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Contract 48248
CITY SECRETARY D.O.E. FILE CITY SECRETARYG/�Z� CONTRACT 0,RIS nr)� CONTRACT NO. --_ CONSTRucTION'S C- FORTWORTH CLIENT DEPARimr.0,` PROJECT MANUAL FOR ��Q 30 , THE CONSTRUCTION OF BRIDGE REHABILITATION AT NINETEEN LOCATIONS (2016-2) City Project No. 100363 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 2016 OF roS r • "0%. 0 0It off IM•i`.• 1.NUS• f� .i 88825 . I �•ti • i {,V r�[1CV`�L CN901Ill 0 U'r. OV148 l K1 C a,1888 a CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-90265 Gibson&Associates, Inc. Balch Springs,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/26/2016 being filed. City of Fort Worth Date Acknowledg d: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2016-2 Bridge Repair and Rehabilitation at Nineteen Locations Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Gibson,William J. Balch Springs,TX United States X Gibson,William E. Balch Springs,TX United States X Meador,Alan C. Balch Springs,TX United States X Welch,John N. Balch Springs,TX United States X Blackburn, Patricia L. Balch Springs,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. PAM N.DAVIS O�4rRY PV6' s_NOTARY PUBLIC-STATE OF TEXAS i^ P COMM.EXP.03-30-2017 d� OF���` NOTARY ID 283117-2 "0 NOTARY Signature of authorized a e t of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE f Sworn to and subscribed before me,by the said ccY�,^se�� •%��� �!� this the 2 day of J i�f 20_,L�,_,to certify which,witness my hand and seal of office. �r p -y- - _aw_t_d ?o:Ar— El'• Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA R� ' TIVORTH COUNCIL ACTION: Approved on 8/30/2016 REFERENCE ** 20BRIDGE DATE: 8/30/2016 NO.: C-27888 LOG NAME: REHABILITATION 2016-2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Gibson &Associates, Inc., in the Amount of $634,907.50 for Bridge Rehabilitation at Nineteen Locations and Provide for Project Costs and Contingencies for a Total Project Amount of$709,907.50 (COUNCIL DISTRICTS 2, 3, 4, 5, 7, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Gibson & Associates, Inc., in the amount of$634,907.50 for Bridge Rehabilitation 2016-2 at nineteen locations. DISCUSSION: This contract provides for the repair and rehabilitation of nineteen bridges listed on the attachment provided (City Project No. 100363). Description Amount Design $0.00 Construction $634,907.50 Project Management/Inspection/Contingencies, Etc. $75,000.00 Total Project Budget $709,907.50 Funding for this project is included in the Fiscal Year 2016 General Capital Projects Fund. Construction for this project is expected to start approximately October 2016 and to be completed by approximately April 2017. Upon completion of the project there will be no anticipated impact on the general fund operating budget. This project was advertised for bid on June 2, 2016 and June 9, 2016 in the Fort Worth Star- Telegram. On June 30, 2016, the following bids were received: Bidders Amount Gibson &Associates, Inc. $634,907.50 North Rock Construction $667,465.00 Iowa Bridge & Culvert, LC $759,455.00 Structural Assurance LLC $1,073,860.00 M/WBE Office- Gibson &Associates, Inc., is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation. The City's MBE goal on this project is six percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project is located in COUNCIL DISTRICTS 2, 3, 4, 5, 7, 8 and 9, Mapsco 5L, 36Q, 36S, 62M, 67W, 73M, 74E, 74T, 75A, 76G, 76K, 77D, 77W, 79P, 79X, 79Y, 88H, 90R and 105R. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the General Capital Projects Fund. M&C Review Description Existing Additional Proposed Appropriation Appropriations per Appropriations this M&C Bridge Rehabilitation 2016- $709,907.50 $0.00 $709,907.50 2 Fund 30101 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 30100 0200431 5740010 100363 002680 2016 $634,907.50 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Tariqul Islam (2486) ATTACHMENTS Form 1295 Gibson.pdf Locations List Gibson.pdf Map Bridge Rehab 2016-2.pdf 000515-1 ADDENDA Page 1 of 1 1 SECTION 00 0515 2 ADDENDA No. 1 3 4 5 The Contract and documents for this project are hereby revised or amended to clarify the followings: 6 7 1. Remove SECTION 00 4100—BID FORM and replace with attached revised SECTION 8 00 4100—BID FORM and 9 2. Remove SECTION 00 43 13—BID BOND and replace with attached revised SECTION 10 00 43 13—BID BOND 11 12 13 Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of 14 bidding.Failure to return a signed copy of this addendum may be grounds for rendering the bid as 15 nonresponsive. 16 17 Receipt Acl nowled'gges:18 / 19 By: By: 20 Tariqu slam 21 Project Manager 22 23 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised July 1,2011 00 00 00-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 Division 00- General Conditions 4 00 05 10 Mayor and Council Communication 5 00 05 15 Addenda 6 00 11 13 Invitation to Bidders 7 0021 13 Instructions to Bidders 8 00 35 13 Conflict of Interest Affidavit 9 00 41 00 Bid Form 10 00 42 43 Proposal Form Unit Price 11 0043 13 Bid Bond 12 00 43 37 Vendor Compliance to State Law Nonresident Bidder 13 00 45 26 Contractor Compliance with Workers'Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 0061 13 Performance Bond 17 0061 14 Payment Bond 18 0061 19 Maintenance Bond 19 00 61 25 Certificate of Insurance 20 00 72 00 General Conditions 21 007300 Supplementary Conditions 22 23 Division 01- General Requirements 24 01 11 00 Summary of Work 25 01 25 00 Substitution Procedures 26 01 31 19 Preconstruction Meeting 27 01 31 20 Project Meetings 28 01 32 16 Construction Progress Schedule 29 01 32 33 Preconstruction Video 30 013300 Submittals 31 013513 Special Project Procedures 32 014523 Testing and Inspection Services 33 01 50 00 Temporary Facilities and Controls 34 015526 Street Use Permit and Modifications to Traffic Control 35 0157 13 Storm Water Pollution Prevention Plan 36 0158 13 Temporary Project Signage 37 01 60 00 Product Requirement 38 01 70 00 Mobilization and Remobilization 39 017423 Cleaning 40 017719 Closeout Requirements 41 017839 Project Record Documents 42 43 Division 34-Transportation 44 3471 13 Traffic Control 45 46 Special (TxDOT)* 47 TxDOT Excavation(Roadway)—Spec 110-6001 48 TxDOT Railroad Coordination—Spec 110-2001 49 TxDOT Remove Concrete(App Slab)—Spec 104-6027 CITY OF FORT WORTH BRIDGE REHABHdTATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 TxDOT Remove Concrete Pavement—Spec 104-6001 2 TxDOT Remove Concrete Sidewalk—Spec 104-6015 3 TxDOT Plane Asphalt Concrete Pavement(0-1/2")—Spec 354-6013 4 TxDOT Concrete Pavement(13")—Spec 360-6007 5 TxDOT Flowable Backfill—Spec 401-6001 6 TxDOT CL C Concrete Abutment—Spec 420-6013 7 TxDOT Approach Slab—Spec 420-6015 8 TxDOT CL C Concrete Wingwalls—Spec 420-6057 9 TxDOT Cl S Concrete Sidewalk(Bridge Sdwlk)—Spec 422-6013 10 TxDOT Concrete Structural Repair(Partial Depth Deck Repair)—Spec 429-6004 11 TxDOT Concrete Structure Repair(Vertical or Overhead)—Spec 429-6007 12 TxDOT Concrete Structure Repair(Standard)—Spec 429-6009 13 TxDOT Riprap(Stone Protection) (18 IN)—Spec 432-6033 14 TxDOT Riprap Concrete(5 IN)—Spec 432-6002 15 TxDOT Special Rail-Spec 450-6047 16 TxDOT Header Type Expansion Joint-Spec 454-6007 17 TxDOT Armor Joint—Spec 454-6003 18 TxDOT Clean Exist Culvert—Spec 480-6001 19 TxDOT Concrete Crack Repair(Discrete)(Inject)—Spec 780-6002 20 TxDOT Multiple Layer Epoxy Concrete Overlay—Spec SS7097 21 22 *TxDOT Standard Specifications for Construction and Maintenance of Highways,Streets and 23 Bridges 2014 adopted by the Texas Department of Transportation are included for this Project by 24 reference and can viewed/downloaded from Project Folder at City's Buzzsaw site at: 25 26 http://www.fortworthgov.org/purchasing/ 27 28 Appendix 29 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance 30 GC-6.07 Wage Rates 31 AP-1 Bridge Locations,Quantity Summaries,Plans and Details 32 33 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 9,2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of BRIDGE REHABILITATION AT NINETEEN LOCATIONS 5 (2016-2), City Project No. 100363 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth,Texas 76102 11 until 1:30 P.M. CST,Thursday,June 30, 2016, and bids will be opened publicly and read aloud at 12 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: 16 17 Project consists of bridge repair and rehabilitation construction. 18 19 285 S.F. Concrete Structural Repair(Vertical or Overhead) 20 95 C.Y. Concrete Approach Slab 21 220 C.Y. Riprap Stone Protection 22 211 C.Y. Flowable Backfill 23 1,397 S.Y. Multiple Layer Epoxy Concrete Overlay 24 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at http://www.fortworth og vorg/purchasing/and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 29 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 30 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 31 Parties Form 1295 and the form must be submitted to the Project Manager before the 32 contract will be presented to the City Council. The form can be obtained at 33 https://www.ethics.state.tx.us/tec/1295-Info.htm 34 35 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 36 392-8363. City of Fort Worth,TPW, 1000 Throckmorton St.,Fort Worth,TX 76102. 37 38 The cost of Bidding and Contract Documents is: $30.00 39 40 PREBID CONFERENCE 41 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 42 BIDDERS at the following location, date, and time: 43 DATE: Wednesday,June 15,2016 44 TIME: 9.00 A.M. 45 PLACE: Transportation and Public Works,Street Services, 5001 James Avenue, Suite#: 46 201,Fort Worth,Texas 76115 47 48 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 49 City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised July 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 2 INQUIRIES 3 All inquiries relative to this procurement should be addressed to the following: 4 Attn: Tariqul Islam,City of Fort Worth 5 Email: tariqul.islam@fortworthTexas.gov 6 Phone: 817-392-2486 7 AND/OR 8 Attn: Hyunsik Moon,Freese and Nichols 9 Email: hm@freese.com 10 Phone: 817-735-7367 11 12 ADVERTISEMENT DATES 13 June 2, 2016 14 June 9, 2016 15 16 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership,company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person,firm,partnership,company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 33 34 3.1.All Biddem a-ad their-subeefitr-aetar-s are required to be pr-equaliAed fef the work types 35 36 37 . 38 39 , 40 ,the doeumentatien identified in Seetion 00 41 4 5 11,131PPERS PREQUIA TIONS. 42 43 3.2.1. 44 . 45 46 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The 94y reserves the fight to r-equi alif4ed eentfaetar-who is the appar-ent lew 2 bidder/s\f.,r., r 'eet to M-4 sue--h ud.t;r;.,,,.,t ;,,f,,,.,v,.,tion as the C;ty, its s01 ee 3 diser-'etienma, regttire, . 1,P3ding but not limited to manpower- eq�nentt fecviuS; 4 , 5 to assist the City in evalu4ing and assessing the ability of the appar-ent lew bidder-(S) to 6 7 the stipulated tifne 4ame.Based upen the City's 8 , a r-eeemmendation regarding the award ef a eefltr-aet will be Made to the 9 ,may be gr-ounds 10 11 notif ed writing of, o ,t „ 4 t.,the City n ,.;t z 12 13 3.4. , 14 within vafiaus eetions of the C,,,,tfaet r,,,,.ument- 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including "technical data" referred to in 22 Paragraph 4.2.below). No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. 34 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site(except Underground Facilities)that 37 have been identified in the Contract Documents as containing reliable "technical 38 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 39 at the Site that have been identified in the Contract Documents as containing 40 reliable "technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish. All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents. No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto, shall be 49 binding upon the City. 50 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.7. Perform independent research,investigations,tests,borings, and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations,tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations, investigations,tests and studies. 8 9 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 10 cost of doing the Work,time required for its completion, and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their 12 own estimates,investigation,research,tests,explorations, and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required. Claims 16 for additional compensation due to variations between conditions actually 17 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. 19 20 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or omission in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings, if any, on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 36 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data" contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any"technical data" or 44 any other data,interpretations, opinions or information. 45 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods,techniques, sequences or 5 procedures of construction(if any) that may be shown or indicated or expressly required 6 by the Contract Documents, (iii)that Bidder has given City written notice of all 7 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6., and(iv) that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 15 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. 18 19 5. Availability of Lands for Work,Etc. 20 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities, construction equipment or storage of 25 materials and equipment to be incorporated in the Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements, and/or permits to be acquired by the City are listed 31 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements, and/or permits, and shall submit a schedule to the City of how 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not be responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 1000 Throckmorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation and Public Works 15 Fax: 817-392-7969 16 Email: tariqul.islam@fortworthtexas.gov,,Phone: 817-392-2486 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>. 23 24 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 26 Project. Bidders are encouraged to attend and participate in the conference. City will 27 transmit to all prospective Bidders of record such Addenda as City considers necessary 28 in response to questions arising at the conference. Oral statements may not be relied 29 upon and will not be binding or legally effective. 30 31 7. Bid Security 32 33 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 34 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 35 the requirements of Paragraphs 5.01 of the General Conditions. 36 37 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 40 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 41 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 42 other Bidders whom City believes to have a reasonable chance of receiving the award 43 will be retained by City until final contract execution. 44 45 8. Contract Times 46 The number of days within which, or the dates by which,Milestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- b equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 0125 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts.A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate. The Forms including documentation must be received 23 by the City no later than 5:00 P.M. CST,five(5) City business days after the bid 24 opening date. The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required. All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner, whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title, the name and address of Bidder, and 32 accompanied by the Bid security and other required documents. If the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal must be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids.After all Bids not requested for withdrawal are 43 opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may, at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates (if any) will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance,and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised November 27,2012 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 F-1 CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 By: 28 Company (Please Print) 29 30 Signature: 31 Address 32 33 Title: 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised March 27,2012 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 © CIQ Form is on file with City Secretary 16 17 0 CIQ Form is being provided to the City Secretary 18 19 F-1 CIS Form is on File with City Secretary 20 21 0 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 _Gibson&Associates,Inc. By:_Alan C. Meador,III 28 Company (Please Print) 29 z 30 11240 R liecrest Signature: �� L/;/ 31 Address 32 33 Balch Springs,TX 75180 Title: Vice President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised March 27,2012 004100 BID FORM Pagel of3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: BRIDGE REHABILITATION AT NINETEEN LOCATIONS(2016-2) City Project No.: 100363 Units/Sections: BRIDGE REHABILITATION 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.I. In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATIQN DOCMENTS Form Revised 20110627 Copy of 00_41_00_00_42_43_00_43_13_00_43_37_Revised2_Bid_Form-Proposal-Bond_Vendor Compliance(1) 00 41 00 BID FORM Page 2 of 3 3. Prequalificatim The Bidder acknowledges that the following work types must be performed only by prequalified oontractors and subcontractors� a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form b. Required Bid Bond,Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form Section d. Vendor Compliance to State Law Non Resident Bidder,Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Stateffient,Seetion 00 45 1-2 g. Conflict of Interest Affidavit,Section 00 35 13 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please enter the total bid amount for this project.Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid $634,907.50 7. Bid Submittal This Bid is submitted on 30-Jun-16 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCMENTS Form Revised 20110627 Copy OF00_41_00_00_42_43_00_43_13_00_43_37_Revised2_Bid_Form-Proposal-Bond—Vendor—Compliance(l) 00 41 00 BID FORM Page 3 of 3 Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: /Jh (Signature) Addendum No.2: Addendum No.3: Alan C.Meador,III Addendum No.4: (Printed Name) Title: Vice President Company: Gibson&Associates,Inc. Corporate Seal: Address: 11210 Ryliecrest Balch Springs,TX 75180 State of Incorporation: Texas Email: treym(a)-gibsonassoc.net Phone: 972 557-1199 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00_41_00_00 42_43_00_43_l3_00_43_37_Revised2 Bid_Form-Proposal-Bond_Vendor Compliance(1) SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification TxDOT Unit of Bid Item Description Section No. Item No. Measure Quantity Unit Price Bid Value No. I PORTABLE MESSAGE SIGN 3471 13 WK 6.0 $500.00 $3,000.00 2 RAILROAD COORDINATION 013513 ISY 1.0 $14,700.00 $14,700.00 3 REMOVE CONC(PAV) 104-6001 44.0 $170.00 $7,480.00 4 REMOVE CONC(SIDEWALK) 104-6015 10.0 $50.00 $500.00 5 REMOVE CONC(APPR SLAB) 104-6027 SY 214.0 $170.00 $36,380.00 6 EXCAVATION(ROADWAY) 110-6001 CY 204.0 $75.00 $15,300.00 7 PLAN&TEXT CONC PAV(0"TO 1/2") 354-6013 SY 1397.0 $30.50 $42,608.50 8 CONC PVMT(CONT REINF-CRCP)(13") 360-6007 SY 93.0 $190.00 $17,670.00 9 FLOWABLE BACKFILL 401-6001 CY 211.0 $185.00 $39,035.00 10 CL C CONC(ABUT) 420-6013 CY 4.0 $2,300.00 $9,200.00 11 APPROACH SLAB 420-6015 CY 95.0 $700.00 $66,500.00 12 CL C CONC(WINGWALLS) 420-6057 CY 1.0 $5,000.00 $5,000.00 13 BRIDGE SIDEWALK 422-6013 SF 165.0 $15.00 $2,475.00 14 CONC STR REPAIR(RAPID DECK REP)(PRT DPT) 429-6004 SF 126.0 $160.00 $20,160.00 15 CNC STR REP(VERTICAL OR OVERHEAD) 429-6007 SF 285.0 $180.00 $51,300.00 16 CNC STR REP(STANDARD) 429-6009 SF 54.0 $150.00 $8,100.00 17 RIPRAP(CONC)(5 IN) 432-6002 CY 12.0 $1,500.00 $18,000.00 18 RIPRAP(STONE PROTECTION)(18 IN) 432-6033 CY 220.0 $227.00 $49,940.00 19 CLEAN EXIST CULVERT 480-6001 EA 5.0 $4,000.00 $20,000.00 20 SPECIAL RAIL(RIVERSIDE DR) 450-6047 LF 15.0 $900.00 $13,500.00 21 SPECIAL RAIL(BERRY ST) 450-6047 LF 17.0 $350.00 $5,950.00 22 ARMOR JOINT WITH SEAL 454-6003 LF 110.0 $82.50 $9,075.00 23 HEADER TYPE SPECIAL JOINT(RAMP TO UNIVERSITY) 454-6007 LF 363.0 $165.00 $59,895.00 24 CNC CRCK REPAIR(DISCRETE)(INJECT) 780-6002 LF 167.0 $75.00 $12,525.00 25 MULTIPLE-LAYER EPDXY CONCRETE OVERLAY SS7097 SY 1397.0 $62.00 $86,614.00 26 BRIDGE CONSTRUCTION ALLOWANCE EA 1.0 $20,000.00 $20,000.00 TOTAL BID $634,907.50 0043 13 BID BOND Page I of 1 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Gibson &Associates, Inc. hereinafter called the Principal,and(Surety Name) Federal Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas,hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligoe, in the sum of Five Percent of the Greatest Amount Bid-------------------------------------------- and No/100 Dollars ($ 5% GAB ), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS,• the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as BRIDGE REHABILITATION AT NINETEEN LOCATIONS(2016-2) NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void.If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal,this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 27th day of June ,2016. By: Gibson &Associates, Inc i By G,&!-ZZ eS���Pk 7/ (Signature and Title of Principal) *By: Federal Insurance Company � `7vt�6��< Robbi Morales (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Reviud 20110627 00_41_00 00_42_43_00_43_13_00-43_37_Ravked2 Bid_Form-Pmposai-Bond_Vendor_CompUnnce(I).xk Chubb 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 Don E, Cornell, Sophinie Hunter, V. DeLene Marshall, Robbi Morales, Ricardo J. Reyna and Kelly A. Westbrook of Dallas, Texas ---------------------------------------------------------------_------------------------------------- -- each as their true and lawful Attomey-in-Fact to execute under such designation in their names and to affix their corporate seats 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 or obligations. In Witness Whereof,said FEDERAL INSURANCE COM&ANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 7 day of July, 2015. 0 . dotards,Assistant Secretary .Norris,Jr.,Vice Pr ' ent 0 (0 (0 STATE OF NEW JERSEY ss. County of Somerset On this 7th day of July, 2015 before me, a Notary Public of New Jersey,personally came David J. Edwards,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 David J.Edwards,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 Attomey is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By-Laws and in depo nt's presence. Notarial Seal KATHERINE J. NEW AAR QLawSDERAL NOTARY PUBLIC OF NEW JERSEY No.2318885 Cotnmission Expires July 18,2018 Notary Public CERTIFICATION Extract from the INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: -Except as otherwise provided in these By-Laws or by law or as otherwise directed by the Board of Directors,the President or any Vice President shall be authorized to execute and deliver,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other instruments,either for the Corporation's own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute and deliver, in the name and on behalf of the Corporation, agreements, bonds,contracts, deeds, mortgages, and other instruments, either for the Corporation's own account or in a fiduciary or other capacity,and,If appropriate,to affix the seat of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or confined to specific instances.' I,David J.Edwards,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companies') do hereby certify that (i) the foregoing extract of the By-Laws of the Companies is true and correct, () the 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 the U.S.Virgin Islands,and Federal is licensed in Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attomey is true,correct and in full force and effect. Given under my hand and seats of said Companies at Warren,NJ this J u n 27, 2016 David J.Edwards,Assistant 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 906 903-3493 Fax 908 903-3656 e-mail: surety@dwbb.com Form 15.10-02258-U GEN CONSENT(rev.07-15) Policyholder Information !Notice IMPORTANT IVOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6ti o para someter unit queja: You-may call C:hubb's colt-free telephone number Usted puede hamar-al nt1mero de tel6fono gratis for information or to mak-ea complaint at de Chubb's para iffornmci6n o parts someter Una queja al 1-800-36-CHUBS 7-800-36-CHUBB You may contact the 'Texas Departnlent of Puede comunicarse con el Departamento de Insurance to obtain iuforinadon On companies, Seguros de Texas para obtener informaci6nacerca coverages, rights or complaints ai de compatifas, coberturas, derechos o quejos al 1-900-252-3439 1-800-262;,3439 You may write d)e Texas Department ol•Insurance Puede escribir ,it Departamento de Seguros de Texas P.O. Box 149104 F.O. Box 149104 Austin. TX -13714-9104 Austin, TX 7$714-9104 RAX # (5[2) 475-1771 FAY # (512) 4.75-1771 Web: http://tvww.tdi.rtttte..mLis Web: httpJ/wwt v.tdi.state.ix,us E-mail: E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS$08REPRIMA S 0 RE'CLAMCS. Should 1'«u llitve it ditil)Llte CO11CCilling yUti!•pi-eii7iuii3 Si tiene una disputa concerniente a*su prinia n a un or about ;t claim you should Contact the anent Bost. recltamo, debe contunicarse con el agente primero., Lf the dispute is not resolved, yoti may contact the Si no se resueve la disputa, pLtedC entonce;s Texas Deparlment of Tnsurance. comunirnrse con of deparramento(TDI). ATTACH THIS NOTICE TO YOUR POLICY,- UNA ESTE AWSO A SU POL.IZA: This notice is for information only and does not Este aviso es solo para prop6sito de informaci6n y becorne a part or condition of the attached no seconAette en parte o eondici6n del documento dot umeltt. adjuttto. 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 our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of ,our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. V BIDDER: Company Gibson&Associates,Inc. By: Alan C. Meador,III Address: 11210 Ryliecrest 10OX 6-.4iA 0 (Signature) Balch Springs,TX 75180 Title: Vice President Date: —-3 — t to END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of00_41_00_00_42_43_00_43_13_00_43_37_Revised_Bid Form-Proposal-Bond_Vendor_Compliance(1).xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. GGO1-539590-0202003 Contractor further certifies that,pursuant to Texas Labor 6 Code, Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 ,�pp --// 11 5-0 Ji i. d rro�lQtr 14.5 1-14-ve By: /Q at ( - rit-eq Wd 12 Company (Please Print) 13 14 111Z14 a ficct est Signature: L 15 Address 16 17l�� Sp/t S , TY -7•t/Y U Title: !/G�� /"�',�S«P•P� y` 18 City/State/Zips— (Please Print) 19 20 21 THE STATE OF TEXAS § 22 /::)q lla 23 COUNTY OF SVT § 24 25 BEFORE ME, the undersigned authority,on this day personally appeared 26 A4, 0, eze --A,-, err- ,known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of //ic,e for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this—/4 {k day of 32 ,S'��f e.—�vi ,20/4-. 33 34 35 L"114111, PAM N.DAVIS n ?a.- - YI- t�QW 36 NOTARY PUBLIC-STATE OF TEXAS - COMM.EXP.03-30-2017 Notary Public in and for the State of Texas 37 NOTARY ID 283117-2 38 END OF SECTION 39 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 6% of the total bid value of the contract(Base bid applies to Parks 14 and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 30 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 31 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 32 time allocated. A faxed and/or emailed copy Nvill_not be accepted, 33 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than stated goal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 34 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The NIMBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH BRIDGE REHABILITATION(2016-2) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100363 Revised June 9,2015 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on August 30, 2016 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Gibson & Associates, Inc., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Conti-actor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Bridt;a Rehabilitation at Nineteen Locations(2016-2) 16 City Project Number 100363 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 180 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding,the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Eiity Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of SIXHUNDRED THIRTY-FOUR THOUSAND NINE 38 HUNDRED SEVENAND 50/100 DOLLARS ($634,907.50). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTH Bridge Rehabilitatior12016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damal4es beim 81 sought were caused,in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or -92 - proven thatallor some of the damages being sought were caused,in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Bridge Rehahilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number•100363 Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Contractor: City of Fort Worth cH So.c •� �S5-0c;a-A'1 i C- By: .lay Chapa By: L, Assistant City Manager (Signature) 46 Date 4(a A i, zzi-1 Attest: (Printed Name) City Secretary (Seal) Title: ,, 0 g� Address: /1.Le.3 �� l,(i ceexf n °;D M&C Date: b°° �_ 3o-t6 °_ 0 ��z�n� °rte° City/State/Zip: 134115,���•�j S ,%(' 7�!!� Approved as to Form and Legality: Date Douglas W.Black Assistant City Attorney 128 129 130 APOVAL RECOMMENomDED: 131 13 133 3 I ; 1 (� C ✓ 134 Douglas W' rsig, P.E. 135 DIRECT 136 Department of Transportation &Public Works 137 OFFICIAL RECORD CITY'SECRETARY' FT.WORTH)TX CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised August 17,2012 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. 8244-32-81 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, GIBSON&ASSOCL4TES,INC.,known as"Principal"herein and 8 Federal Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas,known as"Surety"herein (whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created I i pursuant to the laws of Texas,known as"City"herein, in the penal sum of,SIX HUNDRED 12 THIRTY-FOUR THOUSAND NINE HUNDRED SEVENAND 501100 Dollars ($634,907.50), 13 lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the 14 payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, 15 administrators, successors and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 30`h day of August,2016 which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 19 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 20 as provided for in said Contract designated as Bridge Rehabilitation at Nineteen Locations 21 2016-z 22 City Project Number 100363,_ 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall 24 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 25 perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 33 Texas Government Code, as amended, and all liabilities on this bond shall be detennined in 34 accordance with the provisions of said statue. 35 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 36 this instrument by duly authorized agents and officers on this 30th day of August,2016. CITY OF PORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 PRINCIPAL: 2 Gibson &Associates Inc. 3 4 5 BY: G 6 Signature 7 ATTE T: 8 9 /��4�s �• oe pa cdo%�r 10 (Principal)SecretLV Name and Title ll 12 Address: P. O. Box 800529 13 Balch Springs, TX 75180 14 15 (�a►.. ��l.Ga 16 Witness as to Principal 17 SURETY: 18 Federal Insurance Company 19 20BY: ,�'•�Nt� � �� f 21 22 Signature 23 24 Robbi Morales Attorney-in-fact 25 _ Name and Title 26 27 Address: 2711 N. Haskell Ave., Suite 800 28 Dallas, TX 75204 29 30 31 Witnes as to Surety Telephone Number: 214(989-0000 32 33 34 35 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety's physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 Bridge Rehabilitation 2016-2 CITY Or PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Nanrber/00363 Revised July 1,2011 0061 14-1 PAYMENTBOND Page I of 2 i SECTION 00 6114 Bond No. 8244-32-81 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, GIBSON & ASSOCIATES, INC., known as "Principal" herein, and 8 Federal Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 1 I corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of SIX HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED SEVENAND 13 501100 Dollars ($634,907.50), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County,Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 301h day of August,2016,which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Bridge Rehabilitation at Nineteen Locations (2016-2); 22 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projec!Number 100363 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 30th day of August,2016. 3 PRINCIPAL: Gibson & Associates, Inc. ATTEST: BY: C Signature JLck 0- Yke4,D1 1, ZZ7 (Principal) Secretary Name and Title Address: P. O. Box 800529 Balch Springs, TX 75180 Witness as to Principal SURETY: Federal Insurance Company ATTEST: BY: 7/1 ei:� Signature Robbi Morales Attorney-in-fact (Sur ) Se etary Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Witn s as to Surety Telephone Number: 214/989-0000 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projeci Number 100363 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 Bond No. 8244-32-81 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we GIBSON&ASSOCIATES,INC.,known as"Principal"herein and 9 Federal Insurance Company ' a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as"Surety"herein(whether one I 1 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City"herein, in the sum of SIX 13 HUNDRED THIRTY-FOUR THOUSAND NINE HUNDRED SEVENAND 5 0/10 0 Dollars 14 ($634,907.50), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas,for payment of which sum well and truly be made unto the City and its successors,we 16 bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 30"'day of August,2016 which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Bridge Rehabilitation at Nineteen Locations (2016-2); and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 I 1 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Bridge Rehabilitation 2016-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100363 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 30eh day of August,2016. 3 4 PRINCIPAL; 5 Gibson &Associates, Inc. 6 7 8 BY: Oda 9 Signature 10 ATTEST 12 13 (Principal)Secreta Name and Title 14 1S Address: P. O. Box 800529 16 Balch Springs TX 75180 17 n 18 �a� �sb�✓-� 19 Witness as to Principal 20 SURETY: 21 Federal Insurance Company 22 23 24 BY: 25 Signature 26 27 Robbi Morales, Attorney-in-fact 28 4,S Name and Title 29 \/30v,} am. Address: 2711 N. Haskell Ave., Suite 800 31 (S ry Dallas TX 75204 32 33 34 Witne s as to Surety Telephone Number: 214/989-0000 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (1) Bridge Rehabilitation 2016-2 CITY OF TORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ciry Aroject Number 100363 Revised July 1,2011 CHUBS` Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Atte: Surety Department 115 Mountain View Road i 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 Don E. Cornell, Sophinie Hunter, V.DeLene Marshall,Tina McEwan,Robbi Morales,Ricardo J.Reyna and Kelly A.Westbrook of Dallas,Texas each as their true and lawful Attorney-in-Pact 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 attest ese presents and affixed their corporate seals on this 27ih day of June,2016, r � Tina M.Ha. ' ,As ' tant ecretary Norris,Jr„Vice Presi STATE OF NEW JERSEY County of Somerset ss On this 27i1 day of June,2016 before me,a Notary Public of New Jersey,personally came Tina M.Hawkins,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 Tina M. Hawkins, being by me duly sworn,did depose and say that she 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 she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with David B.Norris,Jr.,and knows him to be Vire 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 ofsaid By-Laws and in deponent's presence. Notarial Seal KATHERINE J.ADELAAR p4TAR), NOTARY PUBLIC OF NEW JERSEY -�+ No,2316685 PUBL10• ' Commission Expires July 16,2019 Votary Public yds*�s� CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "Except as otherwise provided in these By-Laws or bylaw or as otherwise directed by the Board of Directors,the President or any Vice President shall be authorized to execute and deliver,in the name and on behalf of the Corporation,all agreements,bonds,contracts,deeds,mortgages,and other Instruments,either for the Corporation's own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary.The Board of Directors,the President or any Vice President designated by the Board of Directors may authorize any other officer,employee or agent to execute and deliver,in the name and on behalf of the Corporation,agreements,bonds,contracts,deeds,mortgages,and other instruments,either for the corporation's own account or in a fiduciary or other capacity,and,if appropriate,to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer maybe general or confined to specific instances." I,Tina M.Flawkins,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies')do hereby certify that (i) the foregoing extract orthe By-Laws of the Companies is true and correct, (ii) 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 the U.S.Virgin Islands,and Federal is licensed In Guam,Puerto Rico, and each of the Provinces of Canada except Prince Edward Island;and (fit) 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,W this August 30, 2016 •euw' , Tina M.Hawkins,Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANYOTHF.R MATTER,PLEASE CONTACT US AT THE ADDRESS LISTED ABOVE,OR BY Telephone(908)903-3493 Fax(908)903.3G56 e-mail:curet @chubb.mtn Form 15-10-02258-U GEN CONSENT(rev.05-16) Policyholder Information Notice IMPORTANT NOTICE AWSO IMPORTANTE To obtain h-Lfowiation or tnalce a complaint: Para obtener informacioti o para someter una queja: You-may call Chubb's toll-free telephone number U;sted puede llatnar a1 nt'imero de tel6fono gratis for information or to make a complaint at de Chubb's para inforrnaci6n o parts someter una queja al 1-800-36-CHUBB 7-800-36-CHUBB 't)it may contact the 'Texas Department of puede cotnuniearse con el Departamento cle hisur-ance to obtain irtCormation c)u companies, Segurosde,Texas para oblenerinformaci&acerca coverages, rights or complaints at de compatilfas, coberturas, derechos o quq:jas al 1-800-252-3439 1-800-2523439 You may write d)e Texas Department of Insurance Puede escribir al Departamenta Cie Seguros de Texas RO. Box 149104 4'.O. Box 149104 Austin, TX 7371.1,9104 Austin, TX 73714-9104 P',\X # (5 1.2) 475-1771 FAX# (512) 4.75-1771 Web: hop://wvAv.tcli.stata.tt.LIS Web: http://wm w.tdi.state.tx,us E-mail: F,-mail: ConsutYlerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTAS SOSRE PRIMAS O RECLAMOS: Should YOU have at dispute conceniing your premiwn Si bene una disputa concemiente a*su pritlial 0'a ut) or about a Clain) YOU should cttnivet the agent lust. reciamo, debe comunicarse con el agente primcro. l.r the dispute is not resolved. you rnciy contact the Si no se resueve la disputa, puede. entonccs Texas Department orinsw-ance. comunicarse con el depanamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA: This notice is for information only tinct does not Este aviso es solo para prop6sito de informaci611 y becorne a Dart or condition of the attached no SeconAette en parte o condici6n del d=lmento documem. adjut)to. A CERTIFICATE OF LIABILITY INSURANCE DATE09/6 /20 6YYY) 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 have ADDITIONAL INSURED provisions or 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). tU PRODUCER CONTACT NAME: � Aon Risk Services southwest, Inc. PHONE (214) 989-0000 (214) 989-2530 Dallas TX office (A/C.No.Ext): aC.No.: cityPlace center East E-MAIL 32 2711 North Haskell Avenue ADDRESS: C suite 800 = Dallas TX 75204 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Great American insurance Co. 16691 Gibson & Associates Inc. INSURER B: Hartford Ins c0 Of the Midwest 37478 P. 0. Box 800579 Balch Springs TX 751800579 USA INSURER C: Hartford Underwriters Insurance company 30104 INSURER D: Hartford casualty Insurance CO 29424 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570063636278 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. Limits shown are as requested INSR AUDI SUEIR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYYLIMITS C X COMMERCIAL GENERAL LIABILITY UEAQT EACH OCCURRENCE $1,000,000 CLAIMS-MADE FX D G O 7 $300,000 PREMISES Ea occurrence X Includes XCU MED EXP(Any one person) $10,000 X Includes Contractual Liability PERSONAL&ADV INJURY S1,000,000 CO GENT AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 M POLICY X PRO X LOC �JECT PRODUCTS-COMP/OPAGG $2,000,000 ID OTHER: o 0 B AUTOMOBILE LIABILITY Y Y 46 UEA QT1552 06/30/2016 06/30/2017 COMBINED SINGLE LIMIT $1,000,000 r- Ea accident X ANY AUTO BODILY INJURY(Per person) z OWNED SCHEDULED BODILY INJURY(Per accident) y AUTOS ONLY AUTOS � HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident Comp/Coil Deductible $1,000 A UMBRELLA LIAB X OCCUR Y Y TUE429571601 06/30/2016 06/30/2017 EACH OCCURRENCE $15,000,000 V X EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION D WORKERS COMPENSATION AND Y 46WEAA06829 0-673-0720-16 06 30 2017 PER EMPLOYERS'LIABILITY YIN X STATUTE ETf+ ANY PROPRIETOR I PARTNER I FXECVTIVEa E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMSER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000_F — DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Bridge Rehabilitation at Nineteen Locations 2016-2. The City of Fort worth and Tarrant Regional water District at 800 E. Northside Dr., Fort worth, TX are included as Additional Insured in accordance with the policy provisions of the General yp-1 Liability, Automobile Liability and Excess Liability policies. General Liability policy evidenced herein is Primary and 01 Non-contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A waiver of Subrogation is granted in favor of certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and workers' compensation policies. should Automobile Liability and workers' compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be CERTIFICATE HOLDER CANCELLATION Rf J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth Transportation AUTHORIZED REPRESENTATIVE & Public Works Dept, 1000 Tth Tx 76102 Street eXX iJ?� 9.1 �L Ft Worth TX 76102 USA Q�p eL/,�/ ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 10536335 JZ" ® LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMEDINSURED Aon Risk Services Southwest, Inc. Gibson & Associates Inc. POLICY NUMBER See certificate Number: 570063636278 CARRIER NAIC CODE See certificate Number: 570063636278 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations/Locations/Vehicles: delivered to certificate holders in accordance with the policy provisions. ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ,tc ay it THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional days of the cancellation effective date to the Conditions: certificate holder(s) with mailing addresses on file A. If this policy is cancelled by the Company, other with the agent of record or the Company. than for nonpayment of premium, notice of such If notice is mailed, proof of mailing to the last known cancellation will be provided at least thirty (30) mailing address of the certificate holder(s) on file with days in advance of the cancellation effective date the agent of record or the Company will be sufficient to the certificate holder(s) with mailing addresses proof of notice. on file with the agent of record or the Company. Any notification rights provided by this endorsement B. If this policy is cancelled by the Company for apply only to active certificate holder(s) who were nonpayment of premium, or by the insured, notice issued a certificate of insurance applicable to this of such cancellation will be provided within (10) policy's term. Form IH 03 07 06 11 Page 1 of 1 © 2011,The Hartford STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnumy2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febwmy2,2016 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 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager ............................................................................................................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:Febmary 2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmmry2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmacy2,2016 00 7200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn mcy 2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 Set-vices – 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 SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:R bmacy2,2016 00 72 00-1 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 Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy2,2016 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 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmacy2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmacy2,2016 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 SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 00 72 00-1 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 SPECIFICATION DOCUMENTS Revision:February 2,2016 00 7200-1 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 SPECIFICATION DOCUMENTS Revision:Febmaty2,2016 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 SPECIFICATION DOCUMENTS Revision:Febmary2,2016