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Contract 50675
City Secretary FORTWORTHConstruction p uogownsuoJ Project Manager[] juw=s AID PROJECT MANUAL CITY SECRETARY FOR CONTRACT NO. THE CONSTRUCTION OF CONCRETE RESTORATION (2018-3) AT VARIOUS LOCATIONS City Project No.101288 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 2018 i����•OFep�,�11f * • s � oseoe.•••eeeee•i•i•� �i '; 88823 :00 % • s JONPd-�_ AAR 20 2018 cm'o�xa AfiY ori ,, FORTWORTH, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 0000 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder Bidders Pr-eqaalifieation 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 3216 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 15 Paving Removal Division 31 -Earthwork 31 23 16 Unclassified Excavation Division 32-Exterior Improvements 32 1123 Flexible Base Courses 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1723 Pavement Markings 32 1725 Curb Address Painting 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching,Seeding,and Sodding Division 33—Utilities 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade Division 34-Transportation 3471 13 Traffic Control Division 35—Special(TxDOT) 99 99 00 Special Specification Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Documents GC-6.07 Wage Rates A Street Locations and Quantity,Plans and Details B Standards END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(20111-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101 Z88 Revised November 22,2013 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/612018 DATE: Tuesday, March 6, 2018 REFERENCE NO.: **0-28605 LOG NAME: 2000NCRETE RESTORATION 2018-3 SUBJECT: Authorize Execution of a Contract with FNH Construction LLC, in the Amount of$524,850.00 for Concrete Street Restoration at Three Locations (COUNCIL DISTRICTS 3 and 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with FNH Construction LLC, in the amount of$524,850.00 for Concrete Street Restoration 2018-3 at three locations. DISCUSSION: In the Fiscal Year 2018 Pay-Go Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. The Concrete Restoration 2018-3 contract provides for the repair and reconstruction of failed concrete pavement at Long Rifle Drive, North Ldng Rifle Drive and Sheridan Road (City Project No. 101288). Construction for this project is expected to start approximately March 2018 and to be completed by approximately August 2018. Upon completion of the project there will be no anticipated impact on the general fund operating budget. This project was advertised for bid on November 16, 2017 and November 23, 2017 in the Fort Worth Star- Telegram. On December 21, 2017, the following bids were received: Bidders_____ Amount FNH Construction LLC $524,850.00 Makou Inc. F $545,975.00 Arreguin Group, Inc. $602,322.50 BDD Enterprises $705,840.00 C. Green Scaping, LP $865,875.00 Fort Worth Civil Constructors, LLC $1,048,300.00 M/WBE OFFICE — FNH Construction LLC, is in compliance with the City's BDE Ordinance by committing to 14 percent MBE participation. The City's MBE goal on this project is 14 percent. FNH Construction LLC is a certified M/WBE firm. 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. Lagname: 2000NCRETE RESTORATION 2018-3 Paget car This project is located in COUNCIL DISTRICTS 3 and 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the General Capital Projects fund as previously appropriated. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # mount ID ID Year Chartfield 2 FROM lFundl Department ccoun Project Program ctivity Budget Reference # moun _ ID ID_ Year Chartfield 2 _______; CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Tariqul Islam (2486) ATTACHMENTS 1. FID CR 2018-3.pdf (CFW Internal) 2. Form 1295 FNH Construction.pdf (Public) 3. Map 01 CR 2018-3.pdf (Public) 4. Map 02 CR 2018-3.pdf (Public) 5. MWBE Compliance FNH.pdf (CFW Internal) 6. Sam Search Result FNH Construction.pdf (CFW Internal) Logname: 2000NCRETE RESTORATION 2018-3 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 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. 2018-304656 FNH CONSTRUCTION LLC FARMERS BRANCH,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 01/23/2018 being filed. CITY OF FORT WORTH Date Acknowle ged: 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. 101288 CONCRETE RESTORATION(2018-3)AT VARIOUS LOCATIONS;CITY PROJECT#101288 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary GILLESPIE,CANDACE DALLAS,TX United States X 5 Check only if there is NO Interested Parry. ❑ 6 UNSWORN DECLARATION —tt ! Ci My name is ora&/ A C2( l and my date of birth is I�~ b` III �� My address is v w (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in t'� County, State of — on the�� of _.20A. — (nth) (ye�),. La'-'," Notary JEAN S.JORDAN Public,State of TexasComm.Expires 07-15-2021Notary ID4094492 « Signature of authorized agent f contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 ADDENDUM NO. 1 CONCRETE RESTORATION AT VARIOUS LOCATIONS(2018-3) CITY PROJECT NUMBER: 101288 Prospective Bidders are hereby notified of the following revision: SECTION 00 42 43 PROPOSAL FORM: The Proposal Form shall replace with attached revised Proposal Form. Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of bidding. Failure to return a signed copy of this addendum may be grounds for rendering the bid as nonresponsive. Receipt Acknowledges: 4 By: By: tj TAMQUL ISLAM,PROJECT MANAGER I m 743 BID PR AL PYP MI SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1 0135.0201 Remobilization 01 7000 EA 1 $500.00 $500.00 2 9999.0000 Remove and Replace 6"Concrete Driveway 02 41 13/32 13 20 SF 1,260 3 9999.0000 Remove Concrete and Replace with 7'Concrete Pavement HES 02 41 15/32 13 13 SY 5,800 4 3123.0101 Unclassified Excavation 31 2316 CY 100 5 3211.0122 Flex Base,Type A,GR-2 3211 23 CY 605 6 3213.0208 Concrete HES(extra depth) 32 13 13 CY 50 7 3292.0100 Block Sod Placement 3292 13 SY 500 8 3213.0700 Joint Sealant 32 1373 LF 500 9 3305.0108 Miscellaneous Adjustment(Utilities) 33 05 14 LS 1 $5,000.00 $5,000.00 1 10 9999.0000 Geogrtd Tenser(TRIAX 140-475)or Approved equal 99 99 00 SY 2,750 11 3217.2001 Raised Marker TY W 321723 EA 100 12 3217.2002 Raised Marker TY Y 32 17 23 EA 100 13 3217.2101 REFL Raised Marker TY I-A 32 17 23 EA 20 14 3217.2102 REFL Raised Marker TY I-C 32 1723 EA 20 15 3217.2103 REFL Raised Marker TY 11-A-A 32 17 23 EA 20 16 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 20 17 3441.1301 Loop Detector Cable Sawcut 3441 10 LF 200 18 3441.1302 14 AWG Loop Detect Cable 3441 10 LF 200 19 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 150 20 3217.0001 4"Solid Thermoplastic(HAS)Lane Line 32 17 23 LF 200 i 21 9999.0000 Remove and Replace 4'Sidewalk 02 41 13/32 13 20 SF 200 22 3217.5001 Curb Address Painting 32 17 25 EA 4 23 3217.0501 24"Solid White Thermoplastic(HAE)Crosswalk Lines 32 17 23 LF 100 24 9999.0096 Paving Construction Allowance EA 1 $10,000.00 $10,000.00 Tostl Bld $15,500.00 i C17YOPPORTY RTH STANDARDCO M'ngi SPB�TMDOCLURM Fam rl n"201IM27 004100_0q-4L43_0114]_n_00_U_3P_ BN�veYPrapm4Bmd_veotr 1 i 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of CONCRETE RESTORATION(2018-3)AT VARIOUS 5 LOCATIONS, City Project No. 101288 will be received by the City of Fort Worth Purchasing 6 Office: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday, December 21, 2017,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 18 5,800 S.Y. Remove Concrete and Replace with 7" Concrete Pavement HES 19 2,750 S.Y. Geogrid 20 605 C.Y. Flex Base 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at hqp://www.fortworthgov.orgZpurchasin and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 26 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 27 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 28 Parties Form 1295 and the form must be submitted to the Project Manager before the 29 contract will be presented to the City Council. The form can be obtained at 30 httys://www.ethics.state.tx.us/tec/1295-Info.htm 31 32 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 33 392-8363. City of Fort Worth,TPW,200 Texas St., Fort Worth, TX 76102. 34 35 The cost of Bidding and Contract Documents is: $30.00 36 37 PREBID CONFERENCE 38 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 39 BIDDERS at the following location, date,and time: 40 DATE: Wednesday, December 6,2017 41 TIME: 10.00 A.M. 42 PLACE: Transportation and Public Works, Street Services, 5001 James Avenue, Suite#: 43 201,Fort Worth,Texas 76115 44 45 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 46 City reserves the right to waive irregularities and to accept or reject bids. 47 48 INQUIRIES 49 All inquiries relative to this procurement should be addressed to the following: CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July 1,2011 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Attn: Tariqul Islam, City of Fort Worth 2 Email: tariqul.islam@fortworthTexas.gov 3 Phone: 817-392-2486 4 5 ADVERTISEMENT DATES 6 November 16, 2017 7 November 30, 2017 8 9 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101288 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 33.11. Biddeffs and their-subeentmeter-s are r-o"ifed to be pr-e"a4ified fer-the work types 35 36 37 . 38 39 , 40 ,the deeumentation identified in Seefieff go 41 4 5 11, 42 43 3.2.1. 44 . 45 46 CITY OF FORT WORTH CONCRETE RESTORATION(2 8-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.11288 Revised November 27,2012 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Attn: Tariqul Islam,City of Fort Worth 2 Email: tariqul.islam@fortworthTexas.gov 3 Phone: 817-392-2486 4 5 ADVERTISEMENT DATES 6 November 16, 2017 7 November 30, 2017 8 9 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July 1,2011 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 ,in its sole 3 , 4 , 5 to assist the City in evaluating and assessing the ability of the appamat low biddeF(s)te 6 7 the stipulated 6me fiFame. Based open the City's 8 infeEmadeft, 9 ,ff my be gr-ounds 10 11 12 13 3.4.In addition to pfequelifieatien,additional r-eq&efneats for-qaa4ifieatien may be fequifed 14 ,;t-bin various eetio s of the Gent-aet n,.,.......ents 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 CrrY OF FORT WORTH CONCRETE RESTORATION(2 18-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.1 1288 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 CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 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 i 39 and/or easements. 40 41 6. Interpretations and Addenda 42 CITY OF FORT WORTH CONCRETE RESTORATION(2 18-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.1 1288 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 12 200 Texas 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 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 CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised November 27,2012 0021 13-6 j 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 CONCRETE RESTORATION( 018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01288 Revised November 27,2012 002113-7 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 CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised November 27,2012 002113-8 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 CONCRETE RESTORATION( 018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01288 Revised November 27,2012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised November 27,2012 003513-1 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 hM://www.ethics.state.tx.us/forms/CIO.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 Q CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 FNH Construction,LLC By: Candace Gillespie 28 Company (Please Print) _ 29 30 4099 McEwen Rd.,Ste.600 Signature: 31 Address 32 33 Farmers Branch,TX 75244 Title: President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na 101288 Revised March 27,2012 41 00 BID FORM Pas.I of 3 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 200 Texas Street City of Fort Worth,Texas 76102 FOR: Concrete Restoration(2018-3) I City Project No.: 100631 Units/Sections: CONCRETE PAVING 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bid ing Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1.In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTION 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 Hiles 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 t 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. I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 42_43_00_43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Comphance(Rev) ¢0 4100 B TaDItM e2of3 3�feeB�Ae a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 150 days after the date when the the Contract Time commences to nm 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 Cl 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. g. Confect 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 $524,850.00 7. Bid Submittal This Bid is submitted on 12/20/2017 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 42_43_00 43_13_00 43_37_Bid Form-Proposal-Bond Vendor Compliarlce(Rev) BID�94100 FORM Page 3 of 3 Respectfully sub 'tted, Receipt is acknowledged of the Initial 0A4followin Addenda: By; Addendum No. 1: (Signature) Addendum No.2: Addendum No.3: 4 Candace Gillespie I Addendum No. (Printed Name) Title: President Company: FNH Construction,LLC Corporate Seal: Address:4099 McEwen Rd.,Ste.600 a" } Farmers Branch,TX 75244 State of Incorporation: Texas Email: candaceCcDfnhconstruction.com Phone:469-248-0301 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00 00 42 43_00 43_13_00_43_37_Bid_Form-Proposal-Bond_Vendor_Compharice(Rev) Summary of Comments on FNH Construction_Correction.pdf Page: 2 Number:1 Author:islamt Subject:Sticky Note Date:3/14/2018 11:23:48 AM The correct City Project No.is 101288. Status westje Accepted 3/14/201811:15:51 AM Author:Candace Subject:Sticky Note Date:3/14/201811:23;48 AM FNH acknowledges csg 3.14.1 Status westje Accepted 3/14/2018 11:23:58 AM y l r, i q I i i I 004100 BID FORM Psae 103 SECTION 00 4100 BID FORM The City Manager e%:The Purchasing Department 200 Texas Street City of Fort Worth,Teslas 76102 Conch� ion(2018-3) xt No.: 100631 lions: CONCRETE PAVING Into Agreement rsigned Bidder proposes and agrees,if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding IS to perform and fumish all Work as specified or Indicated in the Contract Documents for the Bid Price and within the Contract Time in this Bid and in accordance with the other terms and conditions of the Contract Documents. ER Acknowledgements and Certification 2.1. In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6.Bidder has not engaged in comipt,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 banning 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. tT WORTH CONSTRUCTION SPECIFICATION DOCUMENTS 20110627 00 41 00 00 42 43_00 43_13 00 43 37 Bid Form-Proposal-Bond_Vendor Compliance(Rev) " 00 42 43 BID PROPOSAL Page I of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1 0135.0201 Remobilization 01 7000 EA 1 $500.00 $500.00 2 9999.0000 Remove and Replace 6"Concrete Driveway 02 41 13/32 13 20 SF 1,260 $10.00 $12,600.00 3 9999.0000 Remove Concrete and Replace with 7"Concrete Pavement HES 02 41 15/32 13 13 SY 5,800 $75.00 $435,000.00 4 3123.0101 Unclassified Excavation 31 2316 CY 100 $30.00 $3,000.00 5 3211.0122 Flex Base,Type A,GR-2 321123 CY 605 $35.00 $21,175.00 6 3213.0208 Concrete HES(extra depth) 32 13 13 CY 50 $150.00 $7,500.00 7 3292.0100 Block Sod Placement 32 92 13 SY 500 $6.00 $3,000.00 8 3213.0700 Joint Sealant 32 13 73 LF 500 $10.00 $5,000.00 9 3305.0108 Miscellaneous Adjustment(Utilities) 330514 LS 1 $5,000.00 $5,000.00 10 9999.0000 Geogrid Tensar(TRIAX 140-475)or Approved equal 99 99 00 SY 2,750 $4.50 $12,375.00 11 3217.2001 Raised Marker TY W 32 17 23 EA 100 $5.00 $500.00 12 3217.2002 Raised Marker TY Y 321723 EA 100 $5.00 $500.00 13 3217.2101 REFL Raised Marker TY I-A 32 17 23 EA 20 $5.00 $100.00 14 3217.2102 REFL Raised Marker TY I-C 32 17 23 EA 20 $5.00 $100.00 15 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 20 $5.00 $100.00 16 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 20 $5.00 $100.00 17 3441.1301 Loop Detector Cable Sawcut 3441 10 LF 200 $12.00 $2,400.00 18 3441.1302 14 AWG Loop Detect Cable 3441 10 LF 200 $2.00 $400.00 19 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 150 $2.00 $300.00 20 3217.0001 4"Solid Thermoplastic(HAS)Lane Line 321723 LF 200 $3.00 $600.00 21 9999.0000 Remove and Replace 4"Sidewalk 02 41 13/32 13 20 SF 200 $8.00 $1,600.00 22 3217.5001 Curb Address Painting 32 17 25 EA 4 $250.00 $1,000.00 23 3217.0501 24"Solid White Thermoplastic(HAE)Crosswalk Lines 32 17 23 LF j 100 j $20.00 $2,000.00 24 9999.0096 Paving Construction Allowance EA 1 $10,000.00 $10,000.00 Toatl Bid $524,850.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS F-Revised 2011 M27 0041 W 42 43_00 43_13_00 43 37 Bid FmmP,opovFBmd_\'edor_Compl-(Re) 0043 13 BID BOND Paget t of I SECTION 00 43 13 BID BOND I KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) FNH Construction.LLC hereinafter called the Principal,and(Surety Name) Hudson Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas,hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obliqee, in the sum of Five Percent of the Amount Bid land No/100 Dollars ($I 5% ), the payment of which sum wnr 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 Concrete Restoration(2018-3) 1 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 21st day of December ,2017, By: FNH Constru ion,LLC Cn ef t L�� �V I �SL maa of Principal) *By-. Hudson Insurance Company � ��:JLGU1 Wg Connie Jean` gel (Signature of Anomey-of--Fact) *Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed Surety Seal Only END OF SECTION Cr FY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 0041 00 00 42 43_00 43 l3 OD_43 37 Bid_Fomr•Pmpou4Bond Vendor_Comptime(0) H U DSON BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE, PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware,with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Jeffrey Todd McIntosh,Connie Jean Kregel of the State of Texas its true and lawful Attorneys)-in-Fact,at New York City in the State of New York,cacti of them atone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attorneys)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. %eoura. n Witness Whereof, HUDSON INSURANCE" COMPANY has caused these presents to be of its Senior Vice President thereunto duly ,►�t n this 11 t day of February 2015 at New York,New York. ;(C ted !) 1� HUDSON INSURANCE.COMPANY Attest...... By........ �....�. .................. Dina Daskalakis,Corporate Secretary Michael P.Gleeson,Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the I Ith day of February 2015 before me personally came Michael P. Gleeson to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the Compa described herein and which executed the above instrument, that he knows the seal of said Company,that the scat affixed to said instrument is the corporate seal of id Compan ,that was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. %%%W1111111/1111 MURPHY•• �� ANN 1..14. ..... ..... ...... ...... (Notarial Sea]) Q@� y,kQN Eyp�•.• ��i� ANN RI'IIY o0t 10 0 9F Notary Public,State of New York O m44,0 2/�cP �r No,01 MU6067553 ;>o = Qualified in Nassau County Commission Expires December I , ���T.••,QUAL � CERTIFICATION COUNTY OF NEW YIORK�j*1111,; I�6 The undersigned Dina Dassrkalakis hereby certifies: THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27"i,2007,and has not since been revoked,amended or modified: "RESOLVED, that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made;and FURTHER RESOVLF..D,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually al'fixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Poiyei•of Altorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said of Attorney is now in force. r 21st: DecemberWitness the hand of the undersigned and the seal of said Company this day of 20 17 �eal)."s f By.. '�*.-1'` Dina D alakis,Corporate Secretary Form[aid 8 2010(v2) 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your Agent at (972) 381-4270. Puede comunicarse con su (title) al (telephone number). 3. You may call Hudson Insurance Company's toll- free telephone number for information or to make a Usted puede Ilamar al numero de telefono gratis de complaint at: Hudson Insurance Company's para informacion o para someter una queja al: 1-800-388-3647 1-800-388-3647 4. You may also write to Hudson Insurance Company at: Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 5th Floor New York, NY 10038 100 William Street, 5th Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, Puede Comunicarse con el Departamento de coverages, rights or complaints at: Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 P. O. Box 149104 Fax: (512) 475-1771 Austin, TX 78714-9104 Web: http://www.tdi.state,tx.us Fax: (512) 475-1771 E-mail: ConsumerProtectionCcOdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a.tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your DISPUTAS SOBRE PRIMAS O RECLAMOS: premium or about a claim you should contact the Si tiene una disputa concerniente a su prima o a un (agent) first. If the dispute is not resolved, you may reclamo, debe comunicarse con el (agente) contact the Texas Department of Insurance. primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not UNA ESTE AVISO A SU POLIZA: Este aviso es become a part or condition of the attached solo para proposito de informacion y no se document. convierte en parte o condicion del documento adjunto. 4337 VENDOR COMPLIANCE TO STA LAW 01ofI 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 State Here or Blank ,our principal place of business, are required to be Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Bla ,our principal place of business, nes 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. BIDDER: Company:FNH Construction,LLC By:Candace Gill ie Address:4099 McEwen Rd.,Ste.600 ukhvk_ 0 (Signature) Farmers Branch,TX 75244 Title:President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00_42 43_00_43_13_00_43_37_Bid_Form-Propoaal-Bond_Vmdor_Cmnpliance(0) 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of I 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s)listed. 6 Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Concrete Paving Not Applicable Not Applicable 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER:13 II 14 FNH Construction,LLC By: C&LA-&-C C—Al 15 Company (Please Print) 16 17 4099 McEwen Rd.Suite 600 Signature: 18 Address -,�- 19 - 20 Farmers Branch,Texas 75244 Title: 21 City/State/Zip (Please Print) 22 23 Date: 4— 9B Zs 24 25 END OF SECTION 26 CITY OF FORT WORTH Concrete Restoration"Q18-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.107288 Revised July 1,2011 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. 101288.Contractor further certifies that, pursuant to Texas Labor Code,Section 6 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 � r 11 FNH Construction,LLC 12 Company (Please Print) 13 14 4099 McEwen Rd,Suite 600 Signature: 15 Address16 17 Farmers Branch,Texas 75244 Title: Pre, 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 �FOREthe un rki$ ed authority, on this day personally appeared 26I LL°�I�► known to me to be the person whose name is 27 subscribed to the fore �trumentq;d ack gwledged to me that he/she executed the same as 28 the act and deed of ,)M% �� L� for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 La&, 31 GIV N UNIT MY HAND ANP SEAL OF OFFICE this day of 32 ,20 33 34 35 � • �cU ��� 36 Notar ublic in and for the State of Te s 37 _ E YJEAN S. JORDAN38 END OF SECTION 4^ Notary Public,State of Texa� Comm. Expires 07-15-202139 ;, `° Notary ID 4094492 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 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 14% of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project,then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REOUIRED 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 re\ponsivt` to the specifications. . 30 deliver the MISE r octitment-atiun in person to the appropriate employee of the purchasing division an 31 obtain a datehirne receipt. Such receipt shall be evidence that the City received the documentation in th 32 time alloc•awd_ A faxed and/or emailed copy will not tic aeceptcA. 33 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.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 CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101288 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 MIWBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101288 Revised June 9,2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on March 6, 2018 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 FNH Construction,LLC, authorized to do business in Texas,acting by and through 6 its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Concrete Restoration (2018-3) at Various Locations 16 City Project Number. 101288 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount, in current funds, of FIVE HUNDRED TWENTY-FOUR THOUSAND, 20 EIGHT HUNDRED FIFTY and 00/100 Dollars ($524,850.00). 21 Article 4. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 150 days after the date when the 24 Contract Time commences to run,as provided in Paragraph 2.03 of the General Conditions, 25 plus any extension thereof allowed in accordance with Article 12 of the General 26 Conditions. 27 4.2 Liquidated Damages 28 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 29 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 30 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 31 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 32 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 33 instead of requiring any such proof, Contractor agrees that as liquidated damages for 34 delay (but not as a penalty), Contractor shall pay City SIX HUNDRED FIFTY Dollars 35 ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final 36 Acceptance until the City issues the Final Letter of Acceptance. 37 Article 5. CONTRACT DOCUMENTS 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and 40 Contractor concerning the Work consist of the following: CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Na. 101288 Revised 11.15.17 005243-2 Agreement Page 2 of 5 41 1. This Agreement. 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project specific) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Utilization Form 56 3. General Conditions. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment 59 or, if not attached, as incorporated by reference and described in the Table of 60 Contents of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued,become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 Article 6.INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleeed or proven that all or some of the damaees beine 78 soup-lit were caused, in whole or in part, by any act, omission or neelieence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs, expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101288 Revised 11.15.17 005243-3 Agreement Page 3 of 5 83 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 84 the city,its officers,servants and employees,from and against any and all loss,damage 85 or destruction of property of the city,arising out of,or alleged to arise out of,the work 86 and services to be performed by the contractor, its officers, agents, employees, 87 subcontractors, licensees or invitees under this contract. This indemnification 88 provision is specifically intended to operate and be effective even if it is alleeed or 89 proven that all or some of the damages beine souaht were caused,in whole or in part, 90 by any act,omission or neelieence of the city. 91 92 Article 7.MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 95 have the meanings indicated in the General Conditions. 96 7.2 Assignment of Contract. 97 This Agreement, including all of the Contract Documents may not be assigned by the 98 Contractor without the advanced express written consent of the City. 99 7.3 Successors and Assigns. 100 City and Contractor each binds itself, its partners, successors, assigns and legal 101 representatives to the other party hereto, in respect to all covenants, agreements and 102 obligations contained in the Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or 105 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 106 remaining provisions shall continue to be valid and binding upon CITY and 107 CONTRACTOR. 108 7.5 Governing Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of 110 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 111 Northern District of Texas,Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 114 than the duly authorized signatory of the Contractor. 115 116 7.7 Prohibition On Contracts With Companies Boycotting Israel. 117 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 118 Code, the City is prohibited from entering into a contract with a company for goods or 119 services unless the contract contains a written verification from the company that it: (1) 120 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No. 101288 Revised 11.15.17 005243-4 Agreement Page 4 of 5 121 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 122 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 123 certifies that Contractor's signature provides written verification to the City that 124 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of 125 the contract. 126 127 7.8 Immigration Nationality Act. 128 Contractor shall verify the identity and employment eligibility of its employees who 129 perform work under this Agreement, including completing the Employment Eligibility 130 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 131 all I-9 forms and supporting eligibility documentation for each employee who performs 132 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 133 establish appropriate procedures and controls so that no services will be performed by any 134 Contractor employee who is not legally eligible to perform such services. 135 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 136 FROM ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 137 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 138 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 139 Contractor, shall have the right to immediately terminate this Agreement for violations of 140 this provision by Contractor. 141 142 7.9 No Third-Party Beneficiaries. 143 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 144 and there are no third-party beneficiaries. 145 146 7.10 No Cause of Action Against Engineer. 147 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 148 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 149 subcontractors, for any claim arising out of, in connection with, or resulting from the 150 engineering services performed. Only the City will be the beneficiary of any undertaking by 151 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 152 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 153 in any way responsible for those duties that belong to the City and/or the City's construction 154 contractors or other entities, and do not relieve the construction contractors or any other 155 entity of their obligations, duties, and responsibilities, including, but not limited to, all 156 construction methods, means, techniques, sequences, and procedures necessary for 157 coordinating and completing all portions of the construction work in accordance with the 158 Contract Documents and any health or safety precautions required by such construction 159 work. The Engineer and its personnel have no authority to exercise any control over any 160 construction contractor or other entity or their employees in connection with their work or 161 any health or safety precautions. 162 163 SIGNATURE PAGE TO FOLLOW 164 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101288 Revised 11.15.17 005243-5 Agreement Page 5 of 5 165 166 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 167 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 168 Date"). 169 Contractor: City ofForth FNHConstruction, LLC By:_ J Jay Chapa By: ftLAssistant City Manager (Signature) Date 7 7 Attest: (Printed Name) City Sec etary of: FQR Title: (Seal) (� :O Address: 4099 McEwen Rd, Suite 600 M&C C-28605 Date: 3/6/2018 ...... Form 1295 No. 2018- 304656 A •• City/State/Zip: Contract Compliance Manager: Farmers Branch,Texas 75244 By signing, I acknowledge that I am the person L4 responsible for the monitoring and _ L4 �' ��� administration of this contract, including Date ensuring all performance and reporting re uirements. Tariqul Islam (Project Manager) Approved-as to Form and Legality: Douglas W. Black Assistant City Attorney 170 171 A OVAL RECOMMENDED: 172 �+ 173 174 DouglabW Wiersig, P.E. 175 DIRECTOR, 176 Transportation and Public Works Department 177 OFFICIAL RECORD CITY OF FORT WORTH t'rI SEC.RETA�O RETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT.WORTH,TX City Project No. 101288 Revised 11.15.17 Bond No: HICSW-10-A221-0044 00 61 13-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,FNH Construction.LLC.known as"Principal"herein and 8 Hudson Insurance Company ,a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein, in the penal sum of,FIVE HUNDRED 12 TWENTY-FOUR THOUSAND,EIGHT HUNDRED FIFTY AND 00/100 DOLLARS(S 13 524.850.00),lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas 14 for the 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 6th day of March,2018.which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 19 accessories defined by law,in the prosecution of the Work, including any Change Orders,as 20 provided for in said Contract designated as Concrete Restoration(201&3j at Various Locations, 21 City NNW Number 101288, 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 25 specifications,and contract documents therein referred to,and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void,otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division. CITY OF FORT WORTH CONCRETE RESTORATION(2018-3b STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July I,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 5th day of 6 April ,2Q-18—. 7 PRINCIPAL: 8 FNH Construction, LLC 9 10 ` 11 BY: 12 Signature 13 ATTEST: - /� 14 IS 16 (Principal)Secretary Name and Title 17 ����^ 18 Address:4099 McEwen Rd.Suite 600 19 ,/ Farmers Branch.Texas 75244 20 G( 21 Witn, ss as to Princi 1 22 v SURETY: 23 Hudson Insurance Company 24 25 27 $i a re 28 29 Jeffrey Todd Mclnotsh,Attomey-in-Fact 30 Name and Title 3] 32 Address: 100 William Street,5th Floor 33 New York,New York,10038 34 35tU1, 36 Witness as to Surety Col nie Kregel Telephone Number: (212)978-2800 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July 1,2011 Bond No: HICSW-10-A221-0044 00 61 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, FNH Construction. LLC, known as "Principal" herein, and 8 Hudson Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of FIVE HUNDRED TWENTY-FOUR THOUSAND, EIGHT HUNDRED 13 FIFTY AND 001100 DOLLARS($524,850.00).lawful money of the United States,to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 6th day of March• 2018, 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 Concrete Restoration(2018-3)at Various Locations, City Prolect No. 101288. 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 CONCRETE RESTORATION(2015-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101281 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 5t„h day of 3 April ___V2018 4 PRINCIPAL: FNH Construction.LLC ATTEST: BY: Signature 1e"Ckl (Principal)Secretary Name and Title (- Address: 4099 McEwen Rd. tilte 0 Farmers Branch,Texas 75244 Witness as to Principal SURETY: Hudson Insurance Company -ATTEST- BY: _ r� !,,re/` Se¢Power of Attomey Jeffrey Todd McIntosh,Attorney-in-Fact Secretary Name and Title Address: 100 William Street,5th Floor New York, New York, 10038 Witness as to Surety annie Kregel Telephone Number: (212)978-2800 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July 1,2011 Bond No: HICSW-10-A221-0044 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we FNH Construction.LLC,known as"Principal"herein and 9 Hudson 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 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in the sum of FIVE 13 HUNDRED TWENTY-FOUR THOUSAND,EIGHT HUNDRED FIFTY AND 00/100 14 DOLLARS(,$524,850.00),lawful money of the United States,to be paid in Fort Worth,Tarrant 15 County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 6t1day of March.2018,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 Concrete Restoration(2018-3)at Various Locations, City Pro}ect No.101288; 25 and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH CONCRETE RESTORATION(2018.3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101291 Revised July I,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond;and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division;and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH CONCRETE RESTORATION(2018-3) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.101288 Revised July 1,2011 0061 1.9-3 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 5th day of April 3 12018 4 5 PRINCIPAL: 6 FNH Construction,LLC 7 A. 8 9 BY: 10 Signature 11 ATTEST: 12 �� If - 13 CIA-K,�&UC, Glt 14 rincipal)Secretary Name and Title 15 16 Address:4099 McEwen Rd.Suite 600 17Farmers Branch.Texas 75244 1 i 199 tf- 20 Witness as to Principal J 21 SURETY: 22 Hudson Insurance Comgany 23 24 25 BY: SIL <� 26 t atr re 27 28 Jeffrey Todd McIntosh,Attorney-in-Fact 29 AT-- Name and Title 31 m~ Sam 136ewf Attorney Address: 100 William Stre,5th Floor 3i 1(cMI.-br)§C+�tur} New York_ New York 10038 33 34 /) �`v L u, C i 35 Witness as to Surety co ieie i,resel Telephone Number: (212)978-2800 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH CONCRETE RESTORATION(2019.3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.10128& Revised July 1,2011 HICSW-10-A221-0044 HUDSON POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSUIZANC17 COMPANY,a corporation of the State of Delaware,with offices at 100 William Street,New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, congti rule and appoint Jeffrey'1'odd McIntosh,Connic.lcan Kregel of the Slate of Texas its true and lawful Attorney(s)-in-fact,at New York,New York,each of thent alone to have full power to act without the other or others,to mke, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalfas aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no si gle bond or undertaking shall obligate said Company for any portion of the penal sum thereof' in excess of the sum of Ten Million Dollars (S 1 o,000,0t10.00), Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same cx t as ifsigned by the President of said Company under its corporate seal attested by its Secretary. ,�w!•"••� n Witness Whereof, HUDSON� INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto ly t.bMa•.e iit.'q on this I Ith day of Fcbrua�y 2015 at New York,New York. ( � al) HUDSON INSURANCE COMPANY Attest.. By......... ........... ..... ................ Dina Daskalakis Michael P.Gleeson Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the I Ith day of Fcbruary 2015 before me personally came Michael P. leeson to me known,who being by me duly sworn td depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation escribe0 herein an which executed the above instrum nt, that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that t was so a"ixed b order of the Board of Directors of s' id Corporation,and that he sig\ �� jr�creto by like order. (Notarial Seal) `� ��.�5g10N EXp�•.•• ANN M.NIURPI 10'?0�9FJ,;* Notary Public,S to of New Y rk 6 ;Y No.01 MU6067 3 Qualified in Nassa Commission Expires December 10,2017 %,?6r•• nw a��=:o`�:0 CERTIFICATION STATE OF NEW YORI.��ii�9�h(JBLIC,�Px��`` COUN'T'Y OF NEW YORK rryutSgtlh• The undersigned Dina Daskalakis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by ununimous written consent of the Board of Directors.f I Judson Insurance Company dated July 27'",2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognisances, whether made by this Company as surety thereon or otherwise, indemnity contracts,contracts and certificates,and any and all other i contracts and undertakings made in the course of this Company's surely business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given 1'or the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereatler,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though m:"6@4-affixed." -THAT"the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that tqe said Pov:L,.L;ctwrney is still in full force and effect and has not been revoked,and furthermore that the Re_cnlutin of the Board of Directors,set forth in the said IN +2°neyJs`faw in force. w.ti* .. 5 tfles[be�Iiand of the undersigned and the seal of said Corporation this day of: I 1 ,20 Cot<. % Dina Daskalakis,Corporate Secretary Form PerfA W 8 2010(v2) 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter Una queja: 2. You may contact your Agent at (972) 381-4270. Puede comunicarse con su (title) al (telephone number). 3. You may call Hudson Insurance Company's toll- free telephone number for information or to make a Usted puede Ilamar al numero de telefono ratis de complaint at: Hudson Insurance Company's para inform ion o para someter una queja al: 1-800-388-3647 1-800-388-3647 4. You may also write to Hudson Insurance Company at: Usted tambien puede escribir a Hudson Insurance Company al: 100 William Street, 5th Floor New York, NY 10038 100 William Street, 51h Floor New York, NY 10038 5. You may contact the Texas Department of Insurance to obtain information on companies, Puede Comunicarse con el Departamento de coverages, rights or complaints at: Seguros de Texas para obtener informacio I acerca de companies, coberturas, derechos o quer is al: 1-800-252-3439 1-800-252-3439 6. You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 P. O. Box 149104 Fax: (512) 475-1771 Austin, TX 78714-9104 Web: http://www.tdi.state.tx.us Fax: (512) 475-1771 E-mail: ConsumerProtection()tdi.state.tx.us Web: http://www.tdi:state.tx.us E-mail: ConsumerProtection(o)tdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your DISPUTAS SOBRE PRIMAS O RECLAMOS: premium or about a claim you should contact the Si tiene una disputa concerniente a su prima o a un (agent) first. If the dispute is not resolved, you may reclamo, debe comunicarse con el (agente) contact the Texas Department of Insurance. primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not UNA ESTE AVISO A SU POLIZA: Este aviso es become a part or condition of the attached solo para proposito de informacion y no se document. convierte en parte o condicion del documento adjunto. 7 Ac40RV a DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/lo/Iola 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 pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Sandy Fugitt Mullis Newby Hurst PHONE (972)201-0127 AIC No;(972)201-0123 5057 Keller Springs Road, Suite 400 AUpRIE sfugitt@mnhins.com Addison, TX 75001 INSURERS AFFORDING COVERAGE NAIC# INSURERABITCO General Insurance Corporation 20095 INSURED INSURER B AS en American Insurance Company 43460 FNH Construction, LLC INSURER C: 4099 McEwen Road, Suite 600 INSURER D: Farmers Branch, TX 75244-5042 INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER:2018-2019 FNH Casualty REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE AD POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMID /YYYY MMIDD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE 7X DAMAGE TO RENTED OCCUR PREMISES Ea occurrence $ _ 300,000 CLP3664548 2/11/2018 2/11/2019 MED EXP(Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FXJ JE [7 LOC PRODUCTS-COMPIOP AGG $ 2_000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS CAP3664547 2/1112018 2/11/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE E X HIRED AUTOS X AUTOS Per accident E UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 000 000 B X EXCESS LIAB CLAIMS-MADE CX0058XIB 2/11/2018 2/11/2019 AGGREGATE $ 51000,000 DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA A A g E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) WC3664546 2/11/2018 2/11/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If as,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 11000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ( 101,Additional Remarks Schedule,may be attached If more space Is required) Project: Concrete Restoration (2018-3) at Various Locations I City Project No. 101288 Policies except Workers' Compensation include blanket Additional Insured endorsement providing Additional Insured status to Certificate Holder for Ongoing and Completed Operations and Primary and Non-Contributory status when evidenced by written contract with requirement between Named Insured and Certificate Holder. All policies contain blanket Waiver of Subrogation when evidenced by written contract with requirement between Named Insured and Certificate Holder. General Liability includes Per Project Aggregate. All policies include Thirty (30) Day Cancellation exce t Ten (10) Day Nonpantiat of CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEgBEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Transportation and Public Works ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Scott Stagner/SANDYF ©1988-2014 ACORD CORPORATION. All rights keserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS02519n14n11 F- COMMENTSIREMARKS Premium or except Insured Request. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCHON SPECIFICATION DOCUMENTS Revision:F mimy Z 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 Article 5—Bonds and Insurance..................................................................................................................... 16 5.01 Licensed Sureties and Insurers..................................................................................................:16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................1.6 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:FcbnayZ 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..7,..... 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:Febmmy Z 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....................................................................................... 5 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...................................................................................................................... 1 16.01 Methods and Procedures............................................................................................................. 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fey 2,2016 Article l7—Miscellaneous—.---.---_------.----.._—..-------.--..---.-----.---.M2 17.01 Giving Notice..............................................................................................................................h2 17.02 Computation ofTimes................................................................................................................M2 l7{)3Cumulative Remedies.................................................................................................................62 ]7.04Survival of Obligations---.--.-'---_--..--.....-----.------..--.-----.---.--M3 17.05 Headings-_...--..--.---.--.-----.------.------.--..--.---.—.—.--..63 CITY m`FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said to;Is 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. 1 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. y 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. i 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 busipess, 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. 1 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:FdmiayZ 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:Febmary Z 2016 00► 2 00- GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26.Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27.Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant,or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development — The officially appointed Director of the Plaltning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. „I 30. Director of Transportation Public Works — The officially appointed Director o 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 mfhich graphically shows the scope, extent, and character of the Work to be performe"t{c by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it bec mes effective,but if no such date is indicated, it means the date on which the Agreement is sined and delivered by the last of the two parties to sign and deliver. �I li 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 ir the Contract Documents.Extra work shall be part of the Work. i. 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 Engi eer. Field Orders are paid from Field Order Allowances incorporated into the Contract by fb�ded 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. CrN OF FORT WORTH S STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F bnwyZ 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:Febnmy2,2016 07200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordant 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 ublic 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 bey 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). 1 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 re uired submittals and the time requirements to support scheduled performance of rlated 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 wi any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febma<y 2,2016 1 I 00 7200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:F mimy2,2016 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 determinlation will be solely to evaluate, in general, the Work for compliance with the information ifs the Contract Documents and with the design concept of the Project as a functioning who e as shown or indicated in the Contract Documents (unless there is a specific statement indicting 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, tes , 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-k own technical or construction industry or trade meaning are used in the Contract Documen�s 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 wilq 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:Febmazy 2.2016 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:Febnmy 2,2016 7200-1 GENERAL CONDITIONS Paige 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:Fdxuwy Z 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:Febmary2,2016