HomeMy WebLinkAboutContract 56515CONTRACT
FOR
THE CONSTRUCTION OF
LAKE COMO PARK
and OAKLAND LAKE PARK
DAM and EROSION CONTROL
IMPROVEMENTS
City Project No(s). 101592 (LCP) & 101875 (OLP)
Betsy Price
Mayor
David Cooke
City Manager
Richard Zavala
Director
Park & Recreation Department
Prepared for:
The City of Fort Worth
Park & Recreation Department
Prepared by:
Baird, Hampton & Brown
3801 William D. Tate, Suite 500
Grapevine, Texas 76051
2021 2021-04-30
PORTIONS REISSUED
UNDER ADDENDUM 1
CSC No. 56515
Adopted September 2011
City of Fort Worth
Standard Construction Specification
Documents
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 1 of 6
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised March 9, 2020 Capital Projects No. 101592 & 101875
SECTION 00 00 00
TABLE OF CONTENTS
Division 00 - General Conditions Last Revised
00 05 10 Mayor and Council Communication 07/01/2011
00 05 15 Addenda 07/01/2011
00 11 13 Invitation to Bidders 03/09/2020
00 21 13 Instructions to Bidders 03/09/2020
00 31 15 Engineer Project Schedule 07/20/2018
00 32 15 Construction Project Schedule 07/20/2018
00 35 13 Conflict of Interest Statement 02/24/2020
00 41 00 Bid Form 03/09/2020
00 42 43 Proposal Form Unit Price 01/20/2012
00 43 13 Bid Bond 09/11/2017
00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011
00 45 11 Bidders Prequalifications 07/01/2011
00 45 12 Prequalification Statement 07/01/2011
00 45 13 Bidder Prequalification Application 03/09/2020
00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011
00 45 40 Minority Business Enterprise Goal 06/09/2015
00 45 41 Small Business Enterprise Goal 06/09/2015
00 52 43 Agreement 09/06/2019
00 61 13 Performance Bond 07/01/2011
00 61 14 Payment Bond 07/01/2011
00 61 19 Maintenance Bond 07/01/2011
00 61 25 Certificate of Insurance 07/01/2011
00 72 00 General Conditions 03/09/2020
00 73 00 Supplementary Conditions 03/09/2020
Division 01 - General Requirements Last Revised
01 11 00 Summary of Work 12/20/2012
01 25 00 Substitution Procedures 07/01/2011
01 31 19 Preconstruction Meeting 08/17/2012
01 31 20 Project Meetings 07/01/2011
01 32 16 Construction Progress Schedule 07/01/2011
01 32 33 Preconstruction Video 07/01/2011
01 33 00 Submittals 12/20/2012
01 35 13 Special Project Procedures 12/20/2012
01 45 23 Testing and Inspection Services 03/09/2020
01 50 00 Temporary Facilities and Controls 07/01/2011
01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011
01 57 13 Storm Water Pollution Prevention Plan 07/01/2011
01 58 13 Temporary Project Signage 07/01/2011
01 60 00 Product Requirements 03/09/2020
01 66 00 Product Storage and Handling Requirements 07/01/2011
01 70 00 Mobilization and Remobilization 11/22/2016
01 71 23 Construction Staking and Survey 02/14/2018
01 74 23 Cleaning 07/01/2011
01 77 19 Closeout Requirements 07/01/2011
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 2 of 6
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised March 9, 2020 Capital Projects No. 101592 & 101875
01 78 23 Operation and Maintenance Data 12/20/2012
01 78 39 Project Record Documents 07/01/2011
Technical Specifications which have been modified by the Engineer specifically for this
Project; hard copies are included in the Project’s Contract Documents
31 23 23 Borrow
31 24 00 Embankments
99 99 01 Care of Water During Construction
99 99 02 Cast-In-Place Concrete Structures
99 99 03 Prefabricated Bridge Structure
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City’s website at:
http://fortworthtexas.gov/tpw/contractors/
or
https://apps.fortworthtexas.gov/ProjectResources/
Division 02 - Existing Conditions Last Revised
02 41 13 Selective Site Demolition 12/20/2012
02 41 14 Utility Removal/Abandonment 12/20/2012
02 41 15 Paving Removal 02/02/2016
Division 03 - Concrete
03 30 00 Cast-In-Place Concrete 12/20/2012
03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012
03 34 16 Concrete Base Material for Trench Repair 12/20/2012
03 80 00 Modifications to Existing Concrete Structures 12/20/2012
Division 26 - Electrical
26 05 00 Common Work Results for Electrical 11/22/2013
26 05 10 Demolition for Electrical Systems 12/20/2012
26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012
26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011
26 05 50 Communications Multi-Duct Conduit 02/26/2016
Division 31 - Earthwork
31 10 00 Site Clearing 12/20/2012
31 23 16 Unclassified Excavation 01/28/2013
31 23 23 Borrow 01/28/2013
31 24 00 Embankments 01/28/2013
31 25 00 Erosion and Sediment Control 12/20/2012
31 36 00 Gabions 12/20/2012
31 37 00 Riprap 12/20/2012
Division 32 - Exterior Improvements
32 01 17 Permanent Asphalt Paving Repair 12/20/2012
32 01 18 Temporary Asphalt Paving Repair 12/20/2012
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 3 of 6
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised March 9, 2020 Capital Projects No. 101592 & 101875
32 01 29 Concrete Paving Repair 12/20/2012
32 11 23 Flexible Base Courses 12/20/2012
32 11 29 Lime Treated Base Courses 12/20/2012
32 11 33 Cement Treated Base Courses 12/20/2012
32 11 37 Liquid Treated Soil Stabilizer 08/21/2015
32 12 16 Asphalt Paving 12/20/2012
32 12 73 Asphalt Paving Crack Sealants 12/20/2012
32 13 13 Concrete Paving 12/20/2012
32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018
32 13 73 Concrete Paving Joint Sealants 12/20/2012
32 14 16 Brick Unit Paving 12/20/2012
32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016
32 17 23 Pavement Markings 11/22/2013
32 17 25 Curb Address Painting 11/04/2013
32 31 13 Chain Fences and Gates 12/20/2012
32 31 26 Wire Fences and Gates 12/20/2012
32 31 29 Wood Fences and Gates 12/20/2012
32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018
32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012
32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012
32 93 43 Trees and Shrubs 12/20/2012
Division 33 - Utilities
33 01 30 Sewer and Manhole Testing 12/20/2012
33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016
33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012
33 04 10 Joint Bonding and Electrical Isolation 12/20/2012
33 04 11 Corrosion Control Test Stations 12/20/2012
33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012
33 04 30 Temporary Water Services 07/01/2011
33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013
33 04 50 Cleaning of Sewer Mains 12/20/2012
33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016
33 05 12 Water Line Lowering 12/20/2012
33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016
33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016
33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to
Grade 12/20/2012
33 05 16 Concrete Water Vaults 12/20/2012
33 05 17 Concrete Collars 12/20/2012
33 05 20 Auger Boring 12/20/2012
33 05 21 Tunnel Liner Plate 12/20/2012
33 05 22 Steel Casing Pipe 12/20/2012
33 05 23 Hand Tunneling 12/20/2012
33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013
33 05 26 Utility Markers/Locators 12/20/2012
33 05 30 Location of Existing Utilities 12/20/2012
33 11 05 Bolts, Nuts, and Gaskets 12/20/2012
33 11 10 Ductile Iron Pipe 12/20/2012
33 11 11 Ductile Iron Fittings 12/20/2012
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 4 of 6
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised March 9, 2020 Capital Projects No. 101592 & 101875
33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018
33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012
33 11 14 Buried Steel Pipe and Fittings 12/20/2012
33 12 10 Water Services 1-inch to 2-inch 02/14/2017
33 12 11 Large Water Meters 12/20/2012
33 12 20 Resilient Seated Gate Valve 12/20/2012
33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012
33 12 25 Connection to Existing Water Mains 02/06/2013
33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012
33 12 40 Fire Hydrants 01/03/2014
33 12 50 Water Sample Stations 12/20/2012
33 12 60 Standard Blow-off Valve Assembly 06/19/2013
33 31 12 Cured in Place Pipe (CIPP) 12/20/2012
33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012
33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012
33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013
33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer
Pipe 12/20/2012
33 31 22 Sanitary Sewer Slip Lining 12/20/2012
33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012
33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013
33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012
33 39 10 Cast-in-Place Concrete Manholes 12/20/2012
33 39 20 Precast Concrete Manholes 12/20/2012
33 39 30 Fiberglass Manholes 12/20/2012
33 39 40 Wastewater Access Chamber (WAC) 12/20/2012
33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012
33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011
33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012
33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015
33 46 00 Subdrainage 12/20/2012
33 46 01 Slotted Storm Drains 07/01/2011
33 46 02 Trench Drains 07/01/2011
33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012
33 49 20 Curb and Drop Inlets 12/20/2012
33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011
Division 34 - Transportation
34 41 10 Traffic Signals 10/12/2015
34 41 10.01 Attachment A – Controller Cabinet 12/18/2015
34 41 10.02 Attachment B – Controller Specification 02/2012
34 41 10.03 Attachment C – Software Specification 01/2012
34 41 11 Temporary Traffic Signals 11/22/2013
34 41 13 Removing Traffic Signals 12/20/2012
34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013
34 41 16 Pedestrian Hybrid Signal 11/22/2013
34 41 20 Roadway Illumination Assemblies 12/20/2012
34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015
34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015
34 41 20.03 Residential LED Roadway Luminaires 06/15/2015
00 00 00
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Page 5 of 6
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised March 9, 2020 Capital Projects No. 101592 & 101875
34 41 30 Aluminum Signs 11/12/2013
34 41 50 Single-Mode Fiber Optic Cable 02/26/2016
34 71 13 Traffic Control 11/22/2013
Appendix
GC-4.01 Availability of Lands
GC-4.02 Subsurface and Physical Conditions
GC-4.04 Underground Facilities
GC-4.06 Hazardous Environmental Condition at Site
GC-6.06.D Minority and Women Owned Business Enterprise Compliance
GC-6.07 Wage Rates
GC-6.09 Permits and Utilities
GC-6.24 Nondiscrimination
GR-01 60 00 Product Requirements
END OF SECTION
Division 00
General Conditions
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA
DATE:8/10/2021 REFERENCE
NO.:M&C 21-0561 LOG NAME:80LAKE COMO/OAKLAND
LAKE DAM IMPROVEMENTS
CODE:C TYPE:NON-
CONSENT
PUBLIC
HEARING:NO
SUBJECT: (CD 3 and CD 8) Authorize the Execution of a Construction Contract with The Fain
Group, Inc., in the Amount of $1,588,264.00 for the Construction of the Lake Como
Park and Oakland Lake Park Dam Improvements Projects, Adopt Attached Appropriation
Ordinances, and Amend the Fiscal Years 2021-2025 Capital Improvement
Program (2018 Bond Program)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Projects Fund in the Oakland Lake Park project (City Project No.
101875) in the amount of $507,709.35, from available funds;
2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the General Capital Projects Fund by increasing receipts and appropriations in the Oakland
Lake Park project (City Project No. 101875) in the amount of $374,050.02, and decreasing
receipts and appropriations in the Park Improvements project (City Project No. P00059) by
the same amount;
3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the General Capital Projects Fund by increasing receipts and appropriations in the Oakland
Lake Park project (City Project No. 101875) in the amount of $100,000.00, and decreasing
receipts and appropriations in the PARD New Enhancements project (City Project No.
P00132) by the same amount;
4. Adopt the attached appropriation ordinance adjusting the estimated receipts and
appropriations in the General Capital Projects Fund by increasing receipts and appropriations
in the Oakland Lake Park project (City Project No. 101875) in the amount of $72,666.00, and
decreasing receipts and appropriations in the PARD Maintenance & Replacements project
(City Project No. P00133) by the same amount;
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the PARD Gas Lease Capital Projects Fund in the Oakland Lake Park project (City Project
No. 101875) in the amount of $169,541.53, from available funds;
6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations
in the General Capital Projects Fund in the Lake Como Dam project (City Project No. 101592)
in the amount of $100,000.00, from available funds;
7. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the General Capital Projects Fund by increasing receipts and appropriations in the Lake
Como Dam project (City Project No. 101592) in the amount of $65,000.00, and decreasing
receipts and appropriations in the Park Improvements project (City Project No. P00059) by
the same amount;
8. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the General Capital Projects Fund by increasing receipts and appropriations in the Lake
Como Dam project (City Project No. 101592) in the amount of $1,468.00, and decreasing
receipts and appropriations in the PARD Maintenance & Replacements project (City Project
No. P00133) by the same amount;
9. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations
in the PARD Gas Lease Capital Projects Fund by increasing receipts and appropriations in the
Lake Como Dam project (City Project No. 101592) in the amount of $348,532.00, and
decreasing receipts and appropriations in the PARD Maintenance & Replacements project
(City Project No. P00133) by the same amount;
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10. Amend the FY2021-2025 Capital Improvement Program; and
11. Authorize the execution of a contract with The Fain Group, Inc., in the amount of
$1,588,264.00, for the construction of the Lake Como Park and Oakland Lake Park Dam
Improvements project (City Project No. 101592 & 101875).
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of
a contract with The Fain Group, Inc., in the amount of $1,588,264.00, for the construction of the Lake
Como Park and Oakland Lake Park Dam Improvements projects (City Project No. 101592 & 101875).
On December 5, 2018, the Texas Commission on Environmental Quality (TCEQ) inspected the
earthen dams, concrete spillways, and surrounding conditions at Lake Como Park and Oakland Lake
Park. TCEQ's findings were outlined in inspection reports submitted to the City of Fort Worth (City) on
February 19, 2019 and March 28, 2019, respectively. These reports describe required work to be
performed on the dams as “major modifications” and specified requirements and recommendations
that TCEQ expects the City to enact. Upon receipt of the inspection reports, the City was tasked with
responding to TCEQ with a Plan of Action for each dam that generally outlined the City's intent to
meet the Requirements/Recommendations section of the reports.
The City’s corresponding Plan of Action for each dam stated that the City would hire a licensed
professional engineer to perform assessments on the dams before determining construction options.
Due to the similar nature of the overall requirements of the proposed projects, the Park & Recreation
Department (PARD) determined that efficiencies would be gained by combining the assessment of
both dams under one contract. City Council authorized award of a contract, CSC No. 52866, in the
amount of $109,630.00, to Baird Hampton Brown, Inc. (BHB) for the assessment of both dams on
September 10, 2019 (M&C 19-0117).
On June 15, 2020, BHB submitted final assessment documents. The assessments outlined the
required improvements and provided constructable options towards meeting TCEQ's
Requirements/Recommendations.
On October 20, 2020 City Council authorized the execution of Amendment No. 1 to CSC No. 52866
with BHB, in an amount up to $199,480.00 (M&C 20-0774, October 20, 2020), to provide the
additional engineering services needed for the design and development of construction documents,
based on the finalized engineering assessments provided by BHB. In April 2021, BHB submitted
final design and construction documents for Lake Como Park and Oakland Lake Park Dam
Improvements, that address the corrections required for the existing dams and their surrounding
conditions.
The project was posted on the city purchasing website on April 22, 2021, and advertised in the Fort
Worth Star-Telegram on April 22 & 29, 2021. A pre-bid conference was held May 6, 2021. The
following bids were received on May 13, 2021.
Contractor Base Bid
Alternate
Bid Total Bid
The Fain Group, Inc. $1,483,234.50 $105,029.50 $1,588,264.00
Accelerated Critical Path, Inc. $1,492,011.00 $371,281.00 $1,863,292.00
Klutz Construction, LLC $1,503,104.70 $184,031.90 $1,687,136.60
C. Green Scaping, LP $1,649,794.30 $249,465.60 $1,899,259.90
Humphrey & Morton Construction
Company, Inc.$1,728,897.00 $180,610.00 $1,909,507.00
Rebcon, Inc. $2,019,461.30 $670,972.50 $2,690,433.80
Ark Contracting Services, LLC $2,521,414.52 $355,709.00 $2,877,123.52
Fort Worth Civil Constructors, LLC $2,532,240.00 $282,474.22 $2,814,714.22
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Base Bid improvements include mobilization, construction staking, site preparation, demolition of
existing infrastructure, corrective excavation and grading, rebuilding and reinforcing of dam slopes,
the construction of a new concrete spillway at Oakland Lake Park, installation of erosion control
measures, and the placement of turf mat and solid sod. Alternative Bid improvements included in this
contract are the installation of a pedestrian bridge over Oakland Lake Park's spillway in lieu of a
culvert crossing, and the relocation/replacement of concrete trail crossing the dams.
Construction of these projects is anticipated to begin the first quarter of Fiscal Year (FY) 2022 and
estimated completion is projected to be in the third quarter of FY2022.
There will be no impact on the Park & Recreation Department's annual operating budget when the
Lake Como Dam project is completed.
The Oakland Lake Dam project is estimated to increase the department’s annual maintenance by
$7,500.00 beginning in the FY2023. As of June 30, 2021, the cumulative total of all previously
approved M&C’s increased the department’s annual maintenance by $308,857.00 beginning in
FY2022.
Funding for the Oakland Lake Park Dam project was included in the FY2019-2023 Capital
Improvement Program in the amount of $300,000.00. Additional funding in the amount of $923,966.90
is needed to address TCEQ recommendations and requirements. The action in this M&C will amend
the FY2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-
2020. In order to administratively track the spending of all funding sources in one project,
appropriation ordinances are needed to move appropriations from the programmable project to the
jointly funded static project.
Approval of recommendations 1 - 5 would adjust appropriations between a programmable project and
convert the Oakland Lake Park Dam project (City Project No. 101875) into a static capital project. This
action is needed as future funding for the Oakland Lake Park Dam project (City Project No. 101875) is
anticipated from other funding sources and the scope of this project differs from that of the current
programmable project.
Funding for the Lake Como Park Dam project was included in the FY2018-2022 Capital Improvement
Program in the amount of $470,000.00. Additional funding in the amount of $450,000.00 is needed to
address TCEQ recommendations and requirements. The action in this M&C will amend the FY2021-
2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. In
order to administratively track the spending of all funding sources in one project, appropriation
ordinances are needed to move appropriations from the programmable project to the jointly funded
static project. Approval of recommendations 6 - 9 would adjust appropriations between a
programmable project and convert the Lake Como Park Dam project (City Project No. 101592) into a
static capital project. This action is needed as future funding for the Lake Como Park Dam project
(City Project No. 101592) is anticipated from other funding sources and the scope of this project differs
from that of the current programmable project.
Funds for the Lake Como Park Dam project are included in the 2018 Bond Program. Available
resources within the General Fund will be used to provide interim financing until debt is issued. Once
debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance
with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance
canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the
Mayor and Council.
Compliance with the City's Business Equity Ordinace has been achieved by the following method:
The Fain Group, Inc. is in compliance with the City's Business Equity Ordinance by committing to 15\
% participation on this project's base bid. The City's Business Equity goal for this project is 15\%.
Lake Como Dam is located in COUNCIL DISTRICT 3.
Oakland Lake Park is located in COUNCIL DISTRICT 8.
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Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
Fund Department
ID
Account Project
ID
Program Activity Budget
Year
Reference #
(Chartfield 2)
Amount
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are currently available in the Unspecified-All Funds,
Unspecified-Gas Lease Rev, Unspecified Restr Park Endowmt, Lake Como Dam projects and the
Park Improvements, PARD New Enhancements and PARD Maintenance & Replacement
programmable projects within the General Capital Projects Fund, PARD Gas Lease Capital Project
Fund and 2018 Bond Program Fund and upon approval of the above recommendations and adoption
of the attached appropriation ordinances, funds will be available in the General Capital Projects Fund,
PARD Gas Lease Capital Project Fund and 2018 Bond Program Fund for the Oakland Lake Park
Dam and Lake Como Dam projects to support the approval of the above recommendations and
execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation
Department has the responsibility of verifying the availability of funds.
TO
FROM
Submitted for City Manager's Office by:Valerie Washington (6192)
Originating Department Head:Richard Zavala (5704)
Additional Information Contact:David Creek (5704)
ATTACHMENTS
101592 - Lake Como - MC - Location Map.pdf
101875 - Oakland Lake - MC - Location Map.pdf
80LAKE COMO_OAKLAND LAKE DAM IMPROV_30100.docx
80LAKE COMO_OAKLAND LAKE DAM IMPROV_33002.docx
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00 05 15 - 1
ADDENDA
Page 1 of 1
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised July 1, 2011 Capital Projects No. 101592 & 101875
SECTION 00 05 15 1
ADDENDA 2
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May 3, 2021
City of Fort Worth
ATTN: Mr. Bryan Lyness, RLA
Park & Recreation Dept.
4200 S. Freeway, Suite 2200
Fort Worth, TX 76115
RE: LAKE COMO PARK AND OAKLAND LAKE PARK DAM AND EROSION CONTROL IMPROVEMENTS
CPN 101592 (LCP) & 101875 (OLP)
BHB PROJECT NO.: 2019.716.002
ADDENDUM NO. 1
Mr. Lyness,
Please reference the contract documents and bid proposal for the following changes and
clarifications:
I. BID ITEM CHANGES
Under Unit I:
A duplicate item for Mobilization was removed.
Under Unit II:
Item 24 Seeding, Hydromulch was replaced with Block Sod Placement.
A Bid Item for Topsoil was add to Unit II base bid.
The item for the non-woven geotextile was removed. This item is subsidiary to the
Retaining Wall construction.
The items for relocation of the existing Park Bench and Trash Can were moved to
Alternate Bid 8.
Under Alternate Bid Items:
Alternate Bid 2 has been added to the Proposal Form.
The Epoxy Structure Liner has been removed from Alternate Bid 3. Bid the Repair of
Concrete Structure item to include all work shown on the plans.
Quantities for various bid items were corrected as needed.
II. SPECIFICATIONS
Section 00 00 00 Table of Contents was corrected to show the City standard Specifications
required for the project.
Section 99 99 02 Cast-in-Place Concrete was modified to include various subsidiary items
as well as correct the measurement and payment for items covered by this
City of Fort Worth
May 3, 2021
Page 2 of 2
specification.
III. DRAWINGS
Sheets noted by an asterisk in the Sheet Index were modified to correct errors and
provide clarification for the base bid and alternate bid items on the plans.
Flume crossing detail was updated.
Flexamat Plus/ Connection detail/ specifications
IV. CLARIFICATIONS
Non-woven geotextiles are subsidiary to the retaining wall.
All Flexamat referenced in the plans and bid items is to be Flexamat Plus. Refer to the
details and specifications in the plans.
Bidders should acknowledge receipt of this Addendum on the outer envelope of their bid. This
Addendum will be included in and made a part of the Contract Documents. Failure to
acknowledge this addendum could result in the owner considering the bid unresponsive.
Sincerely:
BAIRD, HAMPTON & BROWN
Shannon L. Nave, PE, CFM
Principal, Sr. Civil Engineer
May 11, 2021
City of Fort Worth
ATTN: Mr. Bryan Lyness, RLA
Park & Recreation Dept.
4200 S. Freeway, Suite 2200
Fort Worth, TX 76115
RE: LAKE COMO PARK AND OAKLAND LAKE PARK DAM AND EROSION CONTROL IMPROVEMENTS
CPN 101592 (LCP) & 101875 (OLP)
BHB PROJECT NO.: 2019.716.002
ADDENDUM NO. 2
Mr. Lyness,
Please reference the contract documents and bid proposal for the following changes and
clarifications:
I. BID ITEM CHANGES
Under Unit I:
1. Based on potential bidder comments, the quantities for Items 4-6 have been reviewed
and adjusted.
Under Unit II:
1. Item 32 Structural Piers, was modified to be bid by the vertical foot, with a total of 178
vertical feet.
2. Item 33, Casing for Pier Construction, was added. This item is to be bid per each for
each pier that requires a casing.
3. The items for relocation of the existing Park Bench and Trash Can were moved to
Alternate Bid 8.
Under Alternate Bid Items:
1. Item 47, Epoxy Structure Liner, has been replaced by Repair of Concrete Structure for
Alternate Bid 4.
2. The name for Item 53 Precast Bridge Structure, under Alternate Bid 7, was changed to
Prefabricated Bridge Structure to match the intent of the proposed item and
corresponding specification. It is still a lump bid item.
3. Quantities for various bid items were corrected as needed. Please see the attached
revised Proposal Form.
City of Fort Worth
May 11, 2021
Page 2 of 3
II. SPECIFICATIONS
1. Section 99 99 02 Cast-in-Place Concrete was modified to include various subsidiary
items as well as correct the measurement and payment for items covered by this
specification.
2. Section 99 99 03 Prefabricated Bridge Structure was added to the contract documents
for Bid Item 53 Precast Bridge Structure.
III. DRAWINGS
1. Sheets C21.00 and C22.03 were reissued to remove reference to masonry or stone
retaining wall and replace it concrete retaining wall.
2. Sheet C22.00 was reissued with revised grading at concrete retaining wall to revise
Top of Wall (TW) and Bottom of Wall (BW) elevations.
IV. CLARIFICATIONS
1. Regarding Bid Item 19: 3137.0102 Large Stone Riprap, Dry – This is the 18” thick Rock
Rip Rap at the end of the spillway at Fosdick and uses a standard City of Fort Worth
Gradation. Please note that the gradation shown on Sheet C21.00 may be used for
this Rock Rip Rap.
2. Regarding Bid Item 20: 3137.0110 Special Rip Rap – This is the 18” thick Rock Rip Rap
on the upstream face of Fosdick and uses the NCTCOG gradation shown on Sheet
C21.00.
3. Watering of the sod/grass is subsidiary to the bid for the sod or grass bid item.
4. The Repair of Concrete Structure item under Alternate 3 is to make all of the repairs
shown on Sheets S00.00 & S00.01.
5. The Repair of concrete Structure item under Alternate 4 is to seal all of the cracks on
the existing flume downstream of the dam as shown on Sheet C11.00.
6. Alternate No. 1, Bid Item 39 0241.0100 Remove Sidewalk. This includes the removal
of the existing concrete flume and its gutter. It does not include the removal of the
curb and gutter, nor the traffic barricade on the dam proper.
7. A bidder requested to utilize “3” Open Grade Crushed Concrete” with the gradation
shown below as fill per Spec 31 24 00, as shown on sheets C12.02, C12.03, and C12.04.
3” Open Grade Crushed Concrete at the following gradation will be considered
acceptable fill material. This material will not be acceptable for use as riprap bedding
material.
City of Fort Worth
May 11, 2021
Page 3 of 3
3” Open Grade Crushed Concrete
Sieve Size Percent Passing
3” 100
2” 60 - 80
1” 15 - 30
½” 0 - 15
No. 4 0 - 5
V. CONTRACT TIME
The total amount of CONTRACT TIME after the date when the CONTRACT commences
has been changed from 180 CALENDAR days to 240 CALENDAR days.
Bidders should acknowledge receipt of this Addendum on the outer envelope of their bid. This
Addendum will be included in and made a part of the Contract Documents. Failure to
acknowledge this addendum could result in the owner considering the bid unresponsive.
Sincerely:
BAIRD, HAMPTON & BROWN
Shannon L. Nave, PE, CFM
Principal, Sr. Civil Engineer
00 11 13
INVITATION TO BIDDERS
Page 1 of 3
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised April 6, 2020 due to COVID19 Emergency Capital Projects No. 101592 & 101875
SECTION 00 11 13 1
INVITATION TO BIDDERS 2
3
RECEIPT OF BIDS 4
Due to the COVID19 Emergency declared by the City of Fort Worth and until the emergency 5
declaration, as amended, is rescinded, sealed bids for the construction of Lake Como Park and 6
Oakland Lake Park Dam and Erosion Control Improvements (“Project”) will be received by the 7
City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, May 13, 2021 as further 8
described below: 9
10
City of Fort Worth 11
Purchasing Division 12
200 Texas Street 13
Fort Worth, Texas 76102 14
15
Bids will be accepted by: 16
1. US Mail at the address above, 17
2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End 18
Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing 19
Department staff person will be available to accept the bid and provide a time stamped 20
receipt; or 21
3. If the bidder desires to submit the bid on a day or time other than the designated 22
Thursday, the bidder must contact the Purchasing Department during normal working 23
hours at 817-392-2462 to make an appointment to meet a Purchasing Department 24
employee at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, 25
Texas 76102, where the bid(s) will be received and time/date stamped as above. 26
27
Bids will be opened publicly and read aloud at 2:00 PM CST, Thursday, May 13, 2021, in the 28
City Council Chambers and broadcast through live stream and CFW public television which can 29
be accessed at http://fortworthtexas.gov/fwtv/. The general public will not be allowed in the City 30
Council Chambers. 31
32
In addition, in lieu of delivering completed MBE forms for the project to the Purchasing Office, 33
bidders shall e-mail the completed MBE forms to the City Project Manager no later than 2:00 34
p.m. on the second City business day after the bid opening date, exclusive of the bid opening 35
date. 36
37
GENERAL DESCRIPTION OF WORK 38
The major work will consist of the (approximate) following: 39
40
The Base Bid will include the construction of approximately 600 LF of earthen dam rehabilitation 41
at Lake Como Park and approximately 450 LF of earthen dam rehabilitation including a concrete 42
spillway at Oakland Lake Park to correct and prevent erosion damage along the earthen dams and 43
spillways. Please refer to the Section 00 42 43 – BID PROPOSAL for specific line items. 44
45
PREQUALIFICATION 46
The improvements included in this project must be performed by a contractor who is pre-47
qualified by the City at the time of bid opening. The procedures for qualification and pre-48
qualification are outlined in the Section 00 21 13 – INSTRUCTIONS TO BIDDERS. 49
50
51
00 11 13
INVITATION TO BIDDERS
Page 2 of 3
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised April 6, 2020 due to COVID19 Emergency Capital Projects No. 101592 & 101875
DOCUMENT EXAMINATION AND PROCUREMENTS 1
The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 2
of Fort Worth’s Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and 3
clicking on the link to the advertised project folders on the City’s electronic document 4
management and collaboration system site. The Contract Documents may be downloaded, 5
viewed, and printed by interested contractors and/or suppliers. 6
7
INQUIRIES 8
All inquiries relative to this procurement should be addressed to the following: 9
10
Attn: Bryan Lyness, RLA 11
City of Fort Worth 12
Park & Recreation Department 13
4200 South Freeway, Suite 2200 14
Fort Worth, Texas 76115-1499 15
Email: bryan.lyness@fortworthtexas.gov 16
Phone: 817-392-5728 17
18
and/or, 19
20
Attn: Shannon Nave, PE 21
Baird, Hampton & Brown 22
949 Hilltop Drive 23
Weatherford, Texas 76086 24
Email: shannon@bhbinc.com 25
Phone: 817-596-7575 x300 26
27
ADVERTISEMENT DATES 28
1st Advertisement April 22, 2021 29
2nd Advertisement April 29, 2021 30
Pre-Bid Conference May 6, 2021 31
Bid Opening May 13, 2021 32
33
PRE-BID CONFERENCE 34
A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 35
BIDDERS on the following date, and time via a web conferencing application: 36
37
DATE: May 6, 2021 38
39
TIME: 10:00 am 40
41
LOCATION: Pre-Bid Conference will be held online, please register as a plan holder with the 42
project manager listed in the INQUIRIES section below to be added to the invitation list. 43
44
If a pre-bid conference will be held online via a web conferencing application, invitations will be 45
distributed directly to those who have submitted Expressions of Interest in the project to the City 46
Project Manager and/or the Design Engineer. The presentation given at the pre-bid conference 47
and any questions and answers provided at the pre-bid conference will be issued as an Addendum 48
to the call for bids. 49
50
00 11 13
INVITATION TO BIDDERS
Page 3 of 3
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised April 6, 2020 due to COVID19 Emergency Capital Projects No. 101592 & 101875
If a pre-bid conference is not being held, prospective bidders can e-mail questions or comments in 1
accordance with Section 6 of the Instructions to Bidders referenced above to the project 2
manager(s) at the e-mail addresses listed below. Emailed questions will suffice as “questions in 3
writing” and the requirement to formally mail questions is suspended. If necessary, 4
Addenda will be issued pursuant to the Instructions to Bidders. 5
6
EXPRESSION OF INTEREST 7
To ensure bidders are kept up to date of any new information pertinent to this project or the 8
COVID19 emergency declaration, as amended, as it may relate to this project, bidders are 9
requested to email Expressions of Interest in this procurement to the City Project Manager and 10
the Design Engineer. The email should include the bidder’s company name, contact person, that 11
individuals email address and phone number. All Addenda will be distributed directly to those 12
who have expressed an interest in the procurement and will also be posted in the City of Fort 13
Worth’s purchasing website at http://fortworthtexas.gov/purchasing/ 14
15
PLAN HOLDERS 16
To ensure you are kept up to date of any new information pertinent to this project such as when 17
an addendum is issued, download the Plan Holder Registration form from the public bid 18
documents folder on BIM360 to your computer, complete and email it to the City Project 19
Manager and/or the Engineer. 20
21
The City Project Manager and Engineer are responsible for uploading the Plans Holder 22
Registration form to the Plan Holders folder in the public bid documents folder, located on 23
BIM360. 24
25
You may also mail your completed Plan Holder Registration form to those listed in INQUIRIES 26
section. 27
28
CITY'S RIGHT TO ACCEPT OR REJECT BIDS 29
City reserves the right to waive irregularities and to accept or reject bids. 30
31
AWARD 32
City will award a contract to the Bidder presenting the lowest price, qualifications and 33
competencies considered. 34
35
FUNDING 36
Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from the 37
City 2018 Bond Program, revenues generated from and dedicated by Park General Capital 38
Projects Funds and Park Gas Lease Capital Funds and dedicated by the City of Fort Worth to the 39
work under this INVITATION TO BIDDERS. 40
41
42
END OF SECTION 43
00 21 13 - 1
INSTRUCTIONS TO BIDDERS
Page 1 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
SECTION 00 21 13 1
INSTRUCTIONS TO BIDDERS 2
3
1. Defined Terms 4
5
1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 6
72 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 26
misinterpretations resulting from the Bidders use of incomplete sets of Bidding 27
Documents. 28
29
2.2. City and Engineer in making copies of Bidding Documents available do so only for the 30
purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31
for any other use. 32
33
3. Prime Bidder Qualification Requirements 34
35
3.1. The City will evaluate all submitted bids based on criteria and qualifications. 00 45 14 36
Bidder’s Statement of Qualifications is to be submitted and received by the Park & 37
Recreation Department Project Manager no later than 5:00 P.M., five (5) City business 38
days after the bid opening date, exclusive of the bid opening date. 39
40
3.1.1. The Prime Bidder, as general contractor or sub-contractor, must demonstrate 41
similar project scope experience on three (3) projects within the last three (3) years. 42
All subcontractors intended for use on this project shall also demonstrate similar 43
project scope experience necessary to successfully perform on their respective 44
portion of work on this project. 45
46
3.1.2. The Prime Bidder must provide a list the surety company(s) which issued bonds 47
for projects listed above. Additionally, the Prime bidder shall list the surety 48
company intended for use on this project. 49
00 21 13 - 2
INSTRUCTIONS TO BIDDERS
Page 2 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
3.1.2. The Prime Bidder must provide a list the surety company(s) which issued bonds 1
for projects listed above. Additionally, the Prime bidder shall list the surety 2
company intended for use on this project. 3
3.1.3. The Prime Bidder must submit a current certified financial statement prepared by 4
an independent Certified Public Accountant. 5
6
3.2. The City reserves the right to reject any or all bids and waive any or all formalities. 7
The City will award one contract with a combination of base bids and/or alternates 8
which is most advantageous to the City. 9
10
3.3. Additional requirements for qualification may be required within various sections of the 11
Contract Documents. 12
13
3.3.1. TEMPORARY PROCEDURES DUE TO COVID-19: A Bidder whose 14
prequalification has expired during the time period where a valid emergency order 15
is in place (federal, state, local) and for 30 days past the expiration of the 16
emergency order with the furthest expiration date – by day and month, will not be 17
automatically disqualified from having the Bidder’s bid opened. A Bidder in this 18
situation will have its bid opened and read aloud and will be allowed 5 business 19
days (close of business on the 5th day) to submit a complete prequalification 20
renewal package. Failure to timely submit, or submittal of an incomplete package, 21
will render the Bidder’s bid non-responsive. If the prequalification renewal 22
documents show the Bidder as now not-qualified, the bid will be rendered non-23
responsive. A Bidder may not use this exception to seek a prequalification status 24
greater than that which was in place of the date of expiration. A Bidder who seeks 25
to increase its prequalification status must follow the traditional submittal/review 26
process. 27
28
4. Examination of Bidding and Contract Documents, Other Related Data, and Site 29
30
4.1. Before submitting a Bid, each Bidder shall: 31
32
4.1.1. Examine and carefully study the Contract Documents and other related data 33
identified in the Bidding Documents (including "technical data" referred to in 34
Paragraph 4.2. below). No information given by City or any representative of the 35
City other than that contained in the Contract Documents and officially 36
promulgated addenda thereto, shall be binding upon the City. 37
38
4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 39
site conditions that may affect cost, progress, performance or furnishing of the 40
Work. 41
42
4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 43
progress, performance or furnishing of the Work. 44
45
00 21 13 - 3
INSTRUCTIONS TO BIDDERS
Page 3 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 1
contiguous to the Site and all drawings of physical conditions relating to existing 2
surface or subsurface structures at the Site (except Underground Facilities) that 3
have been identified in the Contract Documents as containing reliable "technical 4
data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 5
at the Site that have been identified in the Contract Documents as containing 6
reliable "technical data." 7
8
4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 9
the information which the City will furnish. All additional information and data 10
which the City will supply after promulgation of the formal Contract Documents 11
shall be issued in the form of written addenda and shall become part of the Contract 12
Documents just as though such addenda were actually written into the original 13
Contract Documents. No information given by the City other than that contained in 14
the Contract Documents and officially promulgated addenda thereto, shall be 15
binding upon the City. 16
17
4.1.6. Perform independent research, investigations, tests, borings, and such other means 18
as may be necessary to gain a complete knowledge of the conditions which will be 19
encountered during the construction of the project. On request, City may provide 20
each Bidder access to the site to conduct such examinations, investigations, 21
explorations, tests and studies as each Bidder deems necessary for submission of a 22
Bid. Bidder must fill all holes and clean up and restore the site to its former 23
conditions upon completion of such explorations, investigations, tests and studies. 24
25
4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 26
cost of doing the Work, time required for its completion, and obtain all information 27
required to make a proposal. Bidders shall rely exclusively and solely upon their 28
own estimates, investigation, research, tests, explorations, and other data which are 29
necessary for full and complete information upon which the proposal is to be based. 30
It is understood that the submission of a proposal is prima-facie evidence that the 31
Bidder has made the investigation, examinations and tests herein required. Claims 32
for additional compensation due to variations between conditions actually 33
encountered in construction and as indicated in the Contract Documents will not be 34
allowed. 35
36
4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 37
between the Contract Documents and such other related documents. The Contractor 38
shall not take advantage of any gross error or omission in the Contract Documents, 39
and the City shall be permitted to make such corrections or interpretations as may 40
be deemed necessary for fulfillment of the intent of the Contract Documents. 41
42
4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification 43
of: 44
45
00 21 13 - 4
INSTRUCTIONS TO BIDDERS
Page 4 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to 1
the site which have been utilized by City in preparation of the Contract Documents. 2
The logs of Soil Borings, if any, on the plans are for general information only. 3
Neither the City nor the Engineer guarantee that the data shown is representative of 4
conditions which actually exist. 5
6
4.2.2. Those drawings of physical conditions in or relating to existing surface and 7
subsurface structures (except Underground Facilities) which are at or contiguous to 8
the site that have been utilized by City in preparation of the Contract Documents. 9
10
4.2.3. Copies of such reports and drawings will be made available by City to any Bidder 11
on request. Those reports and drawings may not be part of the Contract 12
Documents, but the "technical data" contained therein upon which Bidder is entitled 13
to rely as provided in Paragraph 4.02. of the General Conditions has been identified 14
and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 15
responsible for any interpretation or conclusion drawn from any "technical data" or 16
any other data, interpretations, opinions or information. 17
18
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 19
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 20
exception the Bid is premised upon performing and furnishing the Work required by the 21
Contract Documents and applying the specific means, methods, techniques, sequences or 22
procedures of construction (if any) that may be shown or indicated or expressly required 23
by the Contract Documents, (iii) that Bidder has given City written notice of all 24
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 25
written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 26
etc., have not been resolved through the interpretations by City as described in 27
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 28
and convey understanding of all terms and conditions for performing and furnishing the 29
Work. 30
31
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 32
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 33
Paragraph 4.06 of the General Conditions, unless specifically identified in the Contract 34
Documents. 35
36
5. Availability of Lands for Work, Etc. 37
38
5.1. The lands upon which the Work is to be performed, rights-of-way and easements for 39
access thereto and other lands designated for use by Contractor in performing the Work 40
are identified in the Contract Documents. All additional lands and access thereto 41
required for temporary construction facilities, construction equipment or storage of 42
materials and equipment to be incorporated in the Work are to be obtained and paid for 43
by Contractor. Easements for permanent structures or permanent changes in existing 44
facilities are to be obtained and paid for by City unless otherwise provided in the 45
Contract Documents. 46
47
00 21 13 - 5
INSTRUCTIONS TO BIDDERS
Page 5 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 1
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-2
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 3
the award of contract at any time before the Bidder begins any construction work on the 4
project. 5
6
5.3. The Bidder shall be prepared to commence construction without all executed right-of-7
way, easements, and/or permits, and shall submit a schedule to the City of how 8
construction will proceed in the other areas of the project that do not require permits 9
and/or easements. 10
11
6. Interpretations and Addenda 12
13
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 14
City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 15
received after this day may not be responded to. Interpretations or clarifications 16
considered necessary by City in response to such questions will be issued by Addenda 17
delivered to all parties recorded by City as having received the Bidding Documents. 18
Only questions answered by formal written Addenda will be binding. Oral and other 19
interpretations or clarifications will be without legal effect. 20
21
Address questions to: 22
23
City of Fort Worth 24
Park & Recreation Department 25
4200 South Freeway, Suite 2200 26
Fort Worth, Texas 76115-1499 27
Attn: Bryan Lyness, RLA 28
Email: bryan.lyness@fortworthtexas.gov 29
Phone: 817-392-5728 30
31
32
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 33
City. 34
35
6.3. Addenda or clarifications may be posted via the City’s electronic document management 36
and collaboration system at: 37
https://docs.b360.autodesk.com/shares/0a00c302-32c2-4a68-95c4-96ca2c8f594f 38
39
40
6.4. A pre-bid conference may be held at the time and place indicated in the Advertisement 41
or INVITATION TO BIDDERS. Representatives of City will be present to discuss the 42
Project. Bidders are encouraged to attend and participate in the conference. City will 43
transmit to all prospective Bidders of record such Addenda as City considers necessary 44
in response to questions arising at the conference. Oral statements may not be relied 45
upon and will not be binding or legally effective. 46
47
48
49
50
00 21 13 - 6
INSTRUCTIONS TO BIDDERS
Page 6 of 10
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
7. Bid Security 1
2
7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 3
(5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 4
the requirements of Paragraphs 5.01 of the General Conditions. 5
6
7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 7
have been satisfied. If the Successful Bidder fails to execute and deliver the complete 8
Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 9
default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 10
Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 11
other Bidders whom City believes to have a reasonable chance of receiving the award 12
will be retained by City until final contract execution. 13
14
8. Contract Times 15
The number of days within which, or the dates by which, milestones are to be achieved in 16
accordance with the General Requirements and the Work is to be completed and ready for 17
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 18
attached Bid Form. 19
20
9. Liquidated Damages 21
Provisions for liquidated damages are set forth in the Agreement. 22
23
10. Substitute and "Or-Equal" Items 24
The Contract, if awarded, will be on the basis of materials and equipment described in the 25
Bidding Documents without consideration of possible substitute or "or-equal" items. 26
Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or-27
equal" item of material or equipment may be furnished or used by Contractor if acceptable to 28
City, application for such acceptance will not be considered by City until after the Effective 29
Date of the Agreement. The procedure for submission of any such application by Contractor 30
and consideration by City is set forth in Paragraphs 6.05A, 6.05B, and 6.05C of the General 31
Conditions and is supplemented in Section 01 25 00 of the General Requirements. 32
33
11. Subcontractors, Suppliers and Others 34
35
11.1. In accordance with the City’s Business Equity Ordinance No. 24534-11-2020 the 36
City has goals for the participation of minority business and/or women business 37
enterprises in City contracts. A copy of the Ordinance can be obtained from the 38
Office of the City Secretary. The Bidder shall submit the Business Equity Utilization 39
Form, Business Equity Prime Contractor Waiver Form and/or Good Faith Effort 40
Form with documentation and/or Business Equity Joint Venture Form, as 41
appropriate. The Forms including documentation must be received by the City no 42
later than 2:00 P.M. CST, on the second business day after the bid opening date. The 43
Bidder shall obtain a receipt from the City as evidence the documentation was 44
received. Failure to comply shall render the bid as non-responsive. 45
46
Business Equity Ordinance No. 24534-11-2020 47
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-48
%20MWBE/NEW%20Business%20Equity%20Ordinance/Ordinance%2024534-11-49
2020.pdf 50
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11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 1
or organization against whom Contractor has reasonable objection. 2
3
12. Bid Form 4
5
12.1. The Bid Form is included with the Bidding Documents; additional copies may be 6
obtained from the City. 7
8
12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 9
signed in ink. Erasures or alterations shall be initialed in ink by the person signing 10
the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 11
price item listed therein. In the case of optional alternatives, the words "No Bid," 12
"No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 13
written in ink in both words and numerals, for which the Bidder proposes to do the 14
work contemplated or furnish materials required. All prices shall be written legibly. 15
In case of discrepancy between price in written words and the price in written 16
numerals, the price in written words shall govern. 17
18
12.3. Bids by corporations shall be executed in the corporate name by the president or a 19
vice-president or other corporate officer accompanied by evidence of authority to 20
sign. The corporate seal shall be affixed. The corporate address and state of 21
incorporation shall be shown below the signature. 22
23
12.4. Bids by partnerships shall be executed in the partnership name and signed by a 24
partner, whose title must appear under the signature accompanied by evidence of 25
authority to sign. The official address of the partnership shall be shown below the 26
signature. 27
28
12.5. Bids by limited liability companies shall be executed in the name of the firm by a 29
member and accompanied by evidence of authority to sign. The state of formation of 30
the firm and the official address of the firm shall be shown. 31
32
12.6. Bids by individuals shall show the Bidder's name and official address. 33
34
12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 35
on the Bid Form. The official address of the joint venture shall be shown. 36
37
12.8. All names shall be typed or printed in ink below the signature. 38
39
12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 40
which shall be filled in on the Bid Form. 41
42
12.10. Postal and e-mail addresses and telephone number for communications regarding the 43
Bid shall be shown. 44
45
12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 46
Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance 47
to State Law Non Resident Bidder. 48
49
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13. Submission of Bids 1
Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 2
at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 3
addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 4
marked with the City Project Number, Project title, the name and address of Bidder, and 5
accompanied by the Bid security and other required documents. If the Bid is sent through the 6
mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope 7
with the notation "BID ENCLOSED" on the face of it. 8
9
14. Modification and Withdrawal of Bids 10
11
14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 12
withdrawn prior to the time set for bid opening. A request for withdrawal must be 13
made in writing by an appropriate document duly executed in the manner that a Bid 14
must be executed and delivered to the place where Bids are to be submitted at any 15
time prior to the opening of Bids. After all Bids not requested for withdrawal are 16
opened and publicly read aloud, the Bids for which a withdrawal request has been 17
properly filed may, at the option of the City, be returned unopened. 18
19
14.2. Bidders may modify their Bid by electronic communication at any time prior to the 20
time set for the closing of Bid receipt. 21
22
15. Opening of Bids 23
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 24
abstract of the amounts of the base Bids and major alternates (if any) will be made available 25
to Bidders after the opening of Bids. 26
27
16. Bids to Remain Subject to Acceptance 28
All Bids will remain subject to acceptance for the time period specified for Notice of Award 29
and execution and delivery of a complete Agreement by Successful Bidder. City may, at 30
City's sole discretion, release any Bid and nullify the Bid security prior to that date. 31
32
17. Evaluation of Bids and Award of Contract 33
34
17.1. City reserves the right to reject any or all Bids, including without limitation the rights 35
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 36
and to reject the Bid of any Bidder if City believes that it would not be in the best 37
interest of the Project to make an award to that Bidder, whether because the Bid is 38
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 39
meet any other pertinent standard or criteria established by City. City also reserves 40
the right to waive informalities not involving price, contract time or changes in the 41
Work with the Successful Bidder. Discrepancies between the multiplication of units 42
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 43
between the indicated sum of any column of figures and the correct sum thereof will 44
be resolved in favor of the correct sum. Discrepancies between words and figures 45
will be resolved in favor of the words. 46
47
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Temporarily Revised/Updated January 05, 2021 due to COVID19 Emergency Capital Projects No. 101592 & 101875
17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 1
among the Bidders, Bidder is an interested party to any litigation against City, 2
City or Bidder may have a claim against the other or be engaged in litigation, 3
Bidder is in arrears on any existing contract or has defaulted on a previous 4
contract, Bidder has performed a prior contract in an unsatisfactory manner, or 5
Bidder has uncompleted work which in the judgment of the City will prevent or 6
hinder the prompt completion of additional work if awarded. 7
8
17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 9
other persons and organizations proposed for those portions of the Work as to which 10
the identity of Subcontractors, Suppliers, and other persons and organizations must 11
be submitted as provided in the Contract Documents or upon the request of the City. 12
City also may consider the operating costs, maintenance requirements, performance 13
data and guarantees of major items of materials and equipment proposed for 14
incorporation in the Work when such data is required to be submitted prior to the 15
Notice of Award. 16
17
17.3. City may conduct such investigations as City deems necessary to assist in the 18
evaluation of any Bid and to establish the responsibility, qualifications, and financial 19
ability of Bidders, proposed Subcontractors, Suppliers and other persons and 20
organizations to perform and furnish the Work in accordance with the Contract 21
Documents to City's satisfaction within the prescribed time. 22
23
17.4. Contractor shall perform with his own organization, work of a value not less than 24
35% of the value embraced on the Contract, unless otherwise approved by the City. 25
26
17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 27
responsive Bidder whose evaluation by City indicates that the award will be in the 28
best interests of the City. 29
30
17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 31
contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than 32
the lowest bid submitted by a responsible Texas Bidder by the same amount that a 33
Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 34
comparable contract in the state in which the nonresident’s principal place of 35
business is located. 36
37
17.7. A contract is not awarded until formal City Council authorization. If the Contract is 38
to be awarded, City will award the Contract within 90 days after the day of the Bid 39
opening unless extended in writing. No other act of City or others will constitute 40
acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 41
the City. 42
43
17.7.1. The contractor is required to fill out and sign the Certificate of Interested 44
Parties Form 1295 and the form must be submitted to the Project Manager 45
before the contract will be presented to the City Council. The form can be 46
obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 47
48
17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 49
50
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18. Signing of Agreement 1
2
18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 3
by the required number of unsigned counterparts of the Agreement. Within 14 days 4
thereafter Contractor shall sign and deliver the required number of counterparts of the 5
Agreement to City with the required Bonds, Certificates of Insurance, and all other 6
required documentation. 7
8
18.2. Failure to execute a duly awarded contact may subject the Contractor to penalties. 9
10
18.3. City shall thereafter deliver one fully signed counterpart to Contractor. 11
12
END OF SECTION 13
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
SECTION 00 31 15 1
ENGINEER PROJECT SCHEDULE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General requirements for the preparation, submittal, updating, status reporting and 6
management of the Engineer’s Project Schedule 7
B. Deviations from this City of Fort Worth Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 1 – General Requirements 11
D. Purpose 12
The City of Fort Worth (City) is committed to delivering quality, cost-effective 13
infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a 14
properly structured schedule with accurate updates. This supports effective monitoring 15
of progress and is input to critical decision making by the project manager throughout 16
the life of the project. Data from the updated project schedule is utilized in status 17
reporting to various levels of the City organization and the citizenry. 18
19
This document complements the City's Standard Agreement to guide the Engineer in 20
preparing and submitting acceptable schedules for use by the City in project delivery. 21
The expectation is the performance of the work follows the accepted schedule and 22
adheres to the contractual timeline. 23
24
The Engineer will designate a qualified representative (Project Scheduler) responsible 25
for developing and updating the schedule and preparing status reporting as required by 26
the City. 27
28
1.2 PRICE AND PAYMENT PROCEDURES 29
A. Measurement and Payment 30
1. Work associated with this Item is considered part of professional services and 31
Engineer will be compensated in accordance with the schedule of rates. 32
2. Non-compliance with this specification is grounds for City to withhold payment of 33
the Engineer’s invoices until Engineer achieves said compliance. 34
35
1.3 REFERENCES 36
A. Project Schedules 37
Each project is represented by the City’s master project schedule that encompasses the 38
entire scope of activities envisioned by the City to properly deliver the work. When the 39
City contracts with an Engineer to perform engineering and design services, the 40
Engineer will develop and maintain a schedule for their scope of work in alignment 41
with the City’s schedule requirements as defined herein. The data and information of 42
each such schedule will be leveraged and become integral in the master project 43
schedule as deemed appropriate by the City’s Project Control Specialist and approved 44
by the City’s Project Manager. 45
46
1. Master Project Schedule 47
The master project schedule is a holistic representation of the scheduled activities 48
and milestones for the total project and be Critical Path Method (CPM) based. The 49
City’s Project Manager is accountable for oversight of the development and 50
maintaining a master project schedule for each project. When the City contracts for 51
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Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
the design and/or construction of the project, the master project schedule will 1
incorporate elements of the Design and Construction schedules as deemed 2
appropriate by the City’s Project Control Specialist. The assigned City Project 3
Control Specialist creates and maintains the master project schedule in P6 (City’s 4
scheduling software). 5
6
2. Engineer’s Schedule 7
The Engineer is responsible for developing and maintaining a schedule for the scope 8
of their contractual requirements. The Engineer will issue an initial schedule for 9
review and acceptance by the City’s Project Control Specialist and the City’s Project 10
Manager, as a baseline schedule for Engineer’s scope of work. Engineer will issue 11
current, accurate updates of their schedule (Progress Schedule) to the City at the end 12
of each month throughout the life of their work. 13
14
B. Schedule Tiers 15
The City has a portfolio of projects that vary widely in size, complexity and content 16
requiring different scheduling to effectively deliver each project. The City uses a 17
“tiered” approach to align the proper schedule with the criteria for each project. The 18
City's Project Manager determines the appropriate schedule tier for each project, and 19
includes that designation and the associated requirements in the Engineer’s scope of 20
work. The following is a summary of the “tiers”. 21
22
1. Tier 1: Small Size and Short Duration Project (design not required) 23
The City develops and maintains a Master Project Schedule for the project. No 24
schedule submittal is required from Engineer. City’s Project Control Specialist 25
acquires any necessary schedule status data or information through discussions with 26
the respective party on an as-needed basis. 27
28
2. Tier 2: Small Size and Short to Medium Duration Project 29
The City develops and maintains a Master Project Schedule for the project. The 30
Engineer identifies “start” and “finish” milestone dates on key elements of their work 31
as agreed with the City’s Project Manager at the kickoff of their work effort. The 32
Engineer issues to the City, updates to the “start” and “finish” dates for such 33
milestones at the end of each month throughout the life of their work on the project. 34
35
3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration 36
The City develops and maintains a Master Project Schedule for the project. The 37
Engineer develops a Baseline Schedule and maintains the schedule of their respective 38
scope of work on the project at a level of detail (generally Level 3) and in alignment 39
with the WBS structure in Section 1.4.H as agreed by the Project Manager. The 40
Engineer issues to the City, updates of their respective schedule (Progress Schedule) 41
at the end of each month throughout the life of their work on the project. 42
C. Schedule Types 43
Project delivery for the City utilizes two types of schedules as noted below. The City 44
develops and maintains a Master Project Schedule as a “baseline” schedule and issue 45
monthly updates to the City Project Manager (end of each month) as a “progress” 46
schedule. The Engineer prepares and submits each schedule type listed below to fulfill 47
their contractual requirements. 48
49
1. Baseline Schedule 50
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The Engineer develops and submits to the City an initial schedule for their work in 1
alignment with this specification. Once reviewed and accepted by the City, it 2
becomes the “Baseline” schedule and is the basis against which all progress is 3
measured. The baseline schedule will be updated when there is a change or addition 4
to the scope of work impacting the duration of the work, and only after receipt of a 5
duly authorized amendment issued by the City. In the event progress is significantly 6
behind schedule, the City’s Project Manager may authorize the updating of the 7
schedule to facilitate a more practical evaluation of progress. An example of a 8
Baseline Schedule is provided in Specification 00 31 15.1 Engineer Project 9
Schedule – Baseline Example. 10
11
12
2. Progress Schedule 13
The Engineer updates their schedule at the end of each month to represent the 14
progress achieved in the work which includes any impact from authorized changes 15
in the work. The updated schedule must accurately reflect the current status of the 16
work at that point in time and is referred to as the “Progress Schedule”. The City’s 17
Project Manager and Project Control Specialist reviews and accepts each progress 18
schedule. In the event a progress schedule is deemed not acceptable, the 19
unacceptable issues are identified by the City within 5 working days and the 20
Engineer must provide an acceptable progress schedule within 5 working days after 21
receipt of non-acceptance notification. An example of a Progress Schedule is 22
provided in Specification 00 31 15.2 Engineer Project Schedule – Progress 23
Example. 24
25
26
1.4 CITY STANDARD SCHEDULE REQUIREMENTS 27
The following is an overview of the methodology for developing and maintaining a 28
schedule for delivery of a project. 29
30
A. Schedule Framework 31
The schedule will be based on the defined scope of work and follow the (Critical Path 32
Methodology) CPM method. The Engineer’s schedule will align with the requirements of 33
this specification and be resource loaded to reflect their plan for execution. Overall 34
schedule duration will align with the contractual requirements for the respective scope of 35
work and be reflected in City’s Master Project Schedule. The Project Number and Name 36
of the Project is required on each schedule and must match the City’s project data. 37
38
B. Schedule File Name 39
All schedules submitted to the City for a project will have a file name that begins with the 40
City’s project number followed by the name of the project followed by baseline (if a 41
baseline schedule) or the year and month (if a progress schedule), as shown below. 42
43
Baseline Schedule File Name 44
Format: City Project Number_Project Name_Baseline 45
Example: 101376_North Montgomery Street HMAC_Baseline 46
47
Progress Schedule File Name 48
Format: City Project Number_Project Name_YYYY-MM 49
Example: 101376_North Montgomery Street HMAC_2018_01 50
51
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
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Project Schedule Progress Narrative File Name 1
Format: City Project Number_Project Name_PN_YYYY-MM 2
Example: 101376_North Montgomery Street HMAC_PN_2018_01 3
4
C. Schedule Templates 5
The Engineer will utilize the relevant sections from the City’s templates provided in the 6
City’s document management system as the basis for creating their respective project 7
schedule. Specifically, the Engineer’s schedule will align with the layout of the “Design” 8
and “ROW & Easement” and “utility” sections. The templates are identified by type of 9
project as noted below. 10
Arterials 11
Aviation 12
Neighborhood Streets 13
Sidewalks (later) 14
Quiet Zones (later) 15
Street Lights (later) 16
Intersection Improvements (later) 17
Parks 18
Storm water 19
Street Maintenance 20
Traffic 21
Water 22
23
D. Schedule Calendar 24
The City’s standard calendar for schedule development purposes is based on a 5-day 25
workweek and accounts for the City’s eight standard holidays (New Years, Martin Luther 26
King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, 27
Christmas). The Engineer will establish a schedule calendar as part of the schedule 28
development process and provide to the Project Control Specialist as part of the basis for 29
their schedule. Variations between the City’s calendar and the Engineer’s calendar must 30
be resolved prior to the City’s acceptance of their Baseline project schedule. 31
32
E. WBS & Milestone Standards for Schedule Development 33
The scope of work to be accomplished by the Engineer is represented in the schedule in 34
the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 35
development of the schedule activities and shall be imbedded and depicted in the 36
schedule. 37
38
The following is a summary of the standards to be followed in preparing and maintaining 39
a schedule for project delivery. 40
41
1. Engineer is required to utilize the City’s WBS structure and respective project type 42
template for “Design”, “ROW & Easements” and “Utilities” as shown in Section 43
1.4.H below. Additional activities may be added to Levels 1 - 4 to accommodate the 44
needs of the organization executing the work. 45
46
2. Engineer is required to adhere to the City’s Standard Milestones as shown in Section 47
1.4.I below. Engineer will include additional milestones representing intermediate 48
deliverables as required to accurately reflect the work. 49
50
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F. Schedule Activities 1
Activities are the discrete elements of work that make up the schedule. They will be 2
organized under the umbrella of the WBS. Activity descriptions should adequately 3
describe the activity, and in some cases the extent of the activity. All activities are 4
logically tied with a predecessor and a successor. The only exception to this rule is for 5
“project start” and “project finish” milestones. 6
7
The activity duration is based on the physical amount of work to be performed for the 8
stated activity, with a maximum duration of 20 working days. If the work for any one 9
activity exceeds 20 days, break that activity down incrementally to achieve this duration 10
constraint. Any exception to this requires review and acceptance by the City’s Project 11
Control Specialist. 12
13
G. Amendment 14
When an Amendment is issued by the City, the impact is incorporated into the previously 15
accepted baseline schedule as an update, to same to clearly show impact to the project 16
timeline. The Engineer submits this updated baseline schedule to the City for review and 17
acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the 18
following: 19
20
1. Time extensions associated with approved contract modifications are limited to the 21
actual amount of time the project activities are anticipated to be delayed, unless 22
otherwise approved by the Program Manager. 23
24
2. The updated baseline schedule is submitted by the Engineer within ten workdays 25
after receipt of the Amendment. 26
27
3. The changes in logic or durations approved by the City are used to analyze the impact 28
of the change and is included in the Amendment. The coding for a new activity(s) 29
added to the schedule due to the Amendment includes the Amendment number in the 30
Activity ID. Use as many activities as needed to accurately show the work of the 31
Amendment. Revisions to the baseline schedule are not effective until accepted by 32
the City. 33
34
H. City’s Work Breakdown Structure 35
36
WBS Code WBS Name 37
XXXXXX Project Name 38
XXXXXX.30 Design 39
XXXXXX.30.10 Design Engineer Agreement 40
XXXXXX.30.20 Conceptual Design (30%) 41
XXXXXX.30.30 Preliminary Design (60%) 42
XXXXXX.30.40 Final Design 43
XXXXXX.30.50 Environmental 44
XXXXXX.30.60 Permits 45
XXXXXX.30.60.10 Permits - Identification 46
XXXXXX.30.60.20 Permits - Review/Approve 47
XXXXXX.40 ROW & Easements 48
XXXXXX.40.10 ROW Negotiations 49
XXXXXX.40.20 Condemnation 50
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XXXXXX.70 Utility Relocation 1
XXXXXX.70.10 Utility Relocation Co-ordination 2
XXXXXX.80 Construction 3
XXXXXX.80.81 Bid and Award 4
XXXXXX.80.83 Construction Execution 5
XXXXXX.80.85 Inspection 6
XXXXXX.80.86 Landscaping 7
XXXXXX.90 Closeout 8
XXXXXX.90.10 Construction Contract Close-out 9
XXXXXX.90.40 Design Contract Closeout 10
11
I. City’s Standard Milestones 12
The following milestone activities (i.e., important events on a project that mark critical 13
points in time) are of particular interest to the City and must be reflected in the project 14
schedule for all phases of work. 15
16
Activity ID Activity Name 17
Design 18
3020 Award Design Agreement 19
3040 Issue Notice To Proceed - Design Engineer 20
3100 Design Kick-off Meeting 21
3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, 22
Water & Sewer 23
3150 Peer Review Meeting/Design Review meeting (technical) 24
3160 Conduct Design Public Meeting #1 (required) 25
3170 Conceptual Design Complete 26
3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, 27
Parks, Storm Water, Water & Sewer 28
3250 Conduct Design Public Meeting #2 (required) 29
3260 Preliminary Design Complete 30
3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, 31
Water & Sewer 32
3330 Conduct Design Public Meeting #3 (if required) 33
3360 Final Design Complete 34
ROW & Easements 35
4000 Right of Way Start 36
4230 Right of Way Complete 37
Utility Relocation 38
7000 Utilities Start 39
7120 Utilities Cleared/Complete 40
Construction 41
Bid and Award 42
8110 Start Advertisement 43
8150 Conduct Bid Opening 44
8240 Award Construction Contract 45
Construction Execution 46
8330 Conduct Construction Public Meeting #4 Pre-Construction 47
8350 Construction Start 48
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
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8370 Substantial Completion 1
8540 Construction Completion 2
9130 Notice of Completion/Green Sheet 3
9150 Construction Contract Closed 4
9420 Design Contract Closed 5
1.5 SUBMITTALS 6
A. Schedule Submittal & Review 7
The City’s Project Manager is responsible for reviews and acceptance of the Engineer’s 8
schedule. The City’s Project Control Specialist is responsible for ensuring alignment of 9
the Engineer’s baseline and progress schedules with the Master Project Schedule as 10
support to the City’s Project Manager. The City reviews and accepts or rejects the 11
schedule within ten workdays of Engineer’s submittal. 12
13
1. Schedule Format 14
The Engineer will submit each schedule in two electronic forms, one in native file 15
format (.xer, .xml, .mpx) and the second in a pdf format, in the City’s document 16
management system in the location dedicated for this purpose and identified by the 17
Project Manager. In the event the Engineer does not use Primavera P6 or MS Project 18
for scheduling purposes, the schedule information must be submitted in .xls or .xlsx 19
format in compliance with the sample layout (See Specification 00 31 15.1 Engineer 20
Project Schedule Baseline Example), including activity predecessors, successors, and 21
total float. 22
23
2. Initial & Baseline Schedule 24
The Engineer will develop their schedule for their scope of work and submit their 25
initial schedule in electronic form (in the file formats noted above), in the City’s 26
document management system in the location dedicated for this purpose within ten 27
workdays of the Notice of Award. 28
29
The City’s Project Manager and Project Control Specialist review this initial schedule 30
to determine alignment with the City’s Master Project Schedule, including format & 31
WBS structure. Following the City’s review, feedback is provided to the Engineer for 32
their use in finalizing their initial schedule and issuing (within five workdays) their 33
Baseline Schedule for final review and acceptance by the City. 34
35
3. Progress Schedule 36
The Engineer will update and issue their project schedule (Progress Schedule) by the 37
last day of each month throughout the life of their work on the project. The Progress 38
Schedule is submitted in electronic form as noted above, in the City’s document 39
management system in the location dedicated for this purpose. 40
41
The City’s Project Control team reviews each Progress Schedule for data and 42
information that support the assessment of the update to the schedule. In the event 43
data or information is missing or incomplete, the Project Controls Specialist 44
communicates directly with the Engineer’s scheduler for providing same. The 45
Engineer re-submits the corrected Progress Schedule within 5 workdays, following the 46
submittal process noted above. The City’s Project Manager and Project Control 47
Specialist review the Engineer’s progress schedule for acceptance and to monitor 48
performance and progress. 49
50
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
The following list of items are required to ensure proper status information is contained in 1
the Progress Schedule (See Specification 00 31 15.2 Engineer Project Schedule Progress 2
Example). 3
Baseline Start date 4
Baseline Finish Date 5
% Complete 6
Float 7
Activity Logic (dependencies) 8
Critical Path 9
Activities added or deleted 10
Expected Finish date 11
Variance to the Baseline Finish Date 12
13
B. Monthly Engineer Status Report 14
The Engineer submits a written status report (referred to as a progress narrative) at the 15
end of each month to accompany the Progress Schedule submittal, using the standard 16
format provided in Specification 00 31 15.3 Engineer Project Schedule Progress 17
Narrative. The content of the Monthly Engineer Status Report should be concise and 18
complete to: 19
Reflect the current status of the work for the reporting period (including actual 20
activities started and/or completed during the reporting period) 21
Explain variances from the baseline on critical path activities 22
Explain any potential schedule conflicts or delays 23
Describe recovery plans where appropriate 24
Provide a summary forecast of the work to be achieved in the next reporting period. 25
26
C. Submittal Process 27
Schedules and Monthly Engineer Status Reports are submitted in Buzzsaw following 28
the steps outlined in Specification 00 32 15.4 Engineer Project Schedule Submittal 29
Process. 30
Once the project has been completed and Final Acceptance has been issued by the 31
City, no further progress schedules or monthly status reports are required from the 32
Engineer. 33
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 34
1.7 CLOSEOUT SUBMITTALS [NOT USED] 35
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 36
1.9 QUALITY ASSURANCE 37
A. The person preparing and revising the Engineer’s Project Schedule shall be experienced 38
in the preparation of schedules of similar complexity. 39
B. Schedule and supporting documents addressed in this Specification shall be prepared, 40
updated and revised to accurately reflect the performance of the Engineer’s scope of 41
work. 42
C. The Engineer is responsible for the quality of all submittals in this section meeting the 43
standard of care for the construction industry for similar projects. 44
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 45
1.11 FIELD [SITE] CONDITIONS [NOT USED] 46
1.12 WARRANTY [NOT USED] 47
1.13 ATTACHMENTS 48
Spec 00 31 15.1 Engineer Project Schedule Baseline Example 49
00 31 15 - 0
ENGINEER PROJECT SCHEDULE
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
Spec 00 31 15.2 Engineer Project Schedule Progress Example 1
Spec 00 31 15.3 Engineer Project Schedule Progress Narrative 2
Spec 00 31 15.4 Engineer Project Schedule Submittal Process 3
4
PART 2 - PRODUCTS [NOT USED] 5
PART 3 - EXECUTION [NOT USED] 6
END OF SECTION 7
8
9
10
11
12
13
14
15
16
17
18
19
Revision Log
DATE NAME SUMMARY OF CHANGE
July 20, 2018 M. Jarrell Initial Issue
20
00 32 15 - 0
CONSTRUCTION PROGRESS SCHEDULE
Page 1 of 9
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
SECTION 00 32 15 1
CONSTRUCTION PROJECT SCHEDULE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General requirements for the preparation, submittal, updating, status reporting and 6
management of the Construction Project Schedule 7
B. Deviations from this City of Fort Worth Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
D. Purpose 13
The City of Fort Worth (City) is committed to delivering quality, cost-effective 14
infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a 15
properly structured schedule with accurate updates. This supports effective monitoring 16
of progress and is input to critical decision making by the project manager throughout 17
the life of the project. Data from the updated project schedule is utilized in status 18
reporting to various levels of the City organization and the citizenry. 19
20
This Document complements the City's Standard Agreement to guide the construction 21
contractor (Contractor) in preparing and submitting acceptable schedules for use by the 22
City in project delivery. The expectation is the performance of the work follows the 23
accepted schedule and adhere to the contractual timeline. 24
25
The Contractor will designate a qualified representative (Project Scheduler) responsible 26
for developing and updating the schedule and preparing status reporting as required by 27
the City. 28
29
1.2 PRICE AND PAYMENT PROCEDURES 30
A. Measurement and Payment 31
1. Work associated with this Item is considered subsidiary to the various items bid. 32
No separate payment will be allowed for this Item. 33
2. Non-compliance with this specification is grounds for City to withhold payment of 34
the Contractor’s invoices until Contractor achieves said compliance. 35
1.3 REFERENCES 36
A. Project Schedules 37
Each project is represented by City’s master project schedule that encompasses the 38
entire scope of activities envisioned by the City to properly deliver the work. When the 39
City contracts with a Contractor to perform construction of the Work, the Contractor 40
will develop and maintain a schedule for their scope of work in alignment with the 41
City’s standard schedule requirements as defined herein. The data and information of 42
each such schedule will be leveraged and become integral in the master project 43
schedule as deemed appropriate by the City’s Project Control Specialist and approved 44
by the City’s Project Manager. 45
46
1. Master Project Schedule 47
The master project schedule is a holistic representation of the scheduled activities 48
and milestones for the total project and be Critical Path Method (CPM) based. The 49
City’s Project Manager is accountable for oversight of the development and 50
maintaining a master project schedule for each project. When the City contracts for 51
00 32 15 - 0
CONSTRUCTION PROGRESS SCHEDULE
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
the design and/or construction of the project, the master project schedule will 1
incorporate elements of the Design and Construction schedules as deemed 2
appropriate by the City’s Project Control Specialist. The assigned City Project 3
Control Specialist creates and maintains the master project schedule in P6 (City’s 4
scheduling software). 5
6
2. Construction Schedule 7
The Contractor is responsible for developing and maintaining a schedule for the 8
scope of the Contractor’s contractual requirements. The Contractor will issue an 9
initial schedule for review and acceptance by the City’s Project Control Specialist 10
and the City’s Project Manager as a baseline schedule for Contractor’s scope of 11
work. Contractor will issue current, accurate updates of their schedule (Progress 12
Schedule) to the City at the end of each month throughout the life of their work. 13
14
B. Schedule Tiers 15
The City has a portfolio of projects that vary widely in size, complexity and content 16
requiring different scheduling to effectively deliver each project. The City uses a 17
“tiered” approach to align the proper schedule with the criteria for each project. The 18
City's Project Manager determines the appropriate schedule tier for each project, and 19
includes that designation and the associated requirements in the Contractor’s scope of 20
work. The following is a summary of the “tiers”. 21
22
1. Tier 1: Small Size and Short Duration Project (design not required) 23
The City develops and maintains a Master Project Schedule for the project. No 24
schedule submittal is required from Contractor. City’s Project Control Specialist 25
acquires any necessary schedule status data or information through discussions with 26
the respective party on an as-needed basis. 27
28
2. Tier 2: Small Size and Short to Medium Duration Project 29
The City develops and maintains a Master Project Schedule for the project. The 30
Contractor identifies “start” and “finish” milestone dates on key elements of their 31
work as agreed with the City’s Project Manager at the kickoff of their work effort. 32
The Contractor issues to the City, updates to the “start” and “finish” dates for such 33
milestones at the end of each month throughout the life of their work on the project. 34
35
3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration 36
The City develops and maintains a Master Project Schedule for the project. The 37
Contractor develops a Baseline Schedule and maintains the schedule of their 38
respective scope of work on the project at a level of detail (generally Level 3) and in 39
alignment with the WBS structure in Section 1.4.H as agreed by the Project Manager. 40
The Contractor issues to the City, updates of their respective schedule (Progress 41
Schedule) at the end of each month throughout the life of their work on the project. 42
C. Schedule Types 43
Project delivery for the City utilizes two types of schedules as noted below. The City 44
develops and maintains a Master Project Schedule as a “baseline” schedule and issue 45
monthly updates to the City Project Manager (end of each month) as a “progress” 46
schedule. The Contractor prepares and submits each schedule type to fulfill their 47
contractual requirements. 48
49
1. Baseline Schedule 50
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
The Contractor develops and submits to the City, an initial schedule for their scope 1
of work in alignment with this specification. Once reviewed and accepted by the 2
City, it becomes the “Baseline” schedule and is the basis against which all progress 3
is measured. The baseline schedule will be updated when there is a change or 4
addition to the scope of work impacting the duration of the work, and only after 5
receipt of a duly authorized change order issued by the City. In the event progress is 6
significantly behind schedule, the City’s Project Manager may authorize an update 7
to the baseline schedule to facilitate a more practical evaluation of progress. An 8
example of a Baseline Schedule is provided in Specification 00 32 15.1 9
Construction Project Schedule Baseline Example. 10
11
2. Progress Schedule 12
The Contractor updates their schedule at the end of each month to represent the 13
progress achieved in the work which includes any impact from authorized changes 14
in the work. The updated schedule must accurately reflect the current status of the 15
work at that point in time and is referred to as the “Progress Schedule”. The City’s 16
Project Manager and Project Control Specialist reviews and accepts each progress 17
schedule. In the event a progress schedule is deemed not acceptable, the 18
unacceptable issues are identified by the City within 5 working days and the 19
Contractor must provide an acceptable progress schedule within 5 working days 20
after receipt of non-acceptance notification. An example of a Progress Schedule is 21
provided in Specification 00 32 15.2 Construction Project Schedule Progress 22
Example. 23
24
1.4 CITY STANDARD SCHEDULE REQUIREMENTS 25
The following is an overview of the methodology for developing and maintaining a 26
schedule for delivery of a project. 27
28
A. Schedule Framework 29
The schedule will be based on the defined scope of work and follow the (Critical Path 30
Methodology) CPM method. The Contractor’s schedule will align with the requirements 31
of this specification and will be cost loaded to reflect their plan for execution. Overall 32
schedule duration will align with the contractual requirements for the respective scope of 33
work and be reflected in City’s Master Project Schedule. The Project Number and Name 34
of the Project is required on each schedule and must match the City’s project data. 35
36
B. Schedule File Name 37
All schedules submitted to the City for a project will have a file name that begins with the 38
City’s project number followed by the name of the project followed by baseline (if a 39
baseline schedule) or the year and month (if a progress schedule), as shown below. 40
41
Baseline Schedule File Name 42
Format: City Project Number_Project Name_Baseline 43
Example: 101376_North Montgomery Street HMAC_Baseline 44
45
Progress Schedule File Name 46
Format: City Project Number_Project Name_YYYY-MM 47
Example: 101376_North Montgomery Street HMAC_2018_01 48
49
Project Schedule Progress Narrative File Name 50
Format: City Project Number_Project Name_PN_YYYY-MM 51
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
Example: 101376_North Montgomery Street HMAC_PN_2018_01 1
2
C. Schedule Templates 3
The Contractor will utilize the relevant sections from the City’s templates provided in the 4
City’s document management system as the basis for creating their respective project 5
schedule. Specifically, the Contractor’s schedule will align with the layout of the 6
Construction section. The templates are identified by type of project as noted below. 7
Arterials 8
Aviation 9
Neighborhood Streets 10
Sidewalks (later) 11
Quiet Zones (later) 12
Street Lights (later) 13
Intersection Improvements (later) 14
Parks 15
Storm water 16
Street Maintenance 17
Traffic 18
Water 19
20
D. Schedule Calendar 21
The City’s standard calendar for schedule development purposes is based on a 5-day 22
workweek and accounts for the City’s eight standard holidays (New Years, Martin Luther 23
King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, 24
Christmas). The Contractor will establish a schedule calendar as part of the schedule 25
development process and provide to the Project Control Specialist as part of the basis for 26
their schedule. Variations between the City’s calendar and the Contractor’s calendar 27
must be resolved prior to the City’s acceptance of their Baseline project schedule. 28
29
E. WBS & Milestone Standards for Schedule Development 30
The scope of work to be accomplished by the Contractor is represented in the schedule in 31
the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 32
development of the schedule activities and shall be imbedded and depicted in the 33
schedule. 34
35
The following is a summary of the standards to be followed in preparing and maintaining 36
a schedule for project delivery. 37
38
1. Contractor is required to utilize the City’s WBS structure and respective project type 39
template for “Construction” as shown in Section 1.4.H below. Additional activities 40
may be added to Levels 1 - 4 to accommodate the needs of the organization executing 41
the work. Specifically the Contractor will add activities under WBS XXXXXX.80.83 42
“Construction Execution” that delineates the activities associated with the various 43
components of the work. 44
45
2. Contractor is required to adhere to the City’s Standard Milestones as shown in 46
Section 1.4.I below. Contractor will include additional milestones representing 47
intermediate deliverables as required to accurately reflect their scope of work. 48
49
F. Schedule Activities 50
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
Activities are the discrete elements of work that make up the schedule. They will be 1
organized under the umbrella of the WBS. Activity descriptions should adequately 2
describe the activity, and in some cases the extent of the activity. All activities are 3
logically tied with a predecessor and a successor. The only exception to this rule is for 4
“project start” and “project finish” milestones. 5
6
The activity duration is based on the physical amount of work to be performed for the 7
stated activity, with a maximum duration of 20 working days. If the work for any one 8
activity exceeds 20 days, break that activity down incrementally to achieve this duration 9
constraint. Any exception to this requires review and acceptance by the City’s Project 10
Control Specialist. 11
12
G. Change Orders 13
When a Change Order is issued by the City, the impact is incorporated into the previously 14
accepted baseline schedule as an update, to clearly show impact to the project timeline. 15
The Contractor submits this updated baseline schedule to the City for review and 16
acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the 17
following: 18
19
1. Time extensions associated with approved contract modifications are limited to the 20
actual amount of time the project activities are anticipated to be delayed, unless 21
otherwise approved by the Program Manager. 22
23
2. The re-baselined schedule is submitted by the Contractor within ten workdays after 24
the date of receipt of the approved Change Order. 25
26
3. The changes in logic or durations approved by the City are used to analyze the impact 27
of the change and is included in the Change Order. The coding for a new activity(s) 28
added to the schedule for the Change Order includes the Change Order number in the 29
Activity ID. Use as many activities as needed to accurately show the work of the 30
Change Order. Revisions to the baseline schedule are not effective until accepted by 31
the City. 32
33
34
H. City’s Work Breakdown Structure 35
36
WBS Code WBS Name 37
XXXXXX Project Name 38
XXXXXX.30 Design 39
XXXXXX.30.10 Design Contractor Agreement 40
XXXXXX.30.20 Conceptual Design (30%) 41
XXXXXX.30.30 Preliminary Design (60%) 42
XXXXXX.30.40 Final Design 43
XXXXXX.30.50 Environmental 44
XXXXXX.30.60 Permits 45
XXXXXX.30.60.10 Permits - Identification 46
XXXXXX.30.60.20 Permits - Review/Approve 47
XXXXXX.40 ROW & Easements 48
XXXXXX.40.10 ROW Negotiations 49
XXXXXX.40.20 Condemnation 50
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
XXXXXX.70 Utility Relocation 1
XXXXXX.70.10 Utility Relocation Co-ordination 2
XXXXXX.80 Construction 3
XXXXXX.80.81 Bid and Award 4
XXXXXX.80.83 Construction Execution 5
XXXXXX.80.85 Inspection 6
XXXXXX.80.86 Landscaping 7
XXXXXX.90 Closeout 8
XXXXXX.90.10 Construction Contract Close-out 9
XXXXXX.90.40 Design Contract Closure 10
11
12
I. City’s Standard Milestones 13
The following milestone activities (i.e., important events on a project that mark critical 14
points in time) are of particular interest to the City and must be reflected in the project 15
schedule for all phases of work. 16
17
Activity ID Activity Name 18
Design 19
3020 Award Design Agreement 20
3040 Issue Notice To Proceed - Design Engineer 21
3100 Design Kick-off Meeting 22
3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, 23
Water & Sewer 24
3150 Peer Review Meeting/Design Review meeting (technical) 25
3160 Conduct Design Public Meeting #1 (required) 26
3170 Conceptual Design Complete 27
3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, 28
Parks, Storm Water, Water & Sewer 29
3250 Conduct Design Public Meeting #2 (required) 30
3260 Preliminary Design Complete 31
3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, 32
Water & Sewer 33
3330 Conduct Design Public Meeting #3 (if required) 34
3360 Final Design Complete 35
ROW & Easements 36
4000 Right of Way Start 37
4230 Right of Way Complete 38
Utility Relocation 39
7000 Utilities Start 40
7120 Utilities Cleared/Complete 41
Construction 42
Bid and Award 43
8110 Start Advertisement 44
8150 Conduct Bid Opening 45
8240 Award Construction Contract 46
Construction Execution 47
8330 Conduct Construction Public Meeting #4 Pre-Construction 48
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CONSTRUCTION PROGRESS SCHEDULE
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
8350 Construction Start 1
8370 Substantial Completion 2
8540 Construction Completion 3
9130 Notice of Completion/Green Sheet 4
9150 Construction Contract Closed 5
9420 Design Contract Closed 6
1.5 SUBMITTALS 7
A. Schedule Submittal & Review 8
The City’s Project Manager is responsible for reviews and acceptance of the Contractor’s 9
schedule. The City’s Project Control Specialist is responsible for ensuring alignment of 10
the Contractor’s baseline and progress schedules with the Master Project Schedule as 11
support to the City’s Project Manager. The City reviews and accepts or rejects the 12
schedule within ten workdays of Contractor’s submittal. 13
14
1. Schedule Format 15
The Contractor will submit each schedule in two electronic forms, one in native file 16
format (.xer, .xml, .mpx) and the second in a pdf format, in the City’s document 17
management system in the location dedicated for this purpose and identified by the 18
Project Manager. In the event the Contractor does not use Primavera P6 or MS 19
Project for scheduling purposes, the schedule information must be submitted in .xls or 20
.xlsx format in compliance with the sample layout (See Specification 00 32 115.1 21
Construction Project Schedule Baseline Example), including activity predecessors, 22
successors and total float. 23
24
2. Initial & Baseline Schedule 25
The Contractor will develop their schedule for their scope of work and submit their 26
initial schedule in electronic form (in the file formats noted above), in the City’s 27
document management system in the location dedicated for this purpose within ten 28
workdays of the Notice of Award. 29
30
The City’s Project Manager and Project Control Specialist review this initial schedule 31
to determine alignment with the City’s Master Project Schedule, including format & 32
WBS structure. Following the City’s review, feedback is provided to the Contractor 33
for their use in finalizing their initial schedule and issuing (within five workdays) their 34
Baseline Schedule for final review and acceptance by the City. 35
36
3. Progress Schedule 37
The Contractor will update and issue their project schedule (Progress Schedule) by the 38
last day of each month throughout the life of their work on the project. The Progress 39
Schedule is submitted in electronic form as noted above, in the City’s document 40
management system in the location dedicated for this purpose. 41
42
The City’s Project Control team reviews each Progress Schedule for data and 43
information that support the assessment of the update to the schedule. In the event 44
data or information is missing or incomplete, the Project Controls Specialist 45
communicates directly with the Contractor’s scheduler for providing same. The 46
Contractor re-submits the corrected Progress Schedule within 5 workdays, following 47
the submittal process noted above. The City’s Project Manager and Project Control 48
Specialist review the Contractor’s progress schedule for acceptance and to monitor 49
performance and progress. 50
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CONSTRUCTION PROGRESS SCHEDULE
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
1
The following list of items are required to ensure proper status information is 2
contained in the Progress Schedule. 3
Baseline Start date 4
Baseline Finish Date 5
% Complete 6
Float 7
Activity Logic (dependencies) 8
Critical Path 9
Activities added or deleted 10
Expected Baseline Finish date 11
Variance to the Baseline Finish Date 12
13
B. Monthly Construction Status Report 14
The Contractor submits a written status report (referred to as a progress narrative) at the 15
end of each month to accompany the Progress Schedule submittal, using the standard 16
format provided in Specification 00 32 15.3 Construction Project Schedule Progress 17
Narrative. The content of the Construction Project Schedule Progress Narrative should 18
be concise and complete to: 19
Reflect the current status of the work for the reporting period (including actual 20
activities started and/or completed during the reporting period) 21
Explain variances from the baseline on critical path activities 22
Explain any potential schedule conflicts or delays 23
Describe recovery plans where appropriate 24
Provide a summary forecast of the work to be achieved in the next reporting period. 25
26
C. Submittal Process 27
Schedules and Monthly Construction Status Reports are submitted in Buzzsaw 28
following the steps outlined in Specification 00 32 15.4 Construction Project 29
Schedule Submittal Process. 30
Once the project has been completed and Final Acceptance has been issued by the 31
City, no further progress schedules or construction status reports are required from 32
the Contractor. 33
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 34
1.7 CLOSEOUT SUBMITTALS [NOT USED] 35
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 36
1.9 QUALITY ASSURANCE 37
A. The person preparing and revising the Contractor’s Project Schedule shall be 38
experienced in the preparation of schedules of similar complexity. 39
B. Schedule and supporting documents addressed in this Specification shall be prepared, 40
updated and revised to accurately reflect the performance of the Contractor’s scope of 41
work. 42
C. The Contractor is responsible for the quality of all submittals in this section meeting the 43
standard of care for the construction industry for similar projects. 44
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 45
1.11 FIELD [SITE] CONDITIONS [NOT USED] 46
1.12 WARRANTY [NOT USED] 47
1.13 ATTACHMENTS 48
Spec 00 32 15.1 Construction Project Schedule Baseline Example 49
Spec 00 32 15.2 Construction Project Schedule Progress Example 50
00 32 15 - 0
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CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised JULY 20, 2018 Capital Projects No. 101592 & 101875
Spec 00 32 15.3 Construction Project Schedule Progress Narrative 1
Spec 00 32 15.4 Construction Project Schedule Submittal Process 2
3
4
PART 2 - PRODUCTS [NOT USED] 5
PART 3 - EXECUTION [NOT USED] 6
END OF SECTION 7
8
9
10
11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
July 20, 2018 M. Jarrell Initial Issue
13
00 35 13
CONFLICT OF INTEREST AFFIDAVIT
Page l of 1
SECTION 00 35 13
CONFLICT OF 1NTEREST STATEMENT
Each bidder, offerar or respondent to a City of Fort Worth procurement is required to complete a
Conflict of Interest Questionnaire or certify that one is current and on file with the City
Secretary's Office pursuant to state law.
If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant
City Managers, or an agent of the City who exercises discretion in the planning, recommending,
selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then
a Local Government Officer Conflicts Disclosure Statement (CIS) may be required.
You are urged to consult with counsel regarding the applicability of these forms and Local
Government Code Chapter 176 to your company.
The referenced forms may be downloaded fi�om the links provided below.
https://www.ethics. state.tx. us/data/forms/conflict/CIQ.pdf
https://www. ethics. state.tx.us/data/forms/conflict/CIS.pdf
0
�
�
0
�
CIQ Form is on file with City Secretary
CIQ Form is being provided to the City Secretary
CIS Form does not apply
CIS Form is on File with City Secretary
CIS Form is being provided to the City Secretary
BIDDER:
The Fain Group, Inc. By
Company
2500 Great Southwest
Address
Fort Worth, TX 76106
City/State/Zip
Signature:
Frazier
�
Title: President
END OF SECTION
(Please Print)
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised February 24, 2020 Capital Projects No. 101592 & 101875
00 41 00
BID FORM
Page 1 of 3
TO:
200 Texas Street
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
a.
b.
c.
d.
2. BIDDER Acknowledgements and Certification
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.
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form
included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents
for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions
of the Contract Documents.
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.
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.
"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.
The Purchasing Manager
1. Enter Into Agreement
City of Fort Worth, Texas 76102
c/o: The Purchasing Division
Units/Sections: Unit 1 - Lake Como Dam Base Bid Items
Unit 2 - Lake Como Dam Alternative Bid Items
Unit 3 - Oakland Lake Dam Base Bid Items
Unit 4 - Oakland Lake Dam Alternative Bid Items
FOR:
City Project No.:
Lake Como Park and Oakland Lake Park Dam and Erosion Control Improvements
101592 (LC) & 101875 (OL)
Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
"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.
Bidder has not solicited or induced any individual or entity to refrain from bidding.
Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.
For the purposes of this Paragraph:
"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.
"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.
SECTION 00 41 00
BID FORM
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised March 9, 2020
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 101875
00 41 00
BID FORM
Page 2 of 3
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.
3. Prequalification
The Bidder acknowledges that the following work types must be perFormed only by prequalified contractors and
subcontractors:
a. List work type here or space
b. List work type here or space
�.�
��
c. List work type here or space
d. List work type here or space
4. Time of Completion
4.1. The Work will be complete for Final Acceptance within Z� days days after the date when the
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete
the Work {and/or achievement of Milestones} within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph
5.01 of the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest A#f+�avi� Statement, Section 00 35 13
"If necessary, CIQ or CIS forms are to be provided directly to City Secretary
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In
the space provided below, please enter the total bid amount for this project. Only this figure will be read
publicly by the City at the bid opening.
CITY OF FORT WORTH Lake Como Dam Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101529
Form Revised March 9, 2020 Copy of 101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal Workbookl
00 41 00
BID FORM
Page 3 of 3
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.
6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete>
Total Base Bid <use this if applicable, otherwise delete $0.00 ���j� 2� �C
Alternate Bid <use this if applicable, otherwise delete> $0.00 J
� �5 �,�� �
Deductive Alternate<use this if applicable, otherwise $0.00
Additive Alternate <use this if applicable, otherwise
Total Bid
7. Bid Submittal
This Bid is submitted on
Respectfully submittec
;',
By:
(Si
May 13, 2021
Larry Frazier
(Printed Name)
$0.00
�o.00
l � � �; ,2G � ^
by the entity named below.
Receipt is acknowledged of the Initial
following Addenda:
Addendum No. 1: 05/03/21
Addendum No. 2: 05/11/21
Addendum No. 3:
Addendum No. 4:
Title: President
Company: The Fain Group, Inc.
Address: 2500 Great Southwest Pkwy
Fort Worth, TX 76106
State of Incorporation:
Email: IfrazierCc�fainqp.com
Phone: 817-927-4388
Texas
END OF SECTION
Corporate Seal:
CITY OF FORT WORTH Lake Como Dam Impiovemenfs
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101529
Form Revised March 9, 2020 101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal Workbook
00 42 43
BID PROPOSAL
Page 1 of5
SECTION 00 42 43
PROPOSALFORM
- -.
� -
Bidder's Application
Project Item Infonnation Bidders Proposal
BidliSt Description Specification Unitof Bid
It2iTt NO. Sec[ion No. Measure Quantity Unit Price Bid Value
UNIT I: LAKE COMO PARK IMPROVEMENTS
1 0170.0100 Mobilization 01 70 00 LS 1$ 38,000.00 $ 38,000.00
2 3137.0110 Special Riprap 31 37 00 SY 2599 $ 130.00 $ 337,870.00
3 3110.0101 Site Clearing 31 10 00 LS 1$ 57,000.00 $ 57,000.00
4 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 414 $ 11.00 $ 4,554.00
5 3123.0103 Borrow by Pian 31 23 23 CY 299 $ 38.00 $ 11,362.00
6 3124.0101 Embankment by Plan 31 24 00 CY 414 $ 35.00 $ 14,490.00
7 3125.0101 SWPPP >_ 1 acre 31 25 00 LS 1$ 6,000.00 $ 6,000.00
8 3471.0001 Tra�c Control 34 71 13 MO 4$ 1,800.00 $ 7,200.00
9 9999.0100 Care of Water 99 99 01 LS 1$ 45,000.00 $ 45,000.00
10 9999.0150 Test, Repair, and/or Replace Sluice Gate EA 1$ 4,000.00 $ 4,000.00
TOTAL UNIT I: LAKE COMO PARK IMPROVEMENTS $ 525,476.00
CITY OF FORT WORTH LaF:e Como Parf; and Oakland Lake Park
STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Dam and Erosion Control Impro��ements
Fom� Revised 20120I20 Capitat ProjecLs No. 101592 & 101875
00 42 J3
BIDPROPOSAL
Pagc 2 of 5
UNIT II: OAK�AND LAKE PARK IMPROVEMENTS
11 0170.0100 Mobilization 01 70 00 LS 1$ 38,000.00 $ 38,000.00
12 0241.0100 Remove Sidewaik 02 41 13 SF 273 $ 3.50 $ 955.50
13 0241.0900 Remove Misc Conc Structure 02 41 13 LS 1$ 6,000.00 $ 6,000.00
14 3110.0101 Site Clearing 31 10 00 LS 1$ 47,000.00 $ 47,000.00
15 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 1539 $ 22.00 $ 33,858.00
16 3123.0103 Borrow by Plan 31 23 23 CY 936 $ 4.00 $ 3,744.00
17 3124.0101 Embankment by Plan 31 24 00 CY 1539 $ 20.00 $ 30,780.00
18 3125.0101 SWPPP >_ 1 acre 31 25 00 LS 1$ 13,000.00 $ 13,000.00
19 3137.0102 Large Stone Riprap, dry 31 37 00 SY 98 $ 126.00 $ 12,348.00
20 3137.0110 Special Riprap 31 37 00 SY 854 $ 105.00 $ 89,670.00
21 3213.0302 5" Conc Sidewaik 32 13 20 SF 549 $ 8.00 $ 4,392.00
22 3231.0141 4' Steel Tube Fence (TxDOT TY-C) 32 31 13 LF 146 $ 85.00 $ 12,410.00
23 3291.0100 Topsoil 32 91 19 CY 296 $ 70.00 $ 20,720.00
24 3292.0100 Block Sod Placement 32 92 13 SY 3780 $ 8.00 $ 30,240.00
25 3305.0204 Imported EmbedmenUBackfill, Crushed Rock 33 05 10 CY 89 $ 95.00 $ 8,455.00
26 3341.1602 9x5 Box Culvert 33 41 10 LF 74 $ 1,850.00 $ 136,900.00
27 3441.4110 Remove and Reinstall Sign Panel and Post 34 41 30 EA 2$ 385.00 $ 770.00
28 9999.0100 Care of Water 99 99 01 LS 1$ 40,000.00 $ 40,000.00
29 9999.1000 Flexamat Pius or Approved Equai SF 7619 $ 9.00 � 68,571.00
30 9999.2001 Retaining Wall 99 99 02 SF 501 $ 62.00 $ 31,062.00
31 9999.2002 Structural Footing 99 99 02 LF 126 $ 480.00 $ 60,480.00
32 9999.2003 Structural Piers 99 99 02 VF 178 $ 385.00 $ 68,530.00
33 9999.2004 Casing for Pier Construction 99 99 02 EA 18 $ 430.00 $ 7,740.00
34 9999.2005 Conc. Spillway Walls, Weir & Appurt. 99 99 02 LS 1$ 120,000.00 $ 120,000.00
35 9999.3001 ASTM C33 Sand 33 05 10 CY 1636 $ 23.00 $ 37,628.00
36 9999.3003 8" PVC Schedule 80 (Pertorated) 33 46 00 LF 423 $ 65.00 $ 27,495.00
37 9999.3004 8" PVC Schedule 80 33 46 00 LF 55 $ 102.00 $ 5,610.00
38 9999.3005 8" Drain Outfall 33 49 40 EA 2$ 700.00 $ 1,400.00
-- - - - $ -
$ -
_ - - -- - $ -
-- - $ -
- -- $ -
_ - - $ -
- --- $ -
TOTAL UNIT II: OAKLAND LAKE PARK IMPROVEMENTS $ 957,758.50
CITY OF FORT NORTH Lake Como Pah; and Oa}dand Lal:c Pnr}:
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Emsion Convoi tmprocements
Fomi Revised20120120 Capital Pmjects No. 101592 & IOIR7S
00 42 43
BiD PROPOSAL
Pagc 3 of 5
BI(� SUmmEi')'
B85E Bid
UNIT I: LAKE COMO PARK IMPROVEMENTS $ 525,476.00
UNIT II: OAKLAND IJ�KE PARK IMPROVEMENTS �$ 957,758.50 �
Total Base Bid
Alternate 1 Bid - Lake Como Park
1,483,234.50
39 0241.0100 Remove Sidewalk 02 41 13 SF 1427 $ 3.00 $ 4,281.00
40 0241.0500 Remove Fence 02 41 13 LF 610 $ 4.00 $ 2,440.00
41 3212.0900 Asphait Crack Sealant 32 12 73 GA 241 $ 75.00 $ 18,075.00
42 3213.0302 5" Conc Sidewalk 32 13 20 SF 2361 $ 7.50 $ 17,707.50
43 3231.0141 4' Steel Tube Fence (TxDOT TY-C) 32 31 13 LF 110 $ 79.00 $ 8,690.00
44 9999.5001 5/8" Steel Piate Flume Cover EA 2$ 2,850.00 $ 5,700.00
$ -
ioca� n�cemaie i nia � av,oao.av
Altemate 2 Bid - Lake Como Park
45 3231.0141 4' Steel Tube Fence (TxDOT TY-B) 32 31 13 LF 500 $ 65.00 $
$
Total Alternate 2 Bid $
Alternate 3 Bid - Lake Como Park
46 9999.2010 Repair of Concrete Structure 99 99 02 LS 1$ 25,000.00 $
. � _ � � � � ( $
Total Alternate 3 Bid
Alternate 4 Bid - Lake Como Park
32,500.00
32,500.00
25,000.00
25,000.00
47 9999.2010 Repair of Concrete Structure 99 99 02 LS 1$ 5,000.00 $ 5,000.00
48 9999.1000 Flexamat or Approved Equal SF 938 $ 8.00 $ 7,504.00
-- - $ -
1'otal Atternate a Bld � '�z,ou4.uu
49 3231.0141 4' Steel Tube Fence
50 3231.0141 4' Steel Tube Fence
Alternate 5 Bid - Oakland Lake Park
TY-C) 32 31 13 LF
TY-Dl 32 31 13 LF
$ 78.00 $ (11,388.00
$ 83.00 $ 12,118.00
$ -
Total Alternate 5 Bid $ 730.00
CI'IY OF FORT NORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Fonn Rerised 20120120
LaF:e Como Park and Oat;land La}:e Park
Dam and Erosion Convol Improrements
Capi[al Projccts No. 101592 & I01875
00 �z as
BIDPROPOSAL
Page d o! 5
Alternate 6 Bid - Oakland Lake Park
51 0241.0100 Remove Sidewalk 02 41 13 SF 1038 $ 3.00 $ 3,114.00
52 3213.0302 5" Conc Sidewalk 32 13 20 SF 1063 $ 7.00 $ 7,441.00
$ -
1�otalAlternate6liitl a "IU,��O.W
Alternate 7 Bid - Oaklaud Lake Park
53 9999.2100 Prefabricated Bridge Structure & Appurt. 99 99 03 LS 1$ 118,000.00 $ 118,000.00
54 3231.0141 4' Steel Tube Fence (TxDOT TY-C) 32 31 13 LF -146 $ 78.00 $ (11,388.00)
55 3341.1602 9x5 Box Culvert 33 41 10 LF -74 $ 1,891.00 $ (139,934.00)
56 3213.0302 5" Conc Sidewalk 32 13 20 SF -549 $ 8.00 $ (4,392.00)
$ -
Alternate 8 Bid - Oakland Lake Park
57 0241.0100 Remove Sidewalk 02 41 13 SF 445 $ 3.00 $ 1,335.00
58 3213.0302 5" Conc Sidewalk 32 13 20 SF 360 $ 8.00 $ 2,880.00
59 9999.4001 Relocate Exst. Park Bench 11 67 13 EA 1$ 173.00 $ 173.00
60 9999.4002 Relocate Exst. Park Trashcan 11 67 13 EA 1$ 173.00 $ 173.00
$ -- —
Deducfive Alteruate Bid
$ -
Total DeducHve Alternate Bid $ -
Additive Alternate Bid
$ -
Total Additive Alternate Bid $ -
Total Bid
lotalAl[eroa[e7151(1 ;b (3/,/l4AU)
I�otal Alternate if S�tl � 4,bti9.UU
� 1,588,264.00
This Bid is submitted by the entity named below:
BIDDER:
B1':
/ Larry Frazier
/!
/�
resident
� 5/13/2021
The Fain Group, Inc.
2500 Great Soathwest Pkwv
Fort Worth, TY 76106
TITLE:
DATE:
Contractor agrees to complete 1VORK for FINAL ACCGPTANCE within
CONTRACT commences to run as provided in the General Condifions.
END OF SECTION
240 calendar days after the date when the
Bid Summary
Base Bid
CITY OF FORT WORTH LaF:c Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control LnproccmcnLs
Fomi Rcciscd 20120120 Capital Projects No. 101 �92 &. 10187�
00 42 d3
BIDPROPOSAL
Pagc 5 of 5
Total Base Bid
Alternate Bid
Tatal Altemate Bid
DeducHve Alternate Bid
Tatal Deductive Alternate Bid
Addiflve Alternate Bid
Total Additive Alternate Bid
Total Bid $1,588,264.00
END OF SECTION
CITY OF FORT NORTH I.aF:e Como Park and OaF:land LaF:e Park
STANDARD CONSTRUCTION SPECIF[CATION DOCUH4EMS Dam and Erosion ConWl Improvements
Fomi Revised 20120120 Capital Projecls No. 101592 & 10187�
00 43 13
BID BOND
Page 7 of 2
SECTION 00 4313
BID BOND
KNOW ALL BY THESE PRESENTS:
That we, The Fain Group, Inc.
, known as
"Bidder" herein and ; Westfield Insurance Company a
corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly
bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City"
herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to
be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
designated as
the Principal has submitted a bid or proposal to perform Work for the following project
Lake Como Park and Oakland Lake Park Dam and Erosion Control Improvements
NOW, THEREFORE, the condition of this obligation is such that if the City 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 City in accordance with the
terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute
such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the
execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or
Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's
total bid amount and the next selected bidders total bid amount,
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by
duly authorized agents and officers on this the 13th day of May , 2021.
PRINCIPAL:
CIIY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20171109
101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal,xls
4�
00 43 13
BID BOND
Page 2 of 2
Address: P O Box 164308
Fort Worth, TX 76161
SURETY;
Westfie
%
BY: =�--�,
/-
�I
and Title
, � , �'��� �� � � �
Witness as to Surety
Muni Rabah, Bond Account Manager
Attach Power of Attorney (Surety) for Attorney-in-Fact
Address: 2255 Ridge Rd., Ste.333
Rockwall, TX 75087
Telephone Number: 972-772-7220
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from
its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is
awarded.
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION �OCUMENTS
Form Revised 20171109
101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal.xis
General
Power
of Attorney
POWER NO. 4220012 14
Westfield Insurance Co.
Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers �C1SUr ancer, Ooo
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH,
JARRETT WILLSON, JACK NOTTINGHAM, JOINTLY OR SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and ali bonds, recognizances, undertakings, or other instruments or contracts of
suretyship------------------------------------------------------------- .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
Z�UA'}7711aTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
WESTFIE�D INSURANCE�COMPANY, WESTFIELD NATbONAL INSURANCE COMPANY and OHIO FARMERyS INSURANCE COMPANYof each of the
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions;
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's �iability thereunder, and any such instruments so executed by any such
Attornex-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIE�D INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety �eader and Senior Executive and their corporate seals to be hereto
affixed this 02nd day of JANUARY A.D., 2020 , ,
COf orate P``v�unrqiMrp9 . `��i�fWun�i�r � �p.amliiryi
Seals '''�a���Ak�,�, ,.'P-C�t?,�;;?;i,�,s�,,, t, �NSU �o VUESTFIELD INSURANCE COMPANY
�o f• •,��. � ; a: ••' •. G , �?••�•�• �y�; -� WESTFIELD NATIONA� INSURANCE COMPANY
Affixed,r�vj waw `oo �' o� '•. ��' i� • N� �� E' � OHIO FARMERS INSURANCE COMPANY
►-r �� qT �n: '``'' T ��'� � 1
� � � ��� • ro� : N �, SEril.. : m _ 'o: � � ; �i � 1 ,��.
��, �� =y. :n' ��j: ���48 ��= ;
��r �'•ti, rin ..+ \' ,� ::?�., .'p ; ;. .' �`� �,_ . �
� •.a.r�' •�� �........�'� i •..�;..•' ♦ . .
i }
�����,,` y�i� �
�11�N�nMI� r,,,����.i��in nN��,�d �•�ninnH���"�,,,,'` � : .� � �
State of Ohio ty
county of Medina ss.: ByGary W. tumper� Natio Sen oreExecuader and
On this 02nd day of JANUARY A.D., 2020 , before me personally came Gary W. Stumpel' to me known, who, being by me duly sworn,
did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial ��..a,�����,u�,,,,
Seal a`a�t\ A I, S"+,,�
Affixed �P'''�\����/�%:.F :�
Ot=..... /�,.9
z�.�.�, r �
State of Ohio
County of Medina ss.:
. ��..._ .
-„�
� �'►, ,T`°,
q.TF OF ��.�•.
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, Frank A. Car�ino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio,'this 13th day of
May A.D., 2021 • ,
"�N��1111N/M! ,�t{\IIIeII�Iri�
`�1su %.(,y�: � ,,..��.�,oN�c i,y'o.
�•'' ta,'i �`` �P'' •`cG�':
� � •��~ S �}{ ; ��: �� �Y:
��� �� ; N; SEAL ; m _
,.,� „Q. �� �. ;�., : o :
� ��'•,, •......•�''�
�'Hi �''�mn un"����,�
4
s:, i8�e ,:;
�� ,�, �4
� !
�i�^4� �
Frank A. Carrino, Secretary
s���ry
BPOAC2 (combined) (06-02)
e y�
IMPC3RTANT NOT[CE
STATE OF TEXAS
COMP�AiNT P�fJCEDURES
1. IMPORTANT NOTICE
To obtain information or make a complainf'
2. You may contact your agent,
.3. Yau may call Wes�eld (n�urance Company,
Westfield National` Insurance Company, and/ar
Ohio ''Farmers lnsurance Gompany's toll-firee
tetephone number for information or to make a
complaint at:
1-8a�-243-Q2'! 4
4. You rnay also wrife to 1Nestfield Insurance
Company, Westfieid National Msurance Campany,
at�d/or Ohio Farmers InsuCance Company at:
Attn; Bond Claims
One Park Circle
P O Box 5001
Westfield Center, QH 44251-5001
�ax #��a-ss7-osaa
�. You may contact the Texas Department of
lnsurance to obtain infarmation on companies,
coverages, rights or complaints at:
1-8Q0-252-3439
6. You may write to the Texas Department of.
Insurance, Consumer Protection Sec#ion (MC 11'1-�A)r
P.O. Bqx 149091
Austin, TX 78714-9091
Fax. (512) 490-1007
Web: www.tdi.texas.gov
'E-maiC: ConsumerPrafectionCa�tcii.texas.qov
7. PREMIUM OR CLAIM D(SPUT�S;
Should you have a dispute conceming your premium or
abaut a claitn, you should contact the agent, Westfield
Insurance Gompany, Westfield National Insurance
Campany, or .Ohia Farmers Insurance Gompany first, If
the dispute is not resalved, yau may contact the Texas
Department o# lnsurance.
8. ATTACH THlS NUTI�E TO YOUR POLICY:
This notice is for information'on(y and does not become
a part or contlition of #he attached document.
BD5430 (�G-15) '
AVISE� IMP�RTANTE
Para obtener inforf�a�ian o para s�rrretet una queja:
Puecfe camunicarse
number},
con su (title) al (telephone
Usted puede Ilamar al numero de telefano grat[5 de
Westfield InSurance Campany, V4lestfieid N�tional
tnsurance G+ompany, andlor tihio farmer5
insurance Company's para inf�rmacion a para
someter una queja al:
'[ -800-243-U2'i Q
Usted tamb[en puede escribir a WesCfielct Insurance
Company, Westfietd Nationai Insu�ance
Gompany, andlor C�hia Farmers Irtsurance
Campany;
Attn: Bond Claims
One Pac[c Circie
P O Box 5QU't
Westfield C�nter, QH 44251-5041
��X #s�o-as7-os�a
Puede comunicarse con el Departamento de
Sequros de Texas para abtener fnformacian acerca
de companies; coberturas, derechas a quejas al:
'[ -800-262-3439
Puede escribir al �e�sarfa[nento cfe Seguros de
Texas, Consurrter Protectian Sect�an (MC 111-1A):
P.O. Bdx 14909 �
Austin, TX 78714-9Q91
Fax: (512} 490-1007
Web: www.tdi.texas.gov
E-rriai[: Car�surnerProfeciionCa�tdi.texas,qov
DISPiJTAS SOBRE P'RIMAS O RECL,4M0�:
Si tiene una disputa eancerniente a su prima o a un
reclamo, d�be comunicarse can el agente, Westf[eld.
Insurance Company, Westfie[d National insurance
�ampany, o Ohia Farmers (nsurance Catt�pany
primera, Si no se resuelve la disputa, puede
entances comunicarse can el departamento (TD!)'.
UNA ESiE AVISQ A 5U POL.IZA: Este av[sa es
so(o para pro�vsito de informacion y no se convierte
en parEe o condicion c4e[ documento acijunto.
00 43 37
VENDOR COMPLIANCE TO STATE LAW
Page 1 of 1
SECTION 00 43 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporate offices or principal place of business are outside the State of Texas) bid projects for
construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in
order to obtain a comparable contract in the State which the nonresidenYs 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 N/A , our principal place of business,
are required to be N/A percent lower than resident bidders by State Law. A copy of the
statute is attached.
Nonresident bidders in the State of
are not required to underbid resident bidders.
N/A , our principal place of business,
B. The principal place of business of our company or our parent company or majority owner is
in the State of Texas. �
BIDDER:
The Fain Group, Inc.
By: Larry Frazier
2500 Great Southwest Pkwy
Fort Worth, TX 76106
(Signature)
Title: President
Date:
END OF SECTION
5/13/2021
CITY OF FORT WORTH Lake Como Dam Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101529
Form Revised 20110627 101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal Workbook
00 45 11 - 1
BIDDERS PREQUALIFICATIONS
Page 1 of 2
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised July 1, 2011 Capital Projects No. 101592 & 101875
SECTION 00 45 11 1
BIDDERS PREQUALIFICATIONS 2
3
1. Summary. All contractors are required to be prequalified by the City prior to submitting4
bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 5
Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 6
not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 7
Prequalification Application in accordance with the requirements below. 8
9
The prequalification process will establish a bid limit based on a technical evaluation and 10
financial analysis of the contractor. The information must be submitted seven (7) days prior 11
to the date of the opening of bids. For example, a contractor wishing to submit bids on 12
projects to be opened on the 7th of April must file the information by the 31st day of March 13
in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s 14
Prequalification Application, the following must accompany the submission. 15
a.A complete set of audited or reviewed financial statements.16
(1)Classified Balance Sheet17
(2)Income Statement18
(3)Statement of Cash Flows19
(4)Statement of Retained Earnings20
(5)Notes to the Financial Statements, if any21
b.A certified copy of the firm’s organizational documents (Corporate Charter, Articles22
of Incorporation, Articles of Organization, Certificate of Formation, LLC23
Regulations, Certificate of Limited Partnership Agreement).24
c.A completed Bidder Prequalification Application.25
(1)The firm’s Texas Taxpayer Identification Number as issued by the Texas26
Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification27
number visit the Texas Comptroller of Public Accounts online at the28
following web address www.window.state.tx.us/taxpermit/ and fill out the29
application to apply for your Texas tax ID.30
(2)The firm’s e-mail address and fax number.31
(3)The firm’s DUNS number as issued by Dun & Bradstreet. This number32
is used by the City for required reporting on Federal Aid projects. The DUNS33
number may be obtained at www.dnb.com.34
d.Resumes reflecting the construction experience of the principles of the firm for firms35
submitting their initial prequalification. These resumes should include the size and36
scope of the work performed.37
e.Other information as requested by the City.38
39
2. Prequalification Requirements40
a.Financial Statements. Financial statement submission must be provided in41
accordance with the following:42
(1)The City requires that the original Financial Statement or a certified copy43
be submitted for consideration.44
(2)To be satisfactory, the financial statements must be audited or reviewed45
by an independent, certified public accounting firm registered and in46
good standing in any state. Current Texas statues also require that47
accounting firms performing audits or reviews on business entities within48
the State of Texas be properly licensed or registered with the Texas State49
Board of Public Accountancy.50
00 45 11 - 2
BIDDERS PREQUALIFICATIONS
Page 2 of 2
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised July 1, 2011 Capital Projects No. 101592 & 101875
(3)The accounting firm should state in the audit report or review whether1
the contractor is an individual, corporation, or limited liability company.2
(4)Financial Statements must be presented in U.S. dollars at the current rate3
of exchange of the Balance Sheet date.4
(5)The City will not recognize any certified public accountant as5
independent who is not, in fact, independent.6
(6)The accountant’s opinion on the financial statements of the contracting7
company should state that the audit or review has been conducted in8
accordance with auditing standards generally accepted in the United9
States of America. This must be stated in the accounting firm’s opinion.10
It should: (1) express an unqualified opinion, or (2) express a qualified11
opinion on the statements taken as a whole.12
(7)The City reserves the right to require a new statement at any time.13
(8)The financial statement must be prepared as of the last day of any month,14
not more than one year old and must be on file with the City 16 months15
thereafter, in accordance with Paragraph 1.16
(9)The City will determine a contractor’s bidding capacity for the purposes17
of awarding contracts. Bidding capacity is determined by multiplying the18
positive net working capital (working capital = current assets – current19
liabilities) by a factor of 10. Only those statements reflecting a positive20
net working capital position will be considered satisfactory for21
prequalification purposes.22
(10)In the case that a bidding date falls within the time a new financial23
statement is being prepared, the previous statement shall be updated with24
proper verification.25
b.Bidder Prequalification Application. A Bidder Prequalification Application must be26
submitted along with audited or reviewed financial statements by firms wishing to be27
eligible to bid on all classes of construction and maintenance projects. Incomplete28
Applications will be rejected.29
(1)In those schedules where there is nothing to report, the notation of30
“None” or “N/A” should be inserted.31
(2)A minimum of five (5) references of related work must be provided.32
(3)Submission of an equipment schedule which indicates equipment under33
the control of the Contractor and which is related to the type of work for34
which the Contactor is seeking prequalification. The schedule must35
include the manufacturer, model and general common description of36
each piece of equipment. Abbreviations or means of describing37
equipment other than provided above will not be accepted.38
39
3. Eligibility to Bid40
a.The City shall be the sole judge as to a contractor’s prequalification.41
b.The City may reject, suspend, or modify any prequalification for failure by the42
contractor to demonstrate acceptable financial ability or performance.43
c.The City will issue a letter as to the status of the prequalification approval.44
d.If a contractor has a valid prequalification letter, the contractor will be eligible to bid45
the prequalified work types until the expiration date stated in the letter.46
47
48
END OF SECTION 49
50
00 45 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
Each Bidder for a City procurement is required to complete the information below by identifying the prequalified
contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed.
Major Work Type Contractor/Subcontractor Company Name Prequalification
Expiration Date
List work type here or space � �, - -
List work type here or space � �� ; � �� �. � i. ,
List work type here or space � ; ' _ >, ;� = � �� �
List work type here or space �,,_�, : ,. � �, .,, ,._ � � ;, �
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
BIDDER:
The Fain Group, Inc.
2500 Great Southwest Pkwy
Larry Frazier
nature
Fort Worth, TX 76106
Title: President
Date:
END OF SECTION
5/13/2021
CITY OF FORT WORTH Lake Como Dam Improvements
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 101529
Form Revised 20120120 101592 - Lake Como Dam - Spec - 00 41 00 Bid Proposal Workbook
SECTION 00 45 13
BIDDER PREQUALIFICATION APPLICATION
Date of Balance Sheet ,
Mark only one:
Individual
Limited Partnership
General Partnership
Corporation
Limited Liability Company
Post Office Box City State Zip Code
Street Address (required) City State Zip Code
( ) ( )
Telephone Fax Email
Texas Taxpayer Identification No.
Federal Employers Identification No.
DUNS No. (if applicable)
MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO:
CITY OF FORT WORTH TEXAS
200 TEXAS STREET
FORT WORTH, TEXAS 76102-6311
AND MARK THE ENVELOPE: “BIDDER PREQUALIFICATION APPLICATION”
Name under which you wish to qualify
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 1 of 8
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 2 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
BUSINESS CLASSIFICATION
The following should be completed in order that we may properly classify your firm:
(Check the block(s) which are applicable – Block 3 is to be left blank if Block 1 and/or Block 2 is
checked)
Has fewer than 100 employees
and/or
Has less than $6,000,000.00 in annual gross receipts
OR
Does not meet the criteria for being designated a small business as provided in Section
2006.001 of the Texas Government Code.
The classification of your firm as a small or large business is not a factor in determining eligibility to
become prequalified.
MAJOR WORK CATEGORIES
Water Department
Augur Boring - 24-inch diameter casing and less
Augur Boring - Greater than 24-inch diameter casing and greater
Tunneling – 36-Inches – 60 –inches, and 350 LF or less
Tunneling - 36-Inches – 60 –inches, and greater than 350 LF
Tunneling – 66” and greater, 350 LF and greater
Tunneling – 66” and greater, 350 LF or Less
Cathodic Protection
Water Distribution, Development, 8-inch diameter and smaller
Water Distribution, Urban and Renewal, 8-inch diameter and smaller
Water Distribution, Development, 12-inch diameter and smaller
Water Distribution, Urban and Renewal, 12-inch diameter and smaller
Water Transmission, Development, 24-inches and smaller
Water Transmission, Urban/Renewal, 24-inches and smaller
Water Transmission, Development, 42-inches and smaller
Water Transmission, Urban/Renewal, 42-inches and smaller
Water Transmission, Development, All Sizes
Water Transmission, Urban/Renewal, All Sizes
Sewer Bypass Pumping, 18-inches and smaller
Sewer Bypass Pumping, 18-inches – 36-inches
Sewer Bypass Pumping 42-inches and larger
CCTV, 8-inches and smaller
CCTV, 12-inches and smaller
CCTV, 18-inches and smaller
CCTV, 24-inches and smaller
CCTV, 42-inches and smaller
CCTV, 48-inches and smaller
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 3 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
MAJOR WORK CATEGORIES, CONTINUED
Sewer CIPP, 12-inches and smaller
Sewer CIPP, 24-inches and smaller
Sewer CIPP, 42-inches and smaller
Sewer CIPP, All Sizes
Sewer Collection System, Development, 8-inches and smaller
Sewer Collection System, Urban/Renewal, 8-inches and smaller
Sewer Collection System, Development, 12-inches and smaller
Sewer Collection System, Urban/Renewal, 12-inches and smaller
Sewer Interceptors, Development, 24-inches and smaller
Sewer Interceptors, Urban/Renewal, 24-inches and smaller
Sewer Interceptors, Development, 42-inches and smaller
Sewer Interceptors, Urban/Renewal, 42-inches and smaller
Sewer Interceptors, Development, 48-inches and smaller
Sewer Interceptors, Urban/Renewal, 48-inches and smaller
Sewer Pipe Enlargement 12-inches and smaller
Sewer Pipe Enlargement 24-inches and smaller
Sewer Pipe Enlargement, All Sizes
Sewer Cleaning , 24-inches and smaller
Sewer Cleaning , 42-inches and smaller
Sewer Cleaning , All Sizes
Sewer Cleaning, 8-inches and smaller
Sewer Cleaning, 12-inches and smaller
Sewer Siphons 12-inches or less
Sewer Siphons 24-inches or less
Sewer Siphons 42-inches or less
Sewer Siphons All Sizes
Transportation Public Works
Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards)
Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER)
Asphalt Paving Heavy Maintenance (UNDER $1,000,000)
Asphalt Paving Heavy Maintenance ($1,000,000 and OVER)
Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)
Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)
Roadway and Pedestrian Lighting
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 4 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
1. List equipment you do not own but which is available by renting
DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER
2. How many years has your organization been in business as a general contractor under your present
name?
List previous business names:
3. How many years of experience in construction work has your organization
had:
(a) As a General Contractor:(b) As a Sub-Contractor:
4. *What projects has your organization completed in Texas and elsewhere?
CONTRACT
AMOUNT
CLASS
OF
WORK
DATE
COMPLETED
LOCATION
CITY-COUNTY-
STATE
NAME AND DETAILED
ADDRESS OF OFFICIAL TO
WHOM YOU REFER
*If requalifying only show work performed since last statement.
5. Have you ever failed to complete any work awarded to you?
If so, where and why?
6. Has any officer or owner of your organization ever been an officer of another organization that failed to
complete a contract?
If so, state the name of the individual, other organization and reason.
7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her
name?
If so, state the name of the individual, name of owner and reason.
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 5 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
8. In what other lines of business are you financially interested?
9. Have you ever performed any work for the City?
If so, when and to whom do you refer?
10. State names and detailed addresses of all producers from whom you have purchased principal
materials during the last three years.
NAME OF FIRM OR COMPANY DETAILED ADDRESS
11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship
to this person or firm.
12. What is the construction experience of the principal individuals in your organization?
NAME
PRESENT
POSITION OR
OFFICE
YEARS OF
EXPERIENCE
MAGNITUDE
AND TYPE OF
WORK
IN WHAT
CAPACITY
13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the
same household with a City employee, please list the name of the City employee and the relationship. In
addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or
director who does not live in the same household but who receives care and assistance from that person as
a direct result of a documented medical condition. This includes foster children or those related by
adoption or marriage.
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 6 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
CORPORATION BLOCK PARTNERSHIP BLOCK
If a corporation: If a partnership:
Date of Incorporation State of Organization
Charter/File No. Date of organization
President Is partnership general, limited, or registered limited
liability partnership?
Vice Presidents
File No. (if Limited
Partnership)
General Partners/Officers
Secretary Limited Partners (if applicable)
Treasurer
LIMITED LIABILITY COMPANY BLOCK
If a corporation:
State of Incorporation
Date of organization
File No. Individuals authorized to sign for Partnership
Officers or Managers (with titles, if any)
Except for limited partners, the individuals listed in the blocks above are presumed to have full
signature authority for your firm unless otherwise advised. Should you wish to grant signature
authority for additional individuals, please attach a certified copy of the corporate resolution,
corporate minutes, partnership agreement, power of attorney or other legal documentation which
grants this authority.
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 7 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
14. Equipment $_______________
TOTAL
ITEM QUANTITY ITEM DESCRIPTION
BALANCE SHEET
VALUE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Various-
TOTAL
Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment,
you may show these 30 types and show the remainder as "various". The City, by allowing you to show
only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment.
The equipment list is a representation of equipment under the control of the firm and which is related to
the type of work for which the firm is seeking qualification. In the description include, the manufacturer,
model, and general common description of each.
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 13
BIDDER PREQUALIFICATION APPLICATION
Page 8 of 8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised March 9, 2020
BIDDER PREQUALIFICATION AFFIDAVIT
STATE OF
COUNTY OF
The undersigned hereby declares that the foregoing is a true statement of the financial condition of the
entity herein first named, as of the date herein first given; that this statement is for the express purpose of
inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who
prepared the balance sheet accompanying this report as well as any depository, vendor or any other
agency herein named is hereby authorized to supply each party with any information, while this statement
is in force, necessary to verify said statement.
_______________________________________________, being duly sworn, deposes and says that
he/she is the __________________________________ of ___________________________, the entity
described in and which executed the foregoing statement that he/she is familiar with the books of the said
entity showing its financial condition; that the foregoing financial statement taken from the books of the
said entity as of the date thereof and that the answers to the questions of the foregoing Bidder
Prequalification Application are correct and true as of the date of this affidavit.
Firm Name:
Signature:
Sworn to before me this
day of ,
Notary Public
Notary Public must not be an officer, director, or stockholder or relative thereof.
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page 1 of 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
SECTION 00 45 26
CONTRACTOR COMPLIANCE WITA WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on
City Project No.: CO2717 — Candleridge Park Erosion Control Improvements
Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will
provide to City its subcontractor's certificates of compliance with worker's compensation coverage.
CONTRACTOR:
The Fain Group, Inc. By:
Company
2500 Great Southwest Pkwy Signature
Address
Foort Worth, TX
City/State/Zip
THE STATE OF TEXAS
CK�I�L (I IVL�7 �11►_�.� :7 \► Y Y
0
�
Title:
(Please Print)
BEFORE ME, the undersigned authority, on this day personally appeared.
Larry Frazier , known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of
President
the capacity therein stated.
for the purposes and consideration therein expressed and in
36 GIVEN UNDER MY HAND AND SEAL OF OFFICE
37
38 this 13th day of May , 2021.
39
40
41
42 Not ry Public in and for th S ate of Texas
43
44
45
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
Frazier
(Please Print)
�
1
President
�o�Y�`�=�<.: , �UNNA CHAPPELL
* m 1 dorr�ry Public, State of Texas
�� ,
� �::;omm, Expires 07/12/2022
9��F�E+� Notary ID 253436•9
Lake Como Park and Oakland Lake Park
Dam and Erosion Control Improvements
Capital Projects No. 101592 & 101875
00 45 40 - 1
Business Equity Ordinance Specifications
Page 1 of 2
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised January 5, 2021 Capital Projects No. 101592 & 101875
SECTION 00 45 40 1
TEMPORARY REVISION (COVID-19) 2
BUSINESS EQUITY SPECIFICATIONS 3
4
APPLICATION OF POLICY 5
If the total dollar value of the contract is greater than $100,000, then a Business Equity goal is applicable. 6
A Business Equity Firms refers to certified Minority-, and/or Women-, owned Business Enterprises 7
(M/WBE). 8
9
POLICY STATEMENT 10
It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11
Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12
stated in the City’s current Business Equity Ordinance No.24534-11-2020 apply to this bid. 13
14
MBE PROJECT GOALS 15
The City's M/WBE goal on this project is 15% of the total bid value of the contract (Base bid applies to 16
Park & Recreation Department). 17
18
COMPLIANCE TO BID SPECIFICATIONS 19
On City contracts $100,000 or more where a Business Equity Goal is applied, offerors are required to 20
comply with the intent of the City's Business Equity Ordinance by meeting or exceeding the above stated 21
goal through one of the following methods: 1. Business Equity subcontracting participation, or; 2. 22
Commercial useful function services performed by the Business Equity Prime to count towards the 23
goal, or; 3. Combination of Business Equity Prime services and Business Equity subcontracting 24
participation, or; 4. Business Equity Joint Venture participation, or; 5. Good Faith Effort 25
documentation, or; 6. Prime Waiver documentation. 26
27
SUBMITTAL OF REQUIRED DOCUMENTATION 28
The Utilization Plan shall be due at the time specified in the solicitation. The applicable documents must 29
be received by the Purchasing Division, within the time allocated, in order for the entire bid to be considered 30
responsive to the specifications. The offerer shall EMAIL the Business Equity documentation to the 31
assigned City of Fort Worth Project Manager or Department Designee. Documents are to be received no 32
later than 2:00 p.m., on the second City business day after the bid opening date, exclusive of the bid 33
opening date. A faxed copy will not be accepted. 34
35
The Offeror must submit one of the following documentation: 36
1. Utilization Form, if the goal is met or exceeded, 37
2. Good Faith Effort Form and Utilization Form, including supporting documentation, if participation 38
is less than stated goal, or no Business Equity participation is accomplished, 39
3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all 40
subcontracting/supplier opportunities, 41
4. Joint Venture Form, if goal is met or exceeded with a Joint Venture. 42
These forms can be found on-line at: 43
Business Equity Utilization Form 44
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-45
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Utilization%20Form.46
pdf 47
48
Business Equity Prime Contractor Waiver Form 49
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-50
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Prime%20Contractor51
%20Waiver.pdf 52
00 45 40 - 2
Business Equity Ordinance Specifications
Page 2 of 2
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised January 5, 2021 Capital Projects No. 101592 & 101875
1
Business Equity Good Faith Effort Form 2
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-3
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Good%20Faith%20Ef4
fort%20Form.pdf 5
6
Business Equity Joint Venture Form 7
https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-8
%20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Joint%20Venture.pdf 9
10
11
12
13
14
15
16
17
Any Questions, Please Contact The Business Equity Division at (817) 392-2674. 18
19
END OF SECTION 20
FAILURE TO COMPLY WITH THE CITY’S BUSINESS EQUITY ORDINANCE WILL RESULT IN THE
BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS.
FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUTIY DOCUMENTATION WILL RESULT IN
THE BID BEING CONSIDERED NON-RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE
OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE
YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS.
7/14/2021 B2Gnow
https://fortworth.diversitycompliance.com/FrontPage/DiversityMain.asp?XID=1083 1/1
CITY OF FORT WORTH
CONTRACT COMPLIANCE MEMORANDUM
THIS FORM MUST BE ATTACHED TO THE ROUTING "M & C" BEFORE LAW
DEPARTMENT AND CITY MANAGER APPROVAL
To: Department Project Manager
From: Office of Business Equity
Date: July 14, 2021
In the Amount of: $1,483,234.50 101592 & 101875
DOE/Project No.
Project/Bid: Lake Como Dam and Oakland Lake Park Dam Improvements
1. Compliance with the City's Business Equity Ordinance has been achieved
by the following method:
The Fain Group is in compliance with the City's Business Equity Ordinance by
committing to 15% participation on this project's base bid. The City's Business Equity
goal on this project is 15%.
00 52 43 - 1
Agreement
Page 1 of 5
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised September 6, 2019 Capital Projects No. 101592 & 101875
SECTION 00 52 43 1
AGREEMENT 2
3
THIS AGREEMENT, authorized on August 10, 2021 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 The Fain Group, Inc., authorized to do business in Texas, acting by and through its 6
duly authorized representative, (“Contractor”). 7
City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 8
Article 1. WORK 9
Contractor shall complete all Work as specified or indicated in the Contract Documents for the 10
Project identified herein. 11
Article 2. PROJECT 12
The project for which the Work under the Contract Documents may be the whole or only a part is 13
generally described as follows: 14
15
101592 - Lake Como Park Dam and Erosion Control Improvements 16
17
101875 - Oakland Lake Park Dam and Erosion Control Improvements 18
19
Article 3. CONTRACT PRICE 20
City agrees to pay Contractor for performance of the Work in accordance with the Contract 21
Documents an amount, in current funds, of One Million Five Hundred Eighty-Eight Thousand 22
Two Hundred and Sixty-Four Dollars ($1,588,264.00). 23
Article 4. CONTRACT TIME 24
4.1 Final Acceptance. 25
The Work will be complete for Final Acceptance within 240 days after the date when the 26
Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 27
plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 28
4.2 Liquidated Damages 29
Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30
to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31
not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 32
recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33
the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay 35
(but not as a penalty), Contractor shall pay City Six Hundred Fifty Dollars ($650) for each 36
day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the 37
City issues the Final Letter of Acceptance. 38
Article 5. CONTRACT DOCUMENTS 39
5.1 CONTENTS: 40
A. The Contract Documents which comprise the entire agreement between City and 41
Contractor concerning the Work consist of the following: 42
1. This Agreement. 43
00 52 43 - 2
Agreement
Page 2 of 5
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised September 6, 2019 Capital Projects No. 101592 & 101875
2. Attachments to this Agreement: 1
a. Bid Form 2
1) Proposal Form 3
2) Vendor Compliance to State Law Non-Resident Bidder 4
3) Prequalification Statement 5
4) State and Federal documents (project specific) 6
b. Current Prevailing Wage Rate Table 7
c. Insurance ACORD Form(s) 8
d. Payment Bond 9
e. Performance Bond 10
f. Maintenance Bond 11
g. Power of Attorney for the Bonds 12
h. Worker’s Compensation Affidavit 13
i. MBE and/or SBE Utilization Form 14
3. General Conditions. 15
4. Supplementary Conditions. 16
5. Specifications specifically made a part of the Contract Documents by attachment or, 17
if not attached, as incorporated by reference and described in the Table of Contents 18
of the Project’s Contract Documents. 19
6. Drawings. 20
7. Addenda. 21
8. Documentation submitted by Contractor prior to Notice of Award. 22
9. The following which may be delivered or issued after the Effective Date of the 23
Agreement and, if issued, become an incorporated part of the Contract Documents: 24
a. Notice to Proceed. 25
b. Field Orders. 26
c. Change Orders. 27
d. Letter of Final Acceptance. 28
29
Article 6. INDEMNIFICATION 30
6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 31
expense, the city, its officers, servants and employees, from and against any and all 32
claims arising out of, or alleged to arise out of, the work and services to be performed 33
by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 34
under this contract. This indemnification provision is specifically intended to operate 35
and be effective even if it is alleged or proven that all or some of the damages being 36
sought were caused, in whole or in part, by any act, omission or negligence of the city. 37
This indemnity provision is intended to include, without limitation, indemnity for costs, 38
expenses and legal fees incurred by the city in defending against such claims and causes 39
of actions. 40
41
00 52 43 - 3
Agreement
Page 3 of 5
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised September 6, 2019 Capital Projects No. 101592 & 101875
6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 1
the city, its officers, servants and employees, from and against any and all loss, damage 2
or destruction of property of the city, arising out of, or alleged to arise out of, the work 3
and services to be performed by the contractor, its officers, agents, employees, 4
subcontractors, licensees or invitees under this contract. This indemnification provision 5
is specifically intended to operate and be effective even if it is alleged or proven that all 6
or some of the damages being sought were caused, in whole or in part, by any act, 7
omission or negligence of the city. 8
9
Article 7. MISCELLANEOUS 10
7.1 Terms. 11
Terms used in this Agreement which are defined in Article 1 of the General Conditions will 12
have the meanings indicated in the General Conditions. 13
7.2 Assignment of Contract. 14
This Agreement, including all of the Contract Documents may not be assigned by the 15
Contractor without the advanced express written consent of the City. 16
7.3 Successors and Assigns. 17
City and Contractor each binds itself, its partners, successors, assigns and legal 18
representatives to the other party hereto, in respect to all covenants, agreements and 19
obligations contained in the Contract Documents. 20
7.4 Severability. 21
Any provision or part of the Contract Documents held to be unconstitutional, void or 22
unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 23
remaining provisions shall continue to be valid and binding upon CITY and 24
CONTRACTOR. 25
7.5 Governing Law and Venue. 26
This Agreement, including all of the Contract Documents is performable in the State of 27
Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 28
Northern District of Texas, Fort Worth Division. 29
7.6 Authority to Sign. 30
Contractor shall attach evidence of authority to sign Agreement if signed by someone other 31
than the duly authorized signatory of the Contractor. 32
33
7.7 Prohibition On Contracts With Companies Boycotting Israel. 34
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 35
Code, the City is prohibited from entering into a contract with a company for goods or 36
services unless the contract contains a written verification from the company that it: (1) 37
does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 38
The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms 39
in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 40
certifies that Contractor’s signature provides written verification to the City that 41
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of 42
the contract. 43
44
00 52 43 - 4
Agreement
Page 4 of 5
CITY OF FORT WORTH Lake Como Park and Oakland Lake Park
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Dam and Erosion Control Improvements
Revised September 6, 2019 Capital Projects No. 101592 & 101875
7.8 Immigration Nationality Act. 1
Contractor shall verify the identity and employment eligibility of its employees who perform 2
work under this Agreement, including completing the Employment Eligibility Verification 3
Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms 4
and supporting eligibility documentation for each employee who performs work under this 5
Agreement. Contractor shall adhere to all Federal and State laws as well as establish 6
appropriate procedures and controls so that no services will be performed by any Contractor 7
employee who is not legally eligible to perform such services. CONTRACTOR SHALL 8
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, 9
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY 10
CONTRACTOR, CONTRACTOR’S EMPLOYEES, SUBCONTRACTORS, 11
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right 12
to immediately terminate this Agreement for violations of this provision by Contractor. 13
14
7.9 No Third-Party Beneficiaries. 15
This Agreement gives no rights or benefits to anyone other than the City and the Contractor 16
and there are no third-party beneficiaries. 17
18
7.10 No Cause of Action Against Engineer. 19
Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 20
sureties, shall maintain no direct action against the Engineer, its officers, employees, and 21
subcontractors, for any claim arising out of, in connection with, or resulting from the engineering 22
services performed. Only the City will be the beneficiary of any undertaking by the Engineer. 23
The presence or duties of the Engineer's personnel at a construction site, whether as on-site 24
representatives or otherwise, do not make the Engineer or its personnel in any way 25
responsible for those duties that belong to the City and/or the City's construction contractors 26
or other entities, and do not relieve the construction contractors or any other entity of their 27
obligations, duties, and responsibilities, including, but not limited to, all construction 28
methods, means, techniques, sequences, and procedures necessary for coordinating and 29
completing all portions of the construction work in accordance with the Contract Documents 30
and any health or safety precautions required by such construction work. The Engineer and 31
its personnel have no authority to exercise any control over any construction contractor or 32
other entity or their employees in connection with their work or any health or safety 33
precautions. 34
35
SIGNATURE PAGE TO FOLLOW 36
37
Richard Zavala (Oct 13, 2021 17:57 CDT)
Richard Zavala
DBlack (Oct 20, 2021 09:10 CDT)
Valerie Washington (Oct 20, 2021 09:29 CDT)
Oct 20, 2021
2021-752547
August 10, 2021
21-0561
Prohibition on Boycotting Energy Companies
Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract
for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public
funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a
written verification from the company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms "boycott energy company" and
"company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code
(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2}. To the extent that Chapter 2274 of the Government
Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Contractor: (1) does not boycott energy companies;
and (2) will not boycott energy companies during the term of this Agreement.
Prohibition on Discrimination Against Firearm and Ammunition Industries
Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas
Government Code (as added by Acts 2021, 87th Leg., R.S., S.B.19, § 1), the City is prohibited from entering
into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or
partly from public funds of the City, with a company (with 10 or more full-time employees) unless the
contract contains a written verification from the company that it: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate during the term of the contract against a firearm entity or firearm trade association. The
terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those
terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, §
1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing
this Agreement, Contractor certifies that Contractor's signature provides written verification to the City
that Contractor: (1j does not have a practice, policy, guidance, or directive that discriminates against a
firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm
trade association during the term of this Agreement.
BY:
CONSULTANT
The Fain Group, Inc.
L rry Frazier
resident
Date: J �
10thAugust21
8thOctober21
21August10th
8thOctober21
21August10th
0061 19-2
MAINTENANCE BOND
Page 2 of 3
1 WFIEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
2 upon receiving notice from the City of the need therefor at any time within the Maintenance
3 Period.
4
5 NOW THEREFORE, the condition of this obligation is such that if Principal shall
6 remedy any defective Work, for which timely notice was provided by City, to a completion
7 satisfactory to the Ciiy, then this obligation shall become null and void; otherwise to remain in
8 full force and effect.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the City may cause any and all such defective Work to
be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
the Surety under this Maintenance bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CIT'Y OF FORT WORTH Lake Como Pazk and Oakland Lake Pazk
STANDARD CONSTRUCTION SPECIFICATION DOCiJMENTS Dam and Erosion Control Improvements
Revised July l, 2011 Capital Projects No. 101592 &
101875
8thOctober21
General
Power
of Attorney
POWER NO. 4220012 14
Westfield Insurance Co.
Westfield National Insurance Co.
CERTIFIED COPY Ohio Farmers �C1SUr ancer, Ooo
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH,
JARRETT WILLSON, JACK NOTTINGHAM, JOINTLY OR SEVERALLY
of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and ali bonds, recognizances, undertakings, or other instruments or contracts of
suretyship------------------------------------------------------------- .
LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
Z�UA'}7711aTEE, OR BANK DEPOSITORY BONDS.
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
WESTFIE�D INSURANCE�COMPANY, WESTFIELD NATbONAL INSURANCE COMPANY and OHIO FARMERyS INSURANCE COMPANYof each of the
"Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for
and on behalf of the Company subject to the following provisions;
The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's �iability thereunder, and any such instruments so executed by any such
Attornex-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary."
"Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIE�D INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their National Surety �eader and Senior Executive and their corporate seals to be hereto
affixed this 02nd day of JANUARY A.D., 2020 , ,
COf orate P``v�unrqiMrp9 . `��i�fWun�i�r � �p.amliiryi
Seals '''�a���Ak�,�, ,.'P-C�t?,�;;?;i,�,s�,,, t, �NSU �o VUESTFIELD INSURANCE COMPANY
�o f• •,��. � ; a: ••' •. G , �?••�•�• �y�; -� WESTFIELD NATIONA� INSURANCE COMPANY
Affixed,r�vj waw `oo �' o� '•. ��' i� • N� �� E' � OHIO FARMERS INSURANCE COMPANY
►-r �� qT �n: '``'' T ��'� � 1
� � � ��� • ro� : N �, SEril.. : m _ 'o: � � ; �i � 1 ,��.
��, �� =y. :n' ��j: ���48 ��= ;
��r �'•ti, rin ..+ \' ,� ::?�., .'p ; ;. .' �`� �,_ . �
� •.a.r�' •�� �........�'� i •..�;..•' ♦ . .
i }
�����,,` y�i� �
�11�N�nMI� r,,,����.i��in nN��,�d �•�ninnH���"�,,,,'` � : .� � �
State of Ohio ty
county of Medina ss.: ByGary W. tumper� Natio Sen oreExecuader and
On this 02nd day of JANUARY A.D., 2020 , before me personally came Gary W. Stumpel' to me known, who, being by me duly sworn,
did depose and say, that he resides in Hartford, CT; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE
COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which
executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that
they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial ��..a,�����,u�,,,,
Seal a`a�t\ A I, S"+,,�
Affixed �P'''�\����/�%:.F :�
Ot=..... /�,.9
z�.�.�, r �
State of Ohio
County of Medina ss.:
. ��..._ .
-„�
� �'►, ,T`°,
q.TF OF ��.�•.
David A. Kotnik, Attorney at Law, Notary Public
My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
I, Frank A. Car�ino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio,'this 13th day of
May A.D., 2021 • ,
"�N��1111N/M! ,�t{\IIIeII�Iri�
`�1su %.(,y�: � ,,..��.�,oN�c i,y'o.
�•'' ta,'i �`` �P'' •`cG�':
� � •��~ S �}{ ; ��: �� �Y:
��� �� ; N; SEAL ; m _
,.,� „Q. �� �. ;�., : o :
� ��'•,, •......•�''�
�'Hi �''�mn un"����,�
4
s:, i8�e ,:;
�� ,�, �4
� !
�i�^4� �
Frank A. Carrino, Secretary
s���ry
BPOAC2 (combined) (06-02)
e y�
IMPC3RTANT NOT[CE
STATE OF TEXAS
COMP�AiNT P�fJCEDURES
1. IMPORTANT NOTICE
To obtain information or make a complainf'
2. You may contact your agent,
.3. Yau may call Wes�eld (n�urance Company,
Westfield National` Insurance Company, and/ar
Ohio ''Farmers lnsurance Gompany's toll-firee
tetephone number for information or to make a
complaint at:
1-8a�-243-Q2'! 4
4. You rnay also wrife to 1Nestfield Insurance
Company, Westfieid National Msurance Campany,
at�d/or Ohio Farmers InsuCance Company at:
Attn; Bond Claims
One Park Circle
P O Box 5001
Westfield Center, QH 44251-5001
�ax #��a-ss7-osaa
�. You may contact the Texas Department of
lnsurance to obtain infarmation on companies,
coverages, rights or complaints at:
1-8Q0-252-3439
6. You may write to the Texas Department of.
Insurance, Consumer Protection Sec#ion (MC 11'1-�A)r
P.O. Bqx 149091
Austin, TX 78714-9091
Fax. (512) 490-1007
Web: www.tdi.texas.gov
'E-maiC: ConsumerPrafectionCa�tcii.texas.qov
7. PREMIUM OR CLAIM D(SPUT�S;
Should you have a dispute conceming your premium or
abaut a claitn, you should contact the agent, Westfield
Insurance Gompany, Westfield National Insurance
Campany, or .Ohia Farmers Insurance Gompany first, If
the dispute is not resalved, yau may contact the Texas
Department o# lnsurance.
8. ATTACH THlS NUTI�E TO YOUR POLICY:
This notice is for information'on(y and does not become
a part or contlition of #he attached document.
BD5430 (�G-15) '
AVISE� IMP�RTANTE
Para obtener inforf�a�ian o para s�rrretet una queja:
Puecfe camunicarse
number},
con su (title) al (telephone
Usted puede Ilamar al numero de telefano grat[5 de
Westfield InSurance Campany, V4lestfieid N�tional
tnsurance G+ompany, andlor tihio farmer5
insurance Company's para inf�rmacion a para
someter una queja al:
'[ -800-243-U2'i Q
Usted tamb[en puede escribir a WesCfielct Insurance
Company, Westfietd Nationai Insu�ance
Gompany, andlor C�hia Farmers Irtsurance
Campany;
Attn: Bond Claims
One Pac[c Circie
P O Box 5QU't
Westfield C�nter, QH 44251-5041
��X #s�o-as7-os�a
Puede comunicarse con el Departamento de
Sequros de Texas para abtener fnformacian acerca
de companies; coberturas, derechas a quejas al:
'[ -800-262-3439
Puede escribir al �e�sarfa[nento cfe Seguros de
Texas, Consurrter Protectian Sect�an (MC 111-1A):
P.O. Bdx 14909 �
Austin, TX 78714-9Q91
Fax: (512} 490-1007
Web: www.tdi.texas.gov
E-rriai[: Car�surnerProfeciionCa�tdi.texas,qov
DISPiJTAS SOBRE P'RIMAS O RECL,4M0�:
Si tiene una disputa eancerniente a su prima o a un
reclamo, d�be comunicarse can el agente, Westf[eld.
Insurance Company, Westfie[d National insurance
�ampany, o Ohia Farmers (nsurance Catt�pany
primera, Si no se resuelve la disputa, puede
entances comunicarse can el departamento (TD!)'.
UNA ESiE AVISQ A 5U POL.IZA: Este av[sa es
so(o para pro�vsito de informacion y no se convierte
en parEe o condicion c4e[ documento acijunto.
POLICY NUMBER: CPP100066127-00 IL 011 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED NOTICE OF CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
COMMERCIAL OUTPUT POLICY
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
MOTOR CARRIER COVERAGE FORM
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
A. Number of Days' Notice: 30
B. Person(s) or Organization Name and Address:
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as
applicable to the endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of
cancellation to the first Named Insured, as provided in Paragraph 2. of either the Cancellation Common Policy
Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days
shown in item A, in the Schedule above.
When a person or organization is listed in item B. in the Schedule above, the number of days notice in item A.
also applies to the person(s) or organization listed in the schedule.
IL 011 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1
Copyright 2015 FCCI Insurance Group.
Agent Copy
COMMERCIAL GENERAL LIABILITY
CG 20 01 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITIOtV
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.
CG 20 01 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1
POLICY NUMBER: To Be Assigned COMMERCIAL GENERAL LIABILITY
CGL 121 (04 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -
Al1TOMATIC STATUS WHEiV REQUlRED IN CONTR,4CT OR AGREEMENT -
ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS
(iEXAS LIMITED SOLE NEGLIGEIVCE)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
A. Section II — Who Is An Insured is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement in effect during the term of this policy that
such person or organizafion be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional insured under the contract or
agreement described in Paragraph 1. above; and
3. The particular person or organization, if any, scheduled above.
CGL 121 (04 13)Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 3
Copyright 2013 FCCI Insurance Group.
�UOTE
(Intormation required to complete this Schedule, if not shown above, will be shown in the Declarations.)
Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury",
"property damage° or "personal and advertising injury" occurring after the execution of the contract or
agreement described in Paragraph 1. above and caused, in whole or in part, by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf;
in the performance of your ongoing operations for the additional insured; or
c. "Your work" performed for the additional insured and included in the "products-completed operations
hazard" if such coverage is specifically required in the written contract or agreement.
With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured
or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of
the additional insured, but only if such coverage is specifically required in the written contract or agreement.
However, the insurance afforded to such additional insured(s) described above:
a. Only applies to the extent permitted by law;
b. Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
c. Will not be broader than that which is afforded to you under this policy; and
d. Nothing herein shall extend the term of this policy.
B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional insured is a Named Insured.
D. With respect to the insurance afforded to these additional insureds, the following is added to Section III —
Limits of Insurance:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph A.1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV — Commercial General Liability Conditions is amended as follows:
The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional insured:
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Copyright 2013 FCCI Insurance Group.
DUOTE
An additional insured under this endorsement must as soon as practicable:
1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this
insurance, and of any claim or "suiY' that does result;
2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the
investigation or settlement of the claim or defense against the "suiY', and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnity of any claim or "suiY' to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other insurance. However, this condition does not affect Paragraph C. above.
We have no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or "suiY'.
F. This endorsement does not apply to any additional insured or project that is specifically identified in any other
additional insured endorsement attached to the Commercial General Liability Coverage Form.
CGL 121 (04 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 3
Copyright 2013 FCCI Insurance Group.
DUOTE
FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT
TABLE OF CONTENTS
DESCRIPTION PAGE
AdditionalInsured Coverage ...................................................................................................................................... 9
BailBonds ................................................................................................................................................................... 9
BlanketWaiver of Subrogation ................................................................................................................................. 14
BodilyInjury and Property Damage ........................................................................................................................... 1
Care, Custody or Control ............................................................................................................................................ 3
Contractors Errors and Omissions ............................................................................................................................. 6
Contractual Liability (Personal & Advertising Injury) .................................................................................................. 2
ElectronicData Liability .............................................................................................................................................. 1
GeneralLiability Conditions ...................................................................................................................................... 13
IncidentalMalpractice ................................................................................................................................................. 9
Insured........................................................................................................................................................................ 9
LimitedProduct Withdrawal Expense ........................................................................................................................ 3
Limitsof Insurance ................................................................................................................................................... 11
Lossof Earnings ......................................................................................................................................................... 9
LostKey Coverage ..................................................................................................................................................... 8
Newly Formed or Acquired Organizations ............................................................................................................... 11
Non-Owned Watercraft ............................................................................................................................................... 1
Property Damage Liability — Borrowed Equipment .................................................................................................... 1
Tenant's Property and Premises Rented To You ...................................................................................................... 8
VoluntaryProperty Damage ....................................................................................................................................... 2
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage
Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form.
The COIVIMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows:
SECTION I- COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows:
1. Extended "Property Damage"
Exclusion 2.a., Expected or Intended Injury, is replaced with the following:
a. "Bodily injury' or "property damage" expected or intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable
force to protect persons or property.
2. Non-owned Watercraft
Exclusion 2.g. (2) (a) is replaced with the following:
(a) Less than 51 feet long; and
3. Property Damage Liabili4y — Borrowed Equipment
The following is added to Exclusion 2.j. (4):
Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a
jobsite and not being used to perForm operations. The most we will pay for "property damage" to any one
borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under
this provision is excess over any other valid and collectible property insurance (including deductible)
available to the insured, whether primary, excess, contingent or on any other basis.
4. Limited Electronic Data Liability
Exclusion 2.p. is replaced with the following:
p. Electronic Data
Damages arising out of ihe loss of, loss of use of, damage to, corruption of, inability to access, or
inability to manipulate "electronic data" that does not result from physical injury to tangible property.
The most we will pay under Coverage A for "property damage" because of all loss of "electronic data"
arising out of any one "occurrence" is $10,000.
We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability
coverage.
The following definition is added to SECTION V— DEFINITIONS of the Coverage Form:
"Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted
to or from computer software (including systems and applications software), hard or floppy disks, CD-
ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically
controlled equipment.
CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14
Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in
SECTION V— DEFIIVITIONS of the Coverag� Form is replaced �y the following:
17. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss
of use shall be deemed to occur at the time of the physical injury that caused it;
b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed
to occur at the time of the "occurrence" that caused it;
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly
manipulate "electronic data°, resulting from physical injury to tangible property. All such loss of
"electronic data" shall be deemed to occur at the time of the "occurrence" that caused it.
For purposes of this insurance, "electronic data" is not tangible property.
SECTION I— COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended
as follows:
Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted.
SECTION I— COVERAGES, the following coverages are added:
COVERAGE D. VOLUNTARY PROPERTY DAMAGE
1. Insuring Agreement
We will pay, at your request, for "property damage° caused by an "occurrence", to property of others
caused by you, or while in your possession, arising out of your business operations. The amount we will
pay for damages is described in SECTION III LIMITS OF INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage" to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you;
d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
e. Property caused by or arising out of the "products-completed operations hazard";
f. Motor vehicles;
g. "Your product" arising out of it or any part of it; or
h. "Your work" arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up to the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
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Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of
use.
The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E.
COVERAGE E. CARE, CUSTODY OR CONTROL
1. Insuring Agreement
We will pay those sums that the insured becomes legally obligated to pay as damages because of
"property damage" caused by an "occurrence", to property of others while in your care, custody, or control
or property of others as to which you are exercising physical control if the "property damage" arises out of
your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF
INSURANCE.
2. Exclusions
This insurance does not apply to:
"Property Damage" to:
a. Property at premises owned, rented, leased or occupied by you;
b. Property while in transit;
c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those
premises;
d. Property caused by or arising out of the "products-completed operations hazard";
e. Motor vehicles;
f. "Your product" arising out of it or any part of it; or
g. "Your work" arising out of it or any part of it.
3. Deductible
We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay
the amount of loss in excess of $250 up io the applicable limit of insurance.
4. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs therefio at your actual cost, excluding profit or overhead
charges.
The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland
marine insurance (including the deductible applicable to the property or inland marine coverage) available to
you whether primary, excess, contingent or any other basis.
The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D.
COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE
1. Insuring Agreement
a. If you are a"seller", we will reimburse you for "product withdrawal expenses" associated with "your
producY' incurred because of a"product withdrawal" to which this insurance applies.
The amount of such reimbursement is limited as described in SECTION III - LIMITS OF
INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered.
CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14
Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
a. This insurance applies to a"product withdrawal" only if the "product withdrawal" is initiated in the
"coverage territory" during the policy period because:
(1) You determine that the "product withdrawal" is necessary; or
(2) An authorized government entity has ordered you to conduct a"product withdrawal".
c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us
within one year of the date the "product withdrawal" was initiated.
d. The initiation of a"product withdrawal" will be deemed to have been made only at the earliest of the
following times:
(1) When you have announced, in any manner, to the general public, your vendors or to your
employees (other than those employees directly involved in making the determination) your
decision to conduct a"product withdrawal" This applies regardless of whether the determination
to conduct a"product withdrawal" is made by you or is requested by a third party;
(2) When you received, either orally or in writing, notification of an order from an authorized
government entity to conduct a"product withdrawal; or
(3) When a third party has initiated a"product withdrawal" and you communicate agreement with the
"product withdrawal", or you announce to the general public, your vendors or to your employees
(other than those employees directly involved in making the determination) your decision to
participate in the "product withdrawal", whichever comes first.
e. "Product withdrawal expenses" incurred to withdraw "your products" which contain:
(1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or
(2) A different "defecY' will be deemed to have arisen out of a separate "product withdrawal" if newly
determined or ordered in accordance with paragraph 1.b of this coverage.
2. Exclusions
This insurance does not apply to "product withdrawal" expenses" arising out of:
a. Any "product withdrawal" initiated due to:
(1) The failure of "your products" to accomplish their intended purpose, including any breach of
warranty of fitness, whether written or implied. This exclusion does not apply if such failure has
caused or is reasonably expected to cause "bodily injury" or physical damage to tangible
property.
(2) Copyright, patent, trade secret or trademark infringements;
(3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it
is caused by:
(a) An error in manufacturing, design, processing or transportation of "your product"; or
(b) "Product tampering".
(4) Expiration of the designated shelf life of "your product".
b. A"product withdrawal", initiated because of a"defect" in "your product" known to exist by the Named
Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part
or prior to the time "your producY' leaves your control or possession.
c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under
Coverage A- Bodily Injury And Property Damage Liability by endorsement.
d. Recall of "your products" which have been banned from the market by an authorized government
entity prior to the policy period.
e. The defense of a claim or "suit" against you for "product withdrawal expenses".
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Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In
The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS: '
e. Duties In The Event Of A"Defect" Or A"Product Withdrawal"
(1) You must see to it that we are notified as soon as practicable of any actual, suspected or
threatened "defect" in "your products", or any governmental investigation, that may result in a
"product withdrawal". To the extent possible, notice should include:
(a) How, when and where the "defect" was discovered;
(b) The names and addresses of any injured persons and witnesses; and
(c) The nature, location and circumstances of any injury or damage arising out of use or
consumption of "your product".
(2) If a"product withdrawal" is initiated, you must:
(a) Immediately record the specifics of the "product withdrawal" and the date it was initiated;
(b) Send us written notice of the "product withdrawal" as soon as practicable; and
(c) Not release, consign, ship or distribute by any other method, any product, or like or similar
producfis, with an actual, suspected or threatened defect.
(3) You and any other involved insured must:
(a) Immediately send us copies of pertinent correspondence received in connection with the
"product withdrawal";
(b) Authorize us to obtain records and other information; and
(c) Cooperate with us in our investigation of the "product withdrawal".
4. For the purposes of this Coverage F, the following definitions are added io the Definitions Section:
a. "Defect" means a defect, deficiency or inadequacy fihat creates a dangerous condition.
b. "Product tampering" is an act of intentional alteration of "your producY' which may cause or has
caused "bodily injury" or physical injury to tangible property.
When "product tampering" is known, suspected or threatened, a"product withdrawal" will not be
limited to those batches of "your producY' which are known or suspected to have been tampered with.
c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain
"your products", from the market or from use, by any other person or organization, because of a
known or suspected "defect" in "your producY', or a known or suspected "product tampering", which
has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property.
d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below
paid and directly related to a"product withdrawal":
(1) Costs of notification;
(2) Costs of stationery, envelopes, production of announcements and postage or facsimiles;
(3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your
employees, including costs of transportation and accommodations;
(4) Costs of computer time;
(5) Costs of hiring independent contractors and other temporary employees;
(6) Costs of transportation, shipping or packaging;
(7) Costs of warehouse or storage space; or
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Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
(8) Costs of proper disposal of "your products", or products that contain "your products", that cannot
be reused, not exceeding your purchase price or your cost to produce the products; but "product
withdrawal expenses" does not include costs of the replacement, repair or redesign of "your
producY', or the costs of regaining your market share, goodwill, revenue or profit.
e. "Seller" means a person or organization that manufactures, sells or distributes goods or products.
"Seller" does not include a"contractor" as defined elsewhere in this endorsement.
The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G.
COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS
1. Insuring Agreement
If you are a"contractor", we will pay those sums that you become legally obligated to pay as damages
because of "property damage" to "your producY', "your work" or "impaired property", due to faulty
workmanship, material or design, or products including consequential loss, to which this insurance
appli�s. The damages must have resulted from your negligent act, error or omission while acting �n your
business capacity as a contractor or subcontractor or from a defect in material or a product sold or
installed by you while acting in this capacity. The amount we will pay for damages is described in
SECTION III LIMITS OF INSURANCE.
We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or
Omissions coverage.
This coverage applies only if the "property darnage" occurs in the "coverage territory" during the policy
period.
This coverage does not apply to additional insureds, if any.
Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and
Omissions.
2. Exclusions
This insurance does not apply to:
a. "Bodily injury" or "personal and advertising injury".
b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a
contract or project on time.
c. Liability because of an error or omission:
(1) In the preparation of estimates orjob costs;
(2) Where cost estimates are exceeded;
(3) In the preparation of estimates of profit or return on capital;
(4) In advising or failure to advise on financing of the work or project; or
(5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship.
d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress
or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual properry.
e. Any liability for damages:
(1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by
any partner, member of a limited liability company, or executive officer, or at the direction of any
of them; or
(2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different
degree or type than actually expected or intended.
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Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied.
g. Any liability arising from "property damage" to property owned by, rented or leased to the insured.
h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have
completed "your work." "Your work" will be deemed completed at the earliest of the following times:
(1) When all of the work called for in your contract or work order has been completed;
(2) When all the work to be done at the job site has been completed if your contract calls for work at
more than one job site; or
(3) When that part of the work done at a job site has been put to its intended use by any person or
organization other than another contractor or subcontractor working on the same project.
Work that may need service or maintenance, correction, repair or replacement, but which is otherwise
complete, will be treated as complefie.
i. Any liability arising from "property damage" to products that are still in your physical possession.
j. Any liability arising out of the rendering of or failure to render any professional services by you or on
your behalf, but only with respect to either or both of the following operations:
(1) Providing engineering, architectural or surveying services to others; and
(2) Providing or hiring independent professionals to provide engineering, architectural or surveying
services in connection with construction work you perform.
Professional services include the preparing, approving or failing to prepare or approve, maps, shop
drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications.
Professional services also include supervisory or inspection activities perFormed as part of any related
architectural or engineering activities.
But, professional services do not include services within construction means, methods, techniques,
sequences and procedures employed by you in connection with construction work you perform.
k. Your loss of profit or expected profit and any liability arising therefrom.
I. "Property damage" to property other than "your product," "your work" or "impaired property."
m. Any liability arising from claims or "suits" where the right of action against the insured has been
relinquished or waived.
n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the
damage arises was perFormed on your behalf by a subcontractor.
o. Any liability arising from the substitution of a material or product for one specified on blueprints, work
orders, contracts or engineering specifications unless there has been written authorization, or unless
the blueprints, work orders, contracts or engineering specifications were written by you, and you have
authorized the changes.
p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing.
This exclusion does not apply to liability for damages that the insured would have in the absence of
the contract or agreement.
3. For the purposes of Coverage G, the following definition is added to the Definitions section:
a. "Contractor" means a person or organization engaged in activities of building, clearing, filing,
excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does
not include a"seller" as defined elsewhere in this endorsement.
4. Deductible
We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of
insurance will not be reduced by the application of the deductible amount.
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Copyright 2015 FCCI Insurance Group
QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
We may pay any part or all of the deductible amount to effect settlement of any claim or "suiY', and upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
5. Cost Factor
In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the
labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead
charges.
The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F.
COVERAGE H. LOST KEY COVERAGE
1. Insuring Agreement
We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE
in this endorsement and the deductible shown below, that you become legally obligated to pay as
damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted
to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The
damages covered by this endorsement are limited to the:
a. Actual cost of the keys;
b. Cost to adjust locks to accept new keys; or
c. Cost of new locks, if required, including the cost of installation.
2. Exclusions
This insurance does not apply to:
a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured;
b. Any resulting loss of use; or
c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any
insured:
1) Misappropriation;
2) Concealment;
3) Conversion;
4) Fraud; or
5) Dishonesty.
3. Deductible
We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of
insurance will not be reduced by the application of the deductible amount.
We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon
notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as
has been paid by us.
EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU
The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire)
to premises, including the contents of such premises, rented to you. A separate limit of insurance applies
to Damage To Premises Rented To You as described in Section III — Limits Of Insurance.
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QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
SECTION I- COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows:
All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY
PAYMENTS — COVERAGES A, B, D, E, G, and H.
1. Cost of Bail Bonds
Paragraph 1.b. is replaced with the following:
b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use
of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Loss of Earnings
Paragraph 1.d. is replaced with the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense
of the claim or "suiY', including actual loss of earnings up to $500 a day because of time off from work.
SECTION II — WHO IS AN IfdSURED is amended as follows:
1. Incidental Malpractice
Paragraph 2.a.(1)(d) is replaced with the following:
(d) Arising out of his or her providing or failing to provide professional health care services. However, this
exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to
provide medical services, unless:
(i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray
or nursing services, treatment, advice or instruction; or
(ii) The "employee" has another insurance that would also cover claims arising under this provision,
whether the other insurance is primary, excess, contingent or on any other basis.
2. �roadened 1Nho Is An Insured
The following are added to Paragraph 2.:
Subsidiaries
e. Your subsidiaries if:
(1) They are legally incorporated entities; and
(2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy.
If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of
the inception of your original policy.
Additional Insureds
f. Any person or organization described in paragraphs g. through k. below whom you are required to add as
an additional insured on this policy under a written contract or agreement in effect during the term of this
policy, provided the written contract or agreement was executed prior to ihe "bodily injury", "property
damage" or "personal and advertising injury" for which the additional insured seeks coverage.
However, the insurance afforded to such additional insured(s):
(1) Only applies to the extent permitted by law;
(2) Will not be broader than that which you are required by the contract or agreement to provide for such
additional insured;
(3) Will not be broader than that which is afforded to you under this policy;
(4) Is subject to the conditions described in paragraphs g. through k. below; and
(5) Nothing herein shall extend the term of this policy.
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COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
g. Owner, Lessor or Manager of Premises
If the additional insured is an owner, lessor or manager of premises, such person or organization shall be
covered only with respect to liability arising out of the ownership, maintenance or use of that part of any
premises leased to you and subject to the following additional exclusions:
(1) Any "occurrence" that takes place after you cease to occupy those premises; or
(2) Structural alterations, new construction or demolition operations performed by or on behalf of such
person or organization.
h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations
If the additional insured is the state or any political subdivision, the state or political subdivision shall be
covered only with respect to operations performed by you or on your behalf for which the state or political
subdivision has issued a permit or authorization. This insurance does not apply to:
(1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations
performed for the federal government, state or municipality; or
(2) "Bodily injury" or "property damage" included within the "products-completed operations hazard".
i. Lessor of Leased Equipment
If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to
liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whofe or in
part, by your maintenance, operation or use of equipment leased to you by such person(s) or
organization(s). With respect to the insurance afforded to these additional insureds, this insurance does
not apply to any "occurrence" which takes place after the equipment lease expires.
j. Mortgagee, Assignee, or Receiver
If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or
recziver of prerriises is an additional insured only with respect to their liability as mortgagee, assignee, or
receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance
does not apply to structural alterations, new construction and demolition operations perFormed by or for
that person or organization.
k. Vendor
If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily
injury" or "property damage" caused by "`your products" which are distributed or sold in the regular course
of the vendor's business, subject to the following additional exclusions:
(1) The insurance afforded to the vendor does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This exclusion does not apply to liability
for damages that the vendor would have in absence of the contract or agreement.
(b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in "your producY' made intentionally by the vendor;
(d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, and then repackaged in the original
container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed
to make or normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products;
(fl Demonstration, installation, servicing or repair operations, except such operations performed at
the vendor's premises in connection with the sale of the product;
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COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
(g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
(h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own
acts or omissions or those of its own acts or omissions or those of its employees or anyone else
acting on its behalf. However, this exclusion does not apply to:
i. The exceptions contained in Subparagraphs d. or f.; or
ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the
distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization, from whom you have acquired such
products, or any ingredient, part or container, entering into, accompanying or containing such products.
3. Newly Formed or Acquired Organizations
Paragraph 3. is amended as follows:
a. Coverage under this provision is afforded until the end of the policy period.
d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred
before you acquired or formed the organization.
SECTION III — LIMITS OF INSURANCE is amended as follows:
1. Paragraph 2. is replaced with the following:
2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage"
included in the "products-completed operations hazard";
c. Damages under Coverage B;
d. Volunfary "property damage" payments under Coverage D;
e. Care, Custody or Control damages under Coverage E.; and
f. Lost Key Coverage under Coverage H.
2. Paragraph 5. is replaced with the following:
5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under Coverage A;
b. Medical expenses under Coverage C;
c. Voluntary "property damage" payments under Coverage D;
d. Care, Custody or Control damages under Coverage E;
e. Limited Product Withdrawal Expense under Coverage F;
f. Contractors Errors and Omissions under Coverage G.; and,
g. Lost Key Coverage under Coverage H.
because of all "bodily injury" and "property damage" arising out of any one "occurrence".
3. Paragraph 6. is replaced with the iollowing:
6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay
under Coverage A for damages because of "property damage" to any one premises, while rented to you,
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COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with
permission of the owner.
The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the
Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit.
4. Paragraph 7. is replaced with the following:
7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the
Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury"
sustained by any one person.
5. Paragraph 8. is added as follows:
8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for
loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period,
regardless of the number of claims made or suits brought, is $3,000.
6. Paragraph 9. is added as follows:
9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for
"property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one-policy
period, regardless of the number of claims made or suits brought, is $5,000.
7. Paragraph 10. is added as follows:
10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal
Expense for "product withdrawal expenses" in any one-policy period, regardless of the number of
insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000.
8. Paragraph 11. is added as follows:
11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and
Omissions for damage in any one-policy period, regardless of the number of insureds, claims or "suits"
brought, or persons or organizations making claim or bringing "suits" is $10,000.
For errors in contract or job specifications or in recommendations of products or materials to be used, this
policy will not pay for additional costs of products and materials to be used that would not have been
incurred had the correct recommendations or specifications been made.
9. Paragraph 12. is added as follows:
12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages
arising out of any one occurrence is $50,000.
10. Paragraph 13. is added as follows:
13. The General Aggregate Limit applies separately to:
a. Each of your projects away from premises owned by or rented to you; or
b. Each "location" owned by or rented to you.
"Location" as used in this paragraph means premises involving the same or connecting lots, or premises
whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
11. Paragraph 14. is added as follows:
14. With respect to the insurance afforded to any additional insured provided coverage under this
endorsement:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay
on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
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QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
b. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
SECTION IV — COMMERCIAL GENERAL LIA�ILITY CONDITIONS is amended as follows:
1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the
following:
a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may
result in a claim. This requirement applies only when the "occurrence" or offense is known to the
following:
(1) An individual who is the sole owner;
(2) A partner, if you are a partnership or joint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager, if you are a limited liability company;
(5) A person or organization having proper temporary custody of your property if you die;
(6) The legal representative of you if you die; or
(7) A person (other than an "employee") or an organization while acting as your real estate manager.
To the extent possib�e, notice should include:
(1) How, when and where the "occurrence" or offense took place;
(2) The names and addresses of any injured persons and witnesses; and
(3) The nature and location of any injury or damage arising out of the "occurrence" or offense.
2. The ffoilowing is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or
Suit:
The requirement in 2.b.applies only when the "occurrence" or offense is known to the following:
(1) An individual who is the sole owner;
(2) A partner or insurance manager, if you are a partnership orjoint venture;
(3) An "executive officer" or insurance manager, if you are a corporation;
(4) A manager or insurance manager, if you are a limited liability company;
(5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization;
(6) A person or organization having proper temporary custody of your property if you die;
(7) The legal representative of you if you die; or
(8) A person (other than an "employee") or an organization while acting as your real estate manager.
3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit:
e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for
which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time
of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you
shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence"
may be a liability claim rather than a workers compensation claim.
4. Paragraph 6. is replaced with the following:
6. Representations
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QUOTE
COMMERCIAL GENERAL LIABILITY
CGL 088 (01 15)
By accepting this policy, you agree:
a. The statements in the Declarations are accurate and complete;
b. Those statements are based upon representations you made to us; and
c. We have issued this policy in reliance upon your representations.
Any error or omission in the description of, or failure to completely describe or disclose any premises,
operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage
for those premises, operations or products, provided such error or omission or failure to completely
describe or disclose premises, operations or products was not intentional.
You must report such error or omission to us as soon as practicable after its discovery. However, this
provision does not affect our right to collect additional premium charges or exercise our right of
cancellation or nonrenewal.
5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us:
However, we waive any right of recovery we may have because of payments we make for injury or
damage arising out of your ongoing operations or "your work" included in the "products-completed
operations hazard" under the following conditions:
a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement;
b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery;
and
c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you
prior to the loss.
6. Paragraph 10. is added as follows:
10. Liberalization
If we revise this Coverage Form to provide more coverage without additional premium charge, your
policy will automatically provide the additional coverage as of the day the revision is effective in the
applicable state(s).
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QUOTE
IL 060 (07 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET NOTIFICATION TO OTHERS OF CANCELLATION
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM
BUSIIVESSOWNERS COVERAGE FORM
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
COMMERCIAL OUTPUT POLICY
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA COVERAGE FORM
GARAGE COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will
mail notice of cancellation to any person or organization to whom you have agreed in a written contract
that notice of cancellation of this policy will be given, but only if:
1. You send us a written request to provide such notice, including the name and address of such
person or organization, after the first Named Insured shown in the Declarations receives notice
from us of the cancellation of this policy; and,
2. We receive such written request at least 45 days before the effecfive date of cancellation.
We will mail such notice at least 30 days before the effective date of the cancellation.
Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or
organization to be given notice, and said person or organization shall have no rights under this policy if
he/it does not receive notice per this endorsement.
IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1
QUOTE
POLICY NUMBER: UMB100064899-00 IL 011 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDED NOTICE OF CANCELLATION PROVIDED BY US
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
BUSINESSOWNERS COVERAGE FORM
COMMERCIAL CRIME COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM
COMMERCIAL OUTPUT POLICY
COMMERCIAL PROPERTY COVERAGE PART
FARM COVERAGE PART
FARM UMBRELLA COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
MOTOR CARRIER COVERAGE FORM
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
A. Number of Days' Notice: 30
B. Person(s) or Organization Name and Address:
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as
applicable to the endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of
cancellation to the first Named Insured, as provided in Paragraph 2. of either the Cancellation Common Policy
Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days
shown in item A. in the Schedule above.
When a person or organization is listed in item B. in the Schedule above, the number of days notice in item A.
also applies to the person(s) or organization listed in the schedule.
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Copyright 2015 FCCI Insurance Group.
QUOTE
COMMERCIAL AUTO
CAU 058 (05 19)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO FIRST CHOICE COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and
will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form.
With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form
apply unless modified by this endorsement.
The Business Auto Coverage Form is amended as follows:
SECTION 11— COVERED AUTOS LIABILITY COVERAGE is amended as follows:
A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following:
d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the
effective date of this coverage form. However, "insured" does not include any subsidiary that is an
"insured" under any other liability policy or would be an "insured" under such a policy but for its
termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered
insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date.
e. Any organization you newly acquire or form during the policy period, other than a partnership or joint
venture, and over which you maintain sole ownership or a majority interest. However, coverage under
this provision:
(1) Does not apply if the organization you acquire or form is an "insured" under another liability policy
or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of
insurance;
(2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed
the organization; and
(3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the
policy period, whichever comes first.
f. Any person or organization who is required under a written contract or agreement between you and that
person or organization, that is signed and executed by you before the "bodily injury" or "property
damage° occurs and that is in effect during the policy period, to be named as an additional insured is
an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the
extent that person or organization qualifies as an "insured" under the Who Is An Insured provision
contained in Section II.
g. Any "employee" of yours using:
(1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee"
or a member of his or her household, while perForming duties related to the conduct of your
business or your personal affairs; or
(2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your
permission, while performing duties related to the conduct of your business. However, your
"employee" does not qualify as an insured under this paragraph (2) while using a covered "auto"
rented from you or from any member of the "employee's" household
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QUOTE
COMMERCIAL AUTO
CAU 058 (05 19)
h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire
or borrow, while performing duties related to the conduct of your business or your personal affairs.
B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted
and replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an
"accident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of
earnings up to $500 a day because of time off from work.
C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following:
5. Fellow Employee
"Bodily injury" to:
a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's"
employment or while performing duties related to the conduct of your business. However, this
exclusion does not apply to your "employees" that are officers or managers if the "bodily injury"
results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other
collectible insurance; or
b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph
a. above.
SECTION III — PHYSICAL DAl1AAGE COVERAGE is amended as follows:
A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following:
4. Coverage Extensions
a. Transportation Expenses
We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred
by you due to covered loss to any covered auto. We will pay onfy for those covered "autos" for which you
carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary
transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless
of the policy's expiration, when 4he covered "auto" is returned to use or we pay for its "loss".
b. Loss of ltse Expenses
For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally
responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental
contract or agreement. We will pay for loss of use expenses if caused by:
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for
hired "autos";
(2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage
is provided for hired "autos"; or
(3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos".
However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a
total maximum of $1,500.
B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage:
c. Fire Department Service Charge
When a fire department is called to save or protect a covered "auto", its equipment, its contents, or
occupants from a covered cause of loss, we will pay up to $1,000 for your liability fior fire department
service charges assumed by contractor or agreement prior to loss.
No deductible applies to this additional coverage.
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QUOTE
COMMERCIAL AUTO
CAU 058 (05 19)
d. Auto Loan/Lease Gap Coverage
The following provisions apply:
(1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this
coverage form and the lessor of the covered "auto" is named as an additional insured under this
policy, in the event of a total loss to the leased covered "auto°, we will pay any unpaid amount
due on the lease, less the amount paid under the Physical Damage Coverage Section of the
policy; and less any:
(a) Overdue lease or loan payments including penalties, interest, or other charges resulting from
overdue payments at the time of the "loss";
(b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high
mileage;
(c) Security deposits not refunded by the lessor;
(d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan or lease; and
(e) Carry-over balances from previous loans or leases.
(2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the
covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered
"auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical
Damage Coverage Section of the policy; and less any;
(a) Overdue loan payments at the time of the "loss";
(b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance
purchased with the loan; and
(c) Carry-over balances from previous loans.
C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following:
3. We will not pay for "loss" due and confined to:
a. Wear and tear, freezing, mechanical or electrical breakdown
b. Blowouts, punctures or other road damage to tires
This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto".
However, thi� exclu�ion does not include the discharge of an airbag in a covered "auto" you own that
inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only:
a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy;
b. The airbags are not covered under any warranty; and
c. The airbags were not intentionally inflated
We will pay up to a maximum of $1,000 for any one "loss".
D. Section D. Deductible is deleted and replaced by the following:
D. Deductible
For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property
will be reduced by the applicable deductible shown in the Declarations subject to the following:
Any Comprehensive Coverage deductible shown in the Declarations does not apply to:
(1) "Loss" caused by fire or lightning; and
(2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system.
CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4
Copyright 2018 FCCI Insurance Group.
QUOTE
COMMERCIAL AUTO
CAU 058 (05 19)
(3) Glass damage if repaired rather than replaced.
SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows:
A. The fotlowing is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of
Accident, Claim, Suit or Loss:
This duty applies when the "accidenY', claim, "suiY' or "loss" is first known to:
(a) You, if you are an individual;
(b) A partner, if you are a partnership;
(c) An executive officer or insurance manager, if you are a corporation; or
(d) A member or manager, if you are a limited liability company.
B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is
deleted and replaced by the following:
5. Transfer of Rights of Recovery against Others to Us
If a person or organization to or for whom we make payment under this coverage form has rights to
recover damages from another, those rights are transferred to us. That person or organization must do
everything necessary to secure our rights and must do nothing after "accidenY' or "loss" to impair them.
However, if the insured has waived rights to recover through a written contract, or if your work was
commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a
waiver with customers whose customary contracts require a waiver, we waive any right of recovery we
may have under this coverage form.
C. The folfowing is added to Condition 2. Concealment, IVlisrepresentation or Fraud under section B. General
Conditions:
However, if you unintentionally fail to disclose any hazards at the inception of your po�icy, we will not deny
coverage under this coverage form because of such failure. This provision does not affecfi our right to
collect additional premium or exercise our right of cancellation or non-renewal.
D. Paragraph b. of Condifiion 5. Other Insurance under section B. General Conditions is deleted and replaced
by the following:
b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own;
(1) Any covered "auto" you lease, hire, rent or borrow; and
(2) Any covered "auto" hired or rented by your "employee" under a contract in that individual
"employee's" name, with your permission, while performing duties related to the conduct of your
business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a
covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a
partnership), members (if you are a limited liability company), or members of their households.
CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4
Copyright 2018 FCCI Insurance Group.
QUOTE
COMMERCIAL AUTOMOBILE
CAU 082 (01 15)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC INSURED - BUSINESS AUTO POLICY
PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS
AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated
below.
For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following:
1. Any person or organization when you and such person have agreed in writing in a contract signed and
executed by you prior to the loss for which coverage is sought, that such person or organization be added
as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your
negligent actions or omissions impose liability on such "insured" without fault on its part.
2. This insurance is primary and non-contributory to other liability coverages of the person or organization
being added to this policy as an "insured" when so required in a written contract or agreement that is
executed prior to the loss for which coverage is sought.
CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1
Copyright 2015 FCCI Insurance Group.
QUOTE
COMMERCIAL LIABILITY UMBRELLA
UMB 179 (07 09)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIOIVAL IIVSURED PRIMARY / NOIV CONTRIBIDTORY COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
The following replaces SECTION IV — CONDITIONS, Paragraph 5. "Other Insurance" subsection a.:
a. This insurance is excess over and shall not contribute with any of the other insurance, whether primary,
excess, contingent or on any other basis. This condition will not apply to insurance specifically written as
excess over this Coverage Part.
The above will apply to additional insureds unless a written contract specifically requires that this
insurance be primary and noncontributing as to the additional insured. The written contract must be
currently in effect or become effective during the term of this policy and must be executed prior to the
"bodily injury", "property damage" or "personal and advertising injury."
When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against
any "suit" if any other insurer has a duty to defend the insured against that "suiY'. If no other insurer
defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other
insurers.
UMB 179 (07 09) Includes copyrighted Materials of the Insurance Services Office, Inc with its permission. Page 1 of 1
Copyright 2009 FCCI Insurance Group.
QUOTE
POLICY NUMBER: To Be Assigned
COMMERCIAL LIABILITY UMBRELLA
C U 22 82 06 04
THIS ENDORSEMENT CHANGES THE POLJCY. PLEASE READ IT CAREFULLY.
TEXAS WAIVER OF TRANSFER OF RIGHTS OF
REC OVERY AGAI N ST OTH ERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL LIABILITY UMBRELLA COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
Any person/organization against whom rights of recovery are
waived in a written contract that specifically mentions such
waiver as applying to this Commercial Umbrella policy.
Information reQuired to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV — Conditions is amended
by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or
'your work" done under a contract with that person or organization and included in the "products�ompleted op-
erations hazard". This waiver applies only to the person or organization shown in the Schedule above.
CU 22 82 06 04 O ISO Properties, Inc., 2003 Page 1 of 1 ❑
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B
(Ed. 6-14)
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the palicy because Texas is shown in Item 3.A.
of the Infarmation Page.
We have the right to recover our payments from anyone liable fior an injury covered by this policy. We will
not enforce our right against the person or organization named in the Schedule, but this waiver applies only
with respect to bodily injury arising out of the operations described in the Schedule where you are required
by a written contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this
waiver.
2. Operations: All TX Operations
3, Premium:
The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in
connection wi#h work performed for the above person{s) or organization(s) arising out of the operations
described.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
Date Prepared:
Carrier: Bridgefield Casualty Insurance Company
Effective Date of Endorsement: February 1, 2021
Policy Number: 196-50311 .Countersigned by: � � -
Insured: The Fain Group, Inc.
WC 42 03 04 B(Ed. 6-14}
"Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. Copyright 2014 NCCI"