑ E ✓ Concrete- $300,000 972-263-2181 Precast 972-260-3618 Klutz Construction, LLC Concrete P.O. Box 185 Flatwork/ Kennedale, TX 76060 ✓ Manhole $250,000 817-561-5591 Construction 817-929-1840 GJ Seeding, LLC 1080 S Burleson Blvd Hydromulch and Burleson, TX 76028 p / Sod $8,000 817-426-8284 Cowtown Redi Mix Concrete PO Box 162327 Concrete Ready $20,000 Fort Worth, TX 76161 Mix 817-759-1919 Rev.2/10/15 FORTWORT_H ATTACHMENT IA i Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER Company Name T n Detail Detail Address i Subcontracting Supplies Dollar Amount Telephone/Fax e B B M Work Purchased Email r E E B Contact Person E Utility & Environmental Services, Inc P.O. Box 542015 El 1:1 ✓ Pipeline clean $1,000 Dallas, TX 75354 and T.V. 972-556-2913 ❑ ❑ ❑ Rev.2/10/15 FORTWORTH ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $55,000.00 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $741,000.00 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $796,000.00 The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval of ChangelAddition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. fno is Authori Printed Signature Presid t Tide Contact Namerride(H different{ Woody Contractors, Inc. 817-483-4787 Company Name Telephone and/or Fax 650 Tower Drive twoody2020Q(V_' om Address E-mail Address Kennedale, TX 76060 5/20/2016 City/statelzip Data Rev.2/10115 ATTACHMENT 1C Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Woody Contractors, Inc Offeror PROJECT NAME: MM/DBE I X I NON-MM/DBE Citywide p 5/19/2016 Storm Drain Improvements BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 13 pia 31% 1100092 If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets,if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Sawing Rock Trucking ✓ Sand Portable Toilets ✓ Barricades Concrete Flatwork Fuel Inlet Construction Asphalt Mix Erosion Control Pipe & Fittings •� Hydromulch and Sod Concrete- Precast Fence Material Installation Pipeline Clean and TV Manhole Construction d Manhole Materials Rev.2/10/15 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current(not more than two(2)months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's M/WBE Office. x Yes Date of Listing os /30 /2016 No 3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are opened? x Yes (If yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact) x No 5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non responsive.) x No 6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email,exclusive of the day the bids are opened? Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) x No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? Yes x No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? x Yes No Rev.2/10/15 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) x No 10.) Was the contact information on any of the listings not valid? Yes (If yes,attach the information that was not valid in order for the MIWBE Office to address the corrections needed.) x No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets, if necessary,and attac►9. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. No MBE category for Concrete Ready Mix,Asphalt,Fuel Suppliers or Portable toilets. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev.2110/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBE(s) listed in Attachment 1 C will be contacted a the reasons r not using them will be verified by the City's M/WBE Office. W20114 _ Au er' a at Printed Signature Presid t ure Title Contact Name and Title(if different) Woody Contractors, Inc. 817-483-4787 817-483-2048 Company Name Phone Number Fax Number 650 Tower Dr twoody202O @aol.com Address Email Address Kennedale, TX 76060 May 20, 2016 City/State/Zip Date Rev.2110115 WOODY CONTRACTORS WOODY CONTRACTORS INC. 650 TOWER DRIVE KENNEDALE,TEXAS 76060 OFFICE:817-483-4787 May 6, 2016 FAX:817-483-2048 INVITATION TO BID WOODY CONTRACTORS, INC., an equal opportunity employer, is seeking material and/or subcontract quotations from DISADVANTAGED MINORITY BUSINESS ENTERPRISES for the following project CITYWIDE DRAINAGE IMPROVEMENTS; PROJECT# 100092 BID DATE: MAY 19, 2016 All quotes should be received in our office by 12:00 Noon on the day before bid date!!!!! All quotes should be addressed to ATTN: Mr. Dan Woody, Woody Contractors, Inc., 650 Tower Drive, Kennedale, Texas 76060. Phone: 817-483-4787 Fax: 817-483-2048 PLANS AND SPECIFICATIONS CAN BE DOWNLOADED OR VIEWED ON THE CITY OF FORT WORTH BUZZSAW SYSTEM. PLANS AND QUOTATION INFORMATION MAY BE REVIEWED AT MY OFFICE MONDAY - FRIDAY, 9:00 AM TO 5:00 PM, BY APPOINTMENT. QUOTATION INFORMATION MAY ALSO BE OBTAINED BY PHONE. 4 E FORT WORTH, E March 30, 2016 Troy Woody Woody Contractors, Inc. 650 Tower Drive Kennedale, TX 76060 N Dear Mr.Woody, D-o a Al fI TNs is in response to your request for the attached listings to assist your company in seeking and utilizing MBE sub-contractors and/or suppliers: �Contractor Opportunities Requested Contractor Opportunities Provided .�4sp. halt Paving A Asphalt Paving ri oring Boring and Drilling Construction v` Concrete Paving r Concrete Services (Paving, Repair, etc.) Concrete excepf Paving hConcrete Curb and Gutter Construction Concrete Pumping Services Concrete Removal and Excavation Concrete Sidewalks, Driveways, Wheelchair Ramps Concrete Specialty Work Concrete Cutters Concrete Cutting, Sawing, Coring and Sealing ,x- Concrete Reinforcement r Reinforcing Steel and Post Tension Installation Erosion Control f Erosion Control Services/Devices (includes Gabion work) v Excavation Y Excavation Work Grading (Land Clearing/Site Development) Fence Construction,/ Fence Material, Installation and/or Ornamental Work Guard Rail Construction *x Guard Rail Construction Hazardous Waste Disposal X , HtInlet zardous Waste Transport, Disposal / Inlet Construction J /t�, Construction �Manhole Construction nhole Construction and/or Rehabilitation v Aanhole Rehab or Coating,y See above Manhole Construction and/or Rehabilitation °ipe Burstingr No MBE Firms Provided { 'lipeline Clean and T.V. ./ TV Inspection and/or Pipeline Cleaning ✓ Plumbing Construction x Plumbing Contractors Striping/Markers 1, Striping/Markers Al Surveying Surveying Services, Land (including Geophysical) t/ Traffic Signals)( Traffic and Transit Signal Installation Water Taps x No MBE Firms Provided JVedge Milling )( No MBE Firms Provided Supplier Opportunities Requested Supplier Opportunities Provided Aggregate,-Sand, Rock J Aggregate: Sand/Gravel/Dirt./Topsoil, etc. Asphalt and Asphalt Mix x No MBE Firms Provided c--1 Barricades J Barricades, Traffic Cones and Other Devices Concrete-Precast j Concrete, Precast / ECONOMIC DEVELOPMENT DEPARTMENT r/ MINORITY/WOMEN BUSINESS ENTERPRISE THE CITY OF FORT WORTH* 1000 THROCKMORTON STREET*FORT WORTH,TEXAS 76102 \� Phone(8 17)212-2674*Fax(817)212-2681 Concrete Ready Mix)' No MBE Firms Provided Fuel Supr)iiers x No MBE Firms Provided Pipe Pipe Suppliers (up to 24inch) P"" Pipe Culverts � Pipe Fittings and Valves Pipe Fittings and Valves t/ Portable Toilets X No MBE Firms Provided Precast MH's X No MBE Firms Provided Pulverization X No MBE Firms Provided Cathodic Protection), Cathodic Protection Services Hydromulch and c-kd✓ Seeding and Sodding (including Synthetic/Artificial Turf) 'Sewer CIPP k See above Pipe Suppliers (up to 24inch) ol*� The attached listings can be utilized up to two months from the date of this letter, per City of Fort Worth's Business Diversity Enterprise Ordinance #20020-12-2011. If additional commodities are needed within this 2-month period, please contact this office and your request will be processed immediately. Thank you for your interest and if M/WBE Office can be of further assistance feel free to contact at(817) 212-2674. Sincerely, =6 9+M Administrative Technician Economic Development Department Minority/Women Business Enterprise Office ECONOMIC DEVELOPMENT DEPARTMENT l Nj1'iv^vRITY/WOMEN BUSINESS ENTERPRISE _ THE CITY OF FORT WORTH * 1000 TI IROCKMORTON STREET* FORT WORTH,TEXAS 761.02 Phone(817)212-2674*Fax(817)212-2681 JOB: #100092 CITYWIDE STORM DRAIN IMPROVEMENTS BID DATE: 5119/2016 BUSINESS r PHONE# MAILED ,Aso simllill C 1 3i CONSTRUCTION LLC 214-231-0675 2 ACTION CONSTRUCTORS 817-652-9700 3 ADMIRAL CONCRETE PAVING CORP 972-228-3009 4 BRADLEY DOUGLAS CONST SVC LLC 817429-2443 5 BRENCO INDUSTRIAL SERVICES LLC 214-267-1628 6 BRINKMAN CONSTRUCTION 972-274-1177 7 CC ZAMORA CONSTRUCTION LLC 817-759-0063 8 CD BUILDERS, INC _ 817-510-6557 9 CON SYS CONCRETE CORPORATION 214-349-3782 10 EDWARDS CONSTRUCTION GROUP LLC 817-237-3521 11 EJ SMITH CONSTRUCTION CO LLC 469-206-7733 12 EL CALA CONSTRUCTION, LLC 817-271-3640 13 EMMANUEL PIPE SUPPLY& CONST INC 214-734-4820 14 FX CONCRETE LLC 682-626-5561 15 GARCIA CONCRETE 214-466-3251 16 GRACE CAPITAL HOLDING LLC 214-212-2618 17 HAYDEN CAPITAL CORPORATION 817.478-3765 18 J & H CONCRETE 214-675-4661 19 J.E.GUZMAN CONSTRUCTION, INC 214-309-3955 20 JMC CONCRETE, INC 817-498-9333 21 KDAT, LLC 469-853-5038 22 LAKE RICHARDSON CONST COMPANY 617-535-0262 23 LITTLE J.J.TRUCKING#2 817-996-1414 24 MAKOU, INC 817-798-5426 25 MARTINEZ CONSTRUCTION SERVICES 817-975-8641 26 MAYA CONSTRUCTION 1 214-391-0949 27 NEW WORLD CONTRACTING LLC 214-812-9429 28 OMEGA CONSTRUCTION GROUP, LLC 469-232-8715 29 PAEE CORPORATION 1 817-975-6139 30 PERKINS CONSTRUCTION 817-733-2337 31 PONTCHARTRAIN PARTNERS LLC 817-637-3411 32 R. D. HOWARD, LLC 1 817-921-1401 33 RAMBO CONTRACTING, INC 817-426-1166 34 REYES GROUP LTD 214-260-3535 35 ROADWAY ENGINEERING & CONST INC 972-285-1315 36 ROCK STEADY CONSTRUCTION 214-854-9770 37 RODRIGUEZ CONCRETE CONST. 214-275-4542 38 SJ &J CONSTRUCTION LLC 214-682-8182 39 SMR CONSTRUCTION INC 972-231-7272 40 WEST TEXAS REBAR PLACERS INC 972-438-8351 ETE SIDEWALKS DRIVEWAY IR RAMPS ETC 5/6/2016 1 3i CONSTRUCTION LLC 214-231-0675 2 A&A CONSTRUCTION COMPANY 817-267-2757 3 BEVERLY SUE GLOBAL SERVICES LLC 817-701-1569 4 BRADLEY DOUGLAS CONST SVC LLC 817429-2443 5 CC ZAMORA CONSTRUCTION LLC 817-759-0063 6 CAPITOL GENERAL CONTRACTORS LLC 972-624-8080 7 CARCON INDUSTRIES& CONST LLC 214-352-8515 8 CD BUILDERS, INC 1 817-510-6557 9 CON SYS CONCRETE CORPORATION 214-349-3782 10 EDWARDS CONSTRUCTION GROUP LLC 817-237-3521 11 EJ SMITH CONSTRUCTION CO LLC 469-206-7733 12 EL CALA CONSTRUCTION, LLC 817-271-3640 13 EMMANUEL PIPE SUPPLY& CONST INC 214-734-4820 14 ESTRADA CONCRETE COMPANY LLC 469-877-6635 15 F & E UTILITIES CONSTRUCTION 214-662-2880 16 F & F CONCRETE LLC 972-202-9202 17 FALKENBERG CONSTRUCTION CO INC 214-324-4779 18 FX CONCRETE LLC 682-626-5561 19 GAR-TEX CONSTRUCTION CO INC 972-203-1700 20 GRACE CAPITAL HOLDING LLC 214-212-2618 21 HAYDEN CAPITAL CORPORATION 817-478-3765 22 1&H CONCRETE CUTTING INC 214-941-4332 23 J & H CONCRETE 214-675-1661 24 J.E.GUZMAN CONSTRUCTION, INC 214-309-3955 25 JMC CONCRETE, INC 817-498-9333 26 KDAT, LLC 1 469-853-5038 27 LAKE RICHARDSON CONST COMPANY 817-535-0262 28 LITTLE J.J.TRUCKING#2 817-996-1414 29 MAKOU, INC 817-798-5426 30 MARTINEZ CONSTRUCTION SERVICES 817-975-8641 31 MILLER SIERRA CONTRACTORS INC 817-461.8802 32 MOUNTAIN TOP CONCRETE 817-870-1971 33 MUNILLA CONSTRUCTION MGMT LLC 214-687-9140 34 NEW WORLD CONTRACTING LLC 214-812-9429 35 OMEGA CONSTRUCTION GROUP, LLC 469-232-8715 36 PAEE CORPORATION 817-975-6139 37 PERKINS CONSTRUCTION 817-733-2337 38 PLACIDO CONSTRUCTION 214-653-1722 39 R. D. HOWARD, LLC 817-921-1401 40 RAMBO CONTRACTING, INC 817-426-1166 41 RBR INFRASTRUCTURE & ROADS LLC 214-389-2900 42 REYES GROUP LTD 214-260-3535 43 ROADWAY ENGINEERING &CONST INC 972-285-1315 44 ROCK STEADY CONSTRUCTION 214-854-9770 45 RODRIGUEZ CONCRETE CONST. 214-275-4542 46 SANTOS CONSTRUCTION, INC 972-296-5813 47 SJ &J CONSTRUCTION LLC 214-682-8182 48 SMR CONSTRUCTION INC 972-231-7272 49 TEX CRETE PAVING 972-989-5936 50 VESCORP CONSTRUCTION LLC 972-557-1046 51 WEST TEXAS REBAR PLACERS INC 972-438-8351 7 2 11 G SA IN NG and SEAL/ G 1 CORE CUT CONCRETE CORING&CUTTING 214402-3974 G& G SAW AND SEAL CONSTRUCTION 214-882-0200 3 GARCIA CONCRETE 214-466-3251 4 GHR CONCRETE, INC 1 214-232-3622 5 GRACE CAPITAL HOLDING, LLC 214-212-2618 6 1& H CONCRETE CUTTING, INC. 214-941-4332 7 KDAT, LLC I 1 469-853-5038 8 MARTINEZ CONSTRUCTION SVCS 817-975-8641 9 OMEGA CONSTRUCTION GROUP, LLC 469-232-8715 10 PONCE CONTRACTORS, INC. 817-868-9800 11 PONTCHARTRAIN PARTNERS LLC 817-637-3411 12 ROADWAY ENGINEERING & CONST ZINC 972-285-1315 13 SUPREME SAWING AND SEAL, INC 972-557-9858 14 VESCORP CONSTRUCTION LLC 972-557-1046 BUSINESS PHONE# MAILED NTROL tiNgLUDES GA61 5/6/2016 1 BRADLEY DOUGLAS CONST SVC LLC 817-429-2443 2 C GREEN SCAPING, LP 817-577-9299 3 COVERALL MGMT&ASSOCIATES INC 214-372-9292 4 ENVIRONMENTAL SAFETY SVCS INC 940-455-2660 5 LEATH HYDROMULCH & ENVIRON- 972-222-6666 MENTAL SERVICES 6 NEW WORLD CONTRACTING LLC 214-812-9429 7 RODRIGUEZ CONCRETE CONST 214-275-4542 8 SLEEPERS EROSION CONTROL INC 214-549-6766 affiagglATE. SAND ROCK 5/6/2016 _ 1 A.E.A. TRANSPORTATION 214-535-5495 2 EARTH HAULERS, INC 817-540-2777 _3 LARRY RAMBO TRUCKING 817-821-3704 4 P& P TRUCKING & MORE 469-441-0407 5 WEIR 777, LLC 469-708-8549 BARRICADES 5/6/2016 1 EAGLE BARRICADE, LLC 214-644-2444 BUSINESS PHONE# MAILED CONCREN,PRECAST 5/6/2016 1 BENU CONSTRUCTION INC 817-368-4245 2 CHOCTAW ERECTORS INC 972-790-2255 3 F & K BUILDERS, INC. 214-213-1955 F°1PE Fl7T7NGS AND KALVES.VALVES. ETC 5/6/2016 1 INDUSTRY JUNCTION, INC 214-680-9655 iNYDROMULCH AND SOD 5/6/2016 1 C. GREEN SCAPING, LP 817-577-9299 2 HYDROTECH OF TEXAS 817-784-1881 3 LEATH HYDROMULCH & ENVIRON- 972-222-6666 MENTAL SERVICES I BUSINESS PHONE ## MAILED FIENCENUERIAL INSTALLATION AND/OR ORNAMENTAL WORK 5/6/2016 - 1 A& R RENT A FENCE 2143911929 2 ACTON FENCE & DECK CARE 8176529700 i 3 B& S FENCE COMPANY 8173862491 4 CALDWELL Indrustries, Ip 9726425531 5 GREEN HILLS LANDSCAPING 8172750710 6 J & M CONCRETE 7 FENCING SUPP. 2147749080 7 JE CASEY, LLC 4693166851 8 LLANO RIVER FENCE CO. 9722864316 9 LOS ALTOS FENCE & SUPPLY 8174685044 I r 10 MARK GENTRY 6824655172 11 METALMAN DESIGN/BUILD CORP. 2149461840 12 METCON INC 8172811620 13 PONCE CONTRACTORS 8178689800 14 TIC TINMAN ENTERPRISES 8172886116 _ 15 WORLD CLASS PROPERTY MGMT 8175250251 BUSINESS PHQNE# MAILED TV INSPECTION ANDIOR PIPELINE CLEA NINO 1 LONESTAR DRAW, LLC 214-796-3557 5/6/2016 INLtET CONSTRUCTI N 5/6/2016 1 BRADLEY DOUGLASS CONSTRUCTION 817-429-2443 SVCS LLC 2 EDWARDS CONSTRUCTION GROUP, LLC 817-237-3521 3 F&F CONCRETE, LLC 972-202-9202 4 GAR-TEX CONSTRUCTION CO. INC 972-203-1700 5 HAYDEN CAPITAL CORPORATION 817-478-3765 6 IRON CONCRETE CONSTRUCTION CO. 214-801-9631 7 J.E. GUZMAN CONSTRUCTION, INC 214-309-3955 8 NTP PLUMBING & UTILITIES 817-483-6200 CONTRACTORS, INC 9 PLACIDO CONSTRUCTION 214-653-1722 10 RAMBO CONTRACTING, INC 817-426-1166 MANHOLE CONSTRUCTION 5/6/2016 1 FLOWLINE UTILITIES, INC. 972-243-3510 2 GAR-TEX CONSTRUCTION CO, INC 972-203-1700 3 HAYDEN CAPITAL CORPORATION 817-478-3765 4 IRON CONCRETE CONSTRUCTION CO. 214-801-9631 5 J.E.GUZMAN CONSTRUCTION, INC 214-309-3955 6 NTP PLUMBING & UTILITIES 817-483-6200 CONTRACTORS, INC 7 RAMBO CONTRACTING, INC 817-426-1166 MANH LE MATERIALS 5/6/2016 1 EJ SMITH SUPPLY CO., LLC 469-206-7733 A.E.A. Transportation Bradley Douglas Const Svc LLC 2300 Valley View Ln MAIN LIST pig 1 5001 Brentwood Stair Rd Ste 106 Ste 226 Fort Worth, TX 76112 Irving, TX 75062 Grace Capital Holding, LLC C. Green Scaping, LP Pontchartrain Partners LLC 8660 Drayton Drive 2401 Handley Ederville Road 3102 Maple Ave, Ste 400 Irving, TX 75063 Ft Worth, TX 76118 Dallas, TX 75201 Choctaw Erectors, Inc Core Cut Concrete Coring & Cutting Eagle Barricade LLC 101 Josephine Lane 824 S. Tyler Street 2029 Mckenzie Dr, Ste #100 Grand Prairie, TX 75050 Dallas, TX 75208 Carrollton, TX 75006 Earth Haulers, Inc. 11500 Mosier Valley Road Fort Worth, TX 76040 F & K Builders, Inc G & G Saw and Seal Construction Roadway Eng & Const Inc 713 Rankin Drive 4008 Forest Lawn Drive 3501 Dublin Trail Bedford, TX 76022 Balch Springs, TX 75180 Mesquite, TX 75149 Vescorp Construction LLC Hayden Capital Corporation Hydrotech of Texas 4422 S. Peachtree Road 5136 Vesta Farley 2004 W. Sublett Road Balch Springs, TX 75180 Fort Worth, TX 76119 Arlington, TX 76017 Supreme Sawing & Seal Inc Industry Junction, Inc. J.E. Guzman Construction Inc 208 Hearthstone Dr. 1010 Kent Brown 8356 Lake Anna Drive Sunnyvale, TX 75182 Garland, TX 75044 Dallas, TX 75217 KDAT, LLC Larry Rambo Trkg 700 Chaffee Ct 501 Allison Lane Arlington, TX 76006 Fort Worth, TX 76140 NTP Plumbing & Utilities Rodriguez Concrete Const Omega Const Group LLC Contractors, Inc 2636 Kirven Street 2455 E. Long Avenue 503 Park Street Dallas, TX 75227 Fort Worth, TX 76107 Cleburne, TX 76031 MAIN LIST pg 2 Ponce Contractors, Inc. Martinez Construction Svcs Rambo Contracting, Inc. 2636 Guadalupe Drive 836 Big Sky Lane 1201 S. Hurst Rd Mesquite, TX 75181 Fort Worth, TX 76131 Burleson, TX 76028 Leath Hydromulch & Envir Svc Sleepers Erosion Control Inc Flow Line Utilities Inc 1717 Potter Lane 9940 Tanglevine Drive 13722 Indian Wells Road Mesquite, TX 75126 Dallas, TX 75238 Dallas, TX 75253 P & P Trucking & More Benu Const Inc 826 Robertson Road 3900 German Pointer Way Grand Prairie, TX 75050 Ft Worth, TX 76123 Iron Concrete Const Co Inc ?_18 High Mesa Drive GHR Concrete, Inc. I & H Concrete Cutting, Inc. 1218 TX Mesa D 2929 Mican 2628 S. Beckley Avenue Dallas, TX 75212 Dallas, TX 75224 Environmental Safety Svc Inc Gar-Tex Construction Co Inc New World Contracting LLC 2652 FM 407, Ste 235 441 US Highway 80 East 8500 N. Stemmons Fwy, Ste 4045 Bartonville, TX 76226 Sunnyvale, TX 75182 Dallas, TX 75013 LoneStar Drain, LLC WEIR 777, LLC Garcia Concrete 824 Andalusia Trail 10850 Luna Road 127 Rollingwood Drive DeSoto, TX 75115 Dallas, TX 75220 Mesquite, TX 75149 Coverall Mgmt & Assoc Inc EJ Smith Supply Co LLC 501 Wynnewood Village #254 828 Stella Ave Ste 102 Dallas, TX 75224 Dallas, TX 75216 A & R Rent-A-Fence Action Fence & Deck Care, LLC Fence Material,Installation 8008 Rosemont Rd 177 S. Watson Rd, Ste 506 And/Or Ornamental Work Dallas, TX 75217 Arlington, TX 76010 B & S Fence Company Caldwell Industries, LP Green Hills Landscaping and Construction Company 3024 Layton Avenue 537 Estate Drive Haltom City, TX 76117 Grand Prairie, TX 75052 806 Woodrow Street Arlington, TX 76012 J&M Concrete and Fencing Services JE Casey, LLC Llano River Fence Co., LLC Street 5020 Kite Road 11418 Lake June Road 1006 Stafford Dallas,TX rd Str Grand Prairie, TX 75052 Balch Springs, TX 75186 Los Altos Fence& Supply, Inc. Mark Gentry MetalMan Design/Build Corp. 2207 Wimbledon Drive 5001 Brentwood Stair Road 1423 Seevers Avenue Arlington, TX 76017 Fort Worth, TX 76112 Dallas, TX 75216 Metcon Inc. Po4ce Contractors, Inc. TX Tinman Enterprises, LLC 8324 Odell Street, Ste. 100 2636 alupe Drive 6731 Bridge Street, Ste. 64 North Richland Hills, TX 76182 Mesquite, TX-'7,5181 Fort Worth, TX 76112 World Class Property Management, LLC 8088 Park Lane, # 1219 Dallas, TX 76231 CONCRETE CURB AND 3 I Construction LLC Action Constructors GUTTER CONST pg 1 1 11 1 W. Mockingbird Ln Ste]050 177 S. Watson Rd, Ste 506 Dallas, TX 75247 Arlington, TX 76010 Admiral Concrete Paving Corp Bradley Douglas Const Svc LLC Brenco Industrial Svc, LLC 7407 University Hills Blvd 5001 Brentwood Stair Rd, Ste 106 2929 Mican Drive Dallas, TX 75241 Fort Worth, TX 76112 Dallas, TX 75212 Brinkman Construction C.C. Zamora Const LLC ConSys Concrete Corporation 2526 Hulette Avenue 144 Cottonwood Street 1 1010 Switzer Avenue, Ste 104 Lancaster, TX 75134 Fort Worth, TX 76111 Dallas, TX 75238 CD Builders, Inc Edwards Const Group LLC EJ Smith Const Co LLC 9008 Trinity Blvd H 6308 Over Lake Drive 828 Stella Ave. Ste 102 Fort Worth, TX 76053 Fort Worth, TX 76135 Dallas, TX 75216 El Cala Construction LLC Emmanuel Pipe Supply& 1404 Oak Knoll Drive Construction Inc Garcia Concrete 127 Haltom City, TX 76117 2546 N. Beltline Rd e quite, TX 75 Drive Grand Prairie, TX 75050 Mesquite, TX 75149 FX Concrete, LLC Capital Holding LLC en Capital Corporation 7703 Sand Street 8660 Dra rive 5136 e arley Fort Worth, TX 76118 Irving, TX 7506 Fort Worth, T 19 Guzman Const Inc JMC Concrete Inc Lake Richardson Const Co 835 e Anna Drive 124 W. Southern Ave Ste 100 4245 Avenue J Dallas,TX l 7 Fort Worth, TX 76179 Fort Worth, TX 76105 Ile JJ Trucking#2 NTartez Construction Svcs Maya Construction 3817 CTwkasaw 836 Big ane 1115 N. Saint Augustine Rd Fort Worth, 76119 Fort Worth, TX 31 Dallas, TX 75217 World Contracting LLC Ome,,ga Construction Group LLC PAEE Corporation 8500 N-Stemmons Fwy Ste 4045 2455 Avenue 6729 Sapphire Circle North Dallas, TX 7 Fort Worth, T 07 Colleyville, TX 76034 Perkins Construction Pontchartrain Partners LLC R. D. Howard, LLC 3721 Huntwick Drive 3102 Maple Avenue, Ste 400 3863 South Fwy, Ste 102 Fort Worth, TX 76123 Dallas, TX 75201 Fort Worth, TX 76110 CONCRETE CURB AND RiwQbc Contracting Inc. J & H Concrete GUTTER CONST pg 2 1201 rst Road 1311 Cleardale Drive Burleson, T 6028 Dallas, TX 75232 Reyes Group, Ltd. T, LLC way Engineering& 1520 Parker Road 700 Cha Court Cons tion, Inc. Grand Prairie, TX 75050 Arlington, TX 6006 3501 Dubli rail Mesquite, TX 7 9 Rock Steady Construction iguez Concrete Construction SJ &J Construction LLC 3033 Caballero Circle 2636 Street 2310 Lapsley Street Dallas,TX 75236 Dallas, TX 752-2,7 Dallas, TX 75212 SMR Construction, Inc. West Texas Rebar Placers Inc. MAKOU, Inc. 411 Industrial Drive, Ste. 109 1719 Peters Road, Ste. 516 833 Simi Drive Richardson, TX 75081 Irving, TX 75061 Arlington, TX 76001 CONCRETE SIDEWALKS, onstruction, LLC A & A Construction Company DRIVEWAYS,WHEELCHAIR 111 1 ockingbird Ln Ste]050 11271 Mosier Valley Road RAMPS,Etc pg I Dallas, TX 7 Euless, TX 76040 Beverly Sue Global Services LLC Bradley Douglas Const Svc LLC C. C. Zamora Const. LLC 2000 E. Lamar Blvd, # 530 5001 Brentwood Stair Rd Ste 106 144 Cottonwood Street Arlington, TX 76006 Fort Worth, TX 76112 Fort Worth, TX 76111 Capitol General Contractors LLC Carcon Industries& Const LLC ConSys Concrete Corp. 6401 Lookout Trail 1420 W. Mockingbird Ln, Ste 1200 W 1 1010 Switzer Ave, Ste 104 The Colony, TX 75056 Dallas, TX 75247 Dallas, TX 75238 Builders, Inc E rds Const Group LLC EJ ith Const Co LLC 900 inity Blvd H 6308 Lake Drive 828 Ste"likAve, Ste 102 Fort Wo , X 76053 Fort Worth, 6135 Dallas, TX-'75216 El a Construction LLC anuel Pipe Supply& Const Inc J Concrete 1404 Oa noll Drive 2546 . eltline Rd 131 I Chxvdale Drive Haltom City,TX 76117 Grand Prairie, 75050 Dallas, TX 75232 Estrada Concrete Co LLC F& E Utilities Construction F & F Concrete, LLC 1623 Garza Avenue 14124 Spring Oak Drive 1222 Montclair Drive Dallas,TX 75216 Balch Springs, TX 75180 Garland, TX 75040 Falkenberg Const Co Inc oncrete, LLC Gar- x Const Co Inc 4850 Samuell Blvd 7703 Street 441 US Pf,40i 80 East Mesquite, TX 75149 Fort Worth, X 76118 Sunnyvale,tk,75182 Gr Capital Holding LLC Hfty4,en Capital Corporation I & H Concrete Cutting Inc 8660 Dr on Drive 5136 VbsL4 Farley 2628 S. Beckley Avenue Irving, TX 73063 Fort Worth, 76119 Dallas,TX 75224 J. uzman Const Inc JM oncrete Inc KbAT, LLC 8356 L Anna Drive 124 W. them Avenue, Ste 100 700 Ch ee Court Arlington, TX 76006 Dallas,TX Z 17 Fort Worth, 76179 L ichardson Const Co Litt J Trucking#2 OU, Inc 4245 Ave J 3817 C ' kasaw 833 Si Drive Fort Worth, T 6105 Fort Worth, 76119 Arlington, 76001 CONCRETE SIDEWALKS, Martin Construction Svcs Miller Sierra Contractors Inc DRIVEWAYS,WHEELCHAIR 836 Big N Lane 1760 S. Pipeline Road W RAMPS,Etc pg 2 Fort Worth, X 76131 Euless, TX 76040 Mountain Top Concrete Munilla Const Mgmt LLC New orld Contracting LLC 1900 Samuels Avenue 106 Decker Court, Ste 230 8500 N. Stemmons Fwy, Ste 4045 Fort Worth, TX 76102 Irving, TX 75062 Dallas, TX 7513 Orn-tmg<onstruction Group LLC PA Corporation Pe s Construction 2455 E. CbiwAvenue 6729 Sa hire Circle North 3721 ick Drive Fort Worth, T 107 Colleyville, X 76034 Fort Worth,-TX 76123 Placido Construction R. oward, LLC Rambo Contracting, Inc 3326 Obenchain Street 3863 So h Freeway, Ste 102 1201 S. urst Road Dallas, TX 75212 Fort Worth, 76110 Burleson, M76028 RBR Infrastructure & Roads LLC Re s Group, Ltd. Roadway Engineering& 13140 Coit Road, Ste 230 1520 er Road Constr ion Inc Dallas,TX 75240 Grand Prair TX 75050 3501 Dub Trail Mesquite, TX S l 49 Ro Steady Construction R iguez Concrete Construction Santos Construction Inc 3033 llero Circle 2636 en Street 4485 W Red Bird Lane Dallas, TX 236 Dallas, T 27 Dallas, TX 75236 SJ Construction LLC SMRconstruction Inc TexCrete Paving 2310 Lapstey Street 411 Indbskrial Drive, Ste 109 1 721 W. Pleasant Run Dallas,TX 75212 Richardson, 75081 Desoto, TX 75115 Vescorp Construction LLC Texas Rebar Placers Inc 4422 S. Peachtree Road 1719 P s Road, Ste 516 Balch Springs, TX 75180 Irving, TX'IS061 -^c -s•- �^ - ---"T^ — t-�- 1 41 ft ' ,� L __ L. � - `` _x - max, -� .`� 4 f � � b� �'W' 7-!•,"i'1•. - c yr, it � V .• � �c�..Z,�� �S _l ,�`r f --✓ 4>Q. '. 1v 1111II111 +� •k `a `Er h rl r i ��.`{.� �1 -t + �•,y-p � m � �oeW SF +1,a'y 4.3 i�v 7 a r n"Sp`�cx _.�_ .rx..:= -•� x ������0. -r: l�W��:JiL�`Ir1MY, q�,� h,'Fq o •L' �-�. a u Ab�, ,j Ily;eq� i l�` ``r� 4 '�11 M �. � �t►� b G '� �1law �:, � ( f�1i � J i o d fit Y b ►. - a s a r- `t �v- ;f. 'fa�.p i '°�'� 7 s.S f 'a•,. r .'-:,,'t Wt 5 PAW Wx#�3"d Z '�I.7yl3 y, r f f"'t`'��.kr As t'•+ ti �• w a,-:.ti;f wit' F ' r ' 1Y10)11 Z*9pI - sV7 � y� g V . kilo- •.c- r '4 ,�t:.t.4r.,,� F.2 ,��K,�'�. � ,�;� tix � ���� � ��:� �Y xt « a . -��k,*� �.;ter -� � -r� a•r .i a; s£''" ,'�r" - € �- -> �= '` `� 4.x,4- "Ap�► 1��ttb glib.x�J/QUB.��-. ddb[i� 4� �'��SI�� d`$ d�] `S � � Q � � ' Q Ga3c�a6 Gbpolili�ua,'Ire` J t(��My�� ft s � -' k" �• ° -r°-�'�""��"�U�y��� � old iriY (. ,�. ,� .k, �3' �_. ,s� •;'ry,_'` d�'4' Qar •.S^,.. r£`i , ?rte'., * +- xx *' - ,u.kV, a�.��xLff����Lr�" 4 CJJ, A Y tom. *L ^ '3777,e r t � .[ %i > �x' r�.� arii �r�.�`�rc�10� ►srr�r si � � uo ll a `!� � -oz rs:t ��V 'ro►�-�� _-� rsB ft ,J o�kns+ nI s �t__ � n o �_� '4 F:I..._ ¢�`-- ? - I ,r..*�-��w�L1��A���/n'x�be/►�t � �Nl -.£+�d� L� i ' .� � �a �.•"� r- � � �;rg ❑ C7 � _, Noo gat�N�t�ai����i s'���.'st f '' ] Nss� � QI ItNQ�d� b►SIHi _ } `��d [Fpfoo.d I Qg J tZ�l�T QfT10� bb c= xL h TYp t 4 d.oN p-��A�IJ4���NS N,�11V1,.,t� `�N�J���;�'/��M�.H,�iNt_Q�.L�►I�O��b�l��� .�NO���IH� ,,�3 � f���� 9ioi; t;b��w �a��0���Ifl�ll b�83�`t'J.96:0�bZt(,��r.s�����(�aAp�►�s,���r i��•t�:��w��u��,�ci�n� ®C��1���C1� � iii< f 77 Oil i`, Mi� Y4 GENERAL CONDITIONS DIVISION 00 Page 54 of 1067 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer,Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 GENERAL CONDITIONS DIVISION 00 Page 55 of 1067 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 56 of 1067 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 57 of 1067 GR-0160 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012 GENERAL CONDITIONS DIVISION 00 Page 58 of 1067 CITY OF FORT WORTH Bid Documents Package Folder Contents Checklist Item Item PART 4- COMMENTS No. PART 2- INCLUDED PART 3- N/A & INITIALS 00 11 13—Invitation to 1 Bidders.doc INCLUDED 004100 0043 1300 42 43_004337—00 45 2 12_003513 id INCLUDED Proposal Workbook.xls 3 00 45 11_Bidders Prequalifications.doc 00 45 13 Bidders 4 Qualification Application.xIs 004526 Contractor 5 Compliance with INCLUDED Workers Compensation Law.doc Complete Specifications and Contract Document in pdf form 6 (Referenced INCLUDED Specifications in Construction Specifications Folder) Complete Plan Set in pdf Plans will be provided 7 form NIA with each Work Order Task via email or hand delivery, Link to dwf sheets in Plans will be provided 8 Final Drawings Folder NIA with each Work Order Task via email or hand delivery. 9 Plan Holder Registration 10 Plan Holder List (In Plan Holders Folder) 11 Initializing of Section Not sure what this is? 01 31 13 12 This Document INCLUDED CITY OF FORT WORTH CITYWIDE STORM DRAIN IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.: 100092 Revised December 20,2012